What Do I Do With Real Estate When Someone Dies In Arizona?

When someone dies in Arizona, the management of their real estate property depends on several factors, including whether the property was held solely by the deceased person or jointly with others, whether the person left a valid will, and the specific instructions contained in the will. Here are some steps that can help guide you in handling the deceased person’s real estate in Arizona:

Determine the ownership of the property: If the deceased person owned the property jointly with another person or persons, the property will usually pass automatically to the surviving owner(s) outside of probate. However, if the property was owned solely by the deceased person, it will likely have to go through probate.
File a petition for probate: If the deceased person owned real estate solely in their name, you may need to file a petition for probate in the county where they lived. The probate court will appoint a personal representative to manage the estate and distribute assets according to Arizona law.
Notify creditors and heirs: Notify any known creditors and heirs of the death and the probate proceeding.
Obtain a court order: Once appointed, the personal representative will need to obtain a court order to sell or transfer the property.
Sell or transfer the property: After obtaining the court order, the personal representative can sell or transfer the property as directed by the court. If the deceased person left a will, the personal representative will follow the instructions contained in the will. If there is no will, the property will be distributed according to Arizona’s intestacy laws.

It’s important to note that real estate laws can be complex and vary from state to state. It’s recommended to seek the advice of an attorney experienced in probate and estate planning matters to guide you through the process.

Determine the ownership of the property

To determine the ownership of the property, you will need to obtain a copy of the property’s title or deed. This document will show the current owner or owners of the property. If the property was jointly owned, the title or deed will indicate the type of joint ownership, such as joint tenancy or tenancy in common.

If the property was owned solely by the deceased person, you will need to check if there is a beneficiary designation on file, such as a transfer on death (TOD) or payable on death (POD) designation. These designations can allow the property to pass outside of probate directly to the designated beneficiary.

If there is no beneficiary designation, you may need to go through probate to transfer the property to the rightful heirs or beneficiaries. An attorney can help you navigate the probate process and determine the best course of action for transferring the property.

File a petition for probate

If the deceased person owned real estate solely in their name and there is no beneficiary designation or other way to transfer the property outside of probate, you may need to file a petition for probate in the county where the deceased person lived.

To file a petition for probate, you will need to gather the following information and documents:

The deceased person’s death certificate
A copy of the deceased person’s will (if there is one)
A list of the deceased person’s assets and debts, including the real estate property in question
The names and addresses of the deceased person’s heirs and beneficiaries
A completed petition for probate form, which is available from the probate court

Once you have gathered all the necessary information and documents, you can file the petition for probate with the probate court. You will need to pay a filing fee, which varies by county. The court will review your petition and schedule a hearing to appoint a personal representative to manage the estate.

It’s recommended to consult with an attorney experienced in probate matters to ensure that you follow the correct procedures and meet all deadlines.

Notify creditors and heirs

After the personal representative has been appointed by the court, they should notify all known creditors and heirs of the deceased person’s death and the probate proceedings.

To notify creditors, the personal representative should review the deceased person’s financial records and contact any known creditors to inform them of the death. The personal representative should also publish a notice to creditors in a local newspaper to give any unknown creditors an opportunity to make a claim against the estate.

To notify heirs and beneficiaries, the personal representative should provide them with a copy of the probate petition and notice of hearing. The personal representative should also provide a copy of the deceased person’s will (if there is one) and a list of the deceased person’s assets and debts.

It’s important to note that creditors and heirs have a limited amount of time to make claims against the estate. In Arizona, creditors have four months from the date of the first publication of the notice to creditors to make a claim, and heirs and beneficiaries have six months from the date of the first publication of the notice of hearing to contest the will or make any objections.

An attorney experienced in probate matters can help ensure that all necessary parties are notified and that all deadlines are met.

Obtain a court order

Once the personal representative has been appointed by the court and all creditors and heirs have been notified, they will need to obtain a court order to sell or transfer the real estate property.

To obtain a court order, the personal representative will need to file a motion with the probate court requesting approval to sell or transfer the property. The motion should include details about the property, such as its location, value, and any outstanding debts or liens. The personal representative will also need to provide evidence that the proposed sale or transfer is in the best interests of the estate.

The court will review the motion and may schedule a hearing to consider the request. If the court approves the motion, it will issue a court order allowing the personal representative to sell or transfer the property.

It’s important to note that the personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. The personal representative should consult with an attorney experienced in probate matters to ensure that they follow all legal requirements and obtain the best possible outcome for the estate.

Once the court order has been obtained, the personal representative can proceed with the sale or transfer of the property as directed by the court. The personal representative will need to ensure that all legal requirements are met and that the sale or transfer is properly documented.

Sell or transfer the property

Once the personal representative has obtained a court order allowing the sale or transfer of the property, they can proceed with the sale or transfer.

If the property is to be sold, the personal representative will need to hire a real estate agent or broker to list the property for sale. The personal representative will also need to ensure that the property is properly maintained and that any necessary repairs or improvements are made before listing the property.

Once the property is sold, the personal representative will need to distribute the proceeds of the sale to the estate’s beneficiaries according to the terms of the deceased person’s will or the laws of intestacy if there was no will.

If the property is to be transferred to an heir or beneficiary, the personal representative will need to ensure that the transfer is properly documented and recorded. This may involve transferring the property title to the heir or beneficiary and paying off any outstanding debts or liens on the property.