Arizona: How to Find the Rightful Heirs and Who Owns Property After a Grandparent Dies | Arizona Probate | FastCounsel
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Arizona: How to Find the Rightful Heirs and Who Owns Property After a Grandparent Dies

August 14, 2025 5 min read

How to find the rightful heirs and determine property ownership after a grandparent dies (Arizona)

Short answer: Start by obtaining the death certificate and looking for a will. If there is no will, Arizona’s intestate succession rules decide who inherits. Check the county recorder for recorded deeds and the county assessor for tax ownership. If the estate needs administration, the probate (or simplified probate) process will resolve title and distribute property under Arizona law. This article explains each step and where to look.

Detailed Answer

1. Get the official death certificate

You will usually need multiple certified copies of the death certificate to show banks, title companies, the recorder, and the court. In Arizona, order certificates through the Arizona Department of Health Services, Vital Records: azdhs.gov/licensing/vital-records.

2. Look for a will or trust

Find papers in the deceased’s home (safe, filing cabinet, safety deposit box). Ask family members whether a lawyer prepared a will or trust. If a will exists and was filed for probate, it should be recorded with the superior court in the county where your grandparent lived. Use the Arizona Courts self‑help probate page for how to search or open a probate case: azcourts.gov/selfservice/Probate.

3. Check recorded property ownership (deeds) and tax records

Property ownership is determined by the deed. Search the county recorder’s office for deeds recorded in your grandparent’s name. Search the county assessor for the current owner for tax purposes. County public record searches and contact info vary by county; find local-government links at az.gov/local-government and go to the county recorder or assessor listed for your county.

4. Determine whether the property passed outside probate

Some property transfers outside probate by operation of law or contract. Common non‑probate methods include:

  • Property held as joint tenants with right of survivorship — the surviving joint tenant becomes the owner automatically.
  • Transfer-on-death (TOD) or beneficiary deeds — if properly recorded, the named beneficiary gets title on the owner’s death.
  • Property held in a revocable trust — the trust’s trustee distributes assets per the trust terms without probate.

These structures are visible on recorded documents (deed) or in trust documents. If in doubt, the county recorder will show how a deed is titled.

5. If there is no will, Arizona intestate succession decides who the heirs are

If your grandparent died without a valid will, Arizona’s intestacy laws set the order of inheritance (spouse, children, parents, siblings, etc.). See Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings), Chapter 2 (Intestate Succession) for the statutory order: Arizona Revised Statutes, Title 14 — Intestate Succession. The court will appoint a personal representative to administer the estate and distribute assets according to those rules.

6. Probate vs. simplified procedures (small estate)

Whether you must open a full probate depends on what property exists, how it is titled, and the estate’s value. Arizona law provides simplified procedures for smaller estates and expedited probate processes in some cases. See Arizona probate statutes and the court’s guidance here: Arizona Revised Statutes, Title 14 — Probate and Administration and the Arizona Courts probate self‑help page: azcourts.gov/selfservice/Probate.

7. Practical steps to identify heirs and clear title

  1. Collect documents: death certificate, last known will and trust documents, deeds, bank statements, policy papers, titles.
  2. Search the county recorder for deeds and any beneficiary or TOD deeds.
  3. Search county assessor records for current ownership and property tax information.
  4. Search superior court probate records in the county where your grandparent lived for any probate filings.
  5. If no will and no obvious title transfer, consider conducting an heir search (genealogical search) to locate all potential heirs under Arizona’s intestacy rules.
  6. If you find a will or trust, follow the document’s instructions and the court process to probate or administer the estate.
  7. If ownership is unclear or multiple heirs claim the property, open a probate case or consult an attorney to quiet title or resolve disputes.

8. When to hire an attorney

Consider hiring a probate or estate attorney if the situation involves:

  • High‑value or complex assets (real estate, businesses, retirement accounts)
  • Multiple possible heirs or disputed heirship
  • Unknown or hidden assets
  • Potential creditor claims
  • Complicated title issues (e.g., old mortgages, break in the chain of title)

An attorney can advise whether probate is necessary, how to conduct an heir search, and how to clear title or use simplified procedures under Arizona law.

Helpful Hints

  • Start with the death certificate—many offices require certified copies before they release records or accept filings.
  • Search the county recorder and assessor online first—many counties have searchable databases.
  • Look for joint ownership, beneficiary deeds, or trust documents—these often avoid probate.
  • Keep detailed notes and copies of every search and contact; probate and title work rely on clear records.
  • If an heir cannot be located, the court and attorneys use formal heir‑search procedures; do not assume someone is or isn’t an heir without checking records.
  • Ask the county superior court clerk for guidance on filing probate papers or for local forms and filing fees.
  • When in doubt, get an initial consultation with a probate attorney—many offer short, affordable consultations and can point you to low‑cost or pro bono resources if needed.

Key Arizona Laws and Resources

Disclaimer: I am not a lawyer and this is not legal advice. This information is educational and describes general Arizona procedures and statutes. For advice about a particular situation or to start a probate case, consult a licensed Arizona probate or estate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.