Detailed Answer
When a parent dies and their name alone appears on the deed, Arizona law directs the property through probate unless a nonprobate transfer applies. Probate is the court-supervised process of distributing a decedent’s assets under Arizona Revised Statutes §14-2102. Follow these steps to determine current ownership:
- Check for a Transfer on Death Deed. Arizona permits a Transfer on Death (TOD) deed. Under ARS §33-405, a property owner can name a beneficiary who takes title automatically when the owner dies. If such a deed exists, record the death certificate and an affidavit of successor under ARS §33-407. The named beneficiary becomes the new owner without probate.
- Review Other Nonprobate Instruments. Joint tenancy, community property with right of survivorship or a life estate may pass title outside probate. Check the deed and related documents at the county recorder’s office to see if such instruments exist.
- Probate the Property if No Nonprobate Transfer Exists. If no TOD deed or joint title applies, the property enters probate. File the will (if one exists) or open an intestate estate. The court appoints a personal representative to manage the estate.
- Apply Intestate Succession Rules. When someone dies without a will, ARS §14-2102 dictates who inherits. Key points under Arizona intestacy law:
- If the decedent was married with no children, the surviving spouse inherits outright.
- If the decedent had children and a spouse, the spouse generally receives one-half if the children are also the spouse’s, and the children split the other half.
- If there is no spouse, the children inherit in equal shares.
- If no children or spouse survive, parents or other relatives inherit in a prescribed order.
- Transfer Title After Probate. Once the personal representative distributes the property, they execute a new deed conveying title to the heirs or devisees. Record that deed with the county recorder to establish current ownership.
Example Hypothetical: Jane, who owned her home solely in her name, died in Phoenix survived by her husband and two adult children. She did not record a TOD deed. Because the deed listed only Jane, the home entered probate. Under ARS §14-2102, Jane’s husband received one-half of the estate and each child received one-quarter. After probate, the personal representative recorded a new deed transferring the home to the three heirs.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney in Arizona to address your specific situation.
Helpful Hints
- Search the county recorder’s online database for any TOD deeds, joint tenancy statements or life‐estate reservations.
- Obtain several certified copies of the death certificate; many agencies require them for record updates.
- Locate any will or trust documents before opening probate.
- Consult probate court self‐help resources or an estate attorney if the estate contains real property.
- Keep clear records of all filings and recordings to avoid title disputes in the future.