Overview

If a parent died in Arizona without a will (intestate), their real property does not automatically become the children’s property. How the house is transferred depends on how title was held, whether the estate needs probate, and Arizona’s intestacy rules. This FAQ-style guide explains the common paths for transferring a home into the names of heirs (you and your siblings), the steps to take, and practical tips to move forward.

Disclaimer

This is general information and not legal advice. Laws change and every case has unique facts. Consult a licensed Arizona attorney or the local probate court for advice tailored to your situation.

Short answer

First, check the deed to see how the property was owned. If the deed names a surviving joint tenant or a survivorship form of ownership (including some spousal survivorship forms), the house often passes outside probate by recording a death certificate and an affidavit. If the deceased owned the house alone, you usually must open a probate estate in the county Superior Court so the court can appoint a personal representative and either distribute the house to heirs or authorize its sale. Arizona’s intestacy rules (A.R.S. Title 14) determine which relatives inherit when there is no will.

Detailed answer — Step-by-step

1. Get basic documents and information

• Obtain certified copies of the death certificate from the Arizona Department of Health Services or the local vital records office.
• Locate the deed to the house at the county recorder’s office or online. Obtain a title report if possible.
• Find mortgage statements, property tax bills, homeowners insurance, and any lease or rental agreements for the house.

2. Determine how title was held — this often decides the next step

Look at the deed wording. Common possibilities:

• Joint tenancy with right of survivorship: If the parent owned the house as joint tenants with someone (for example, with another family member), the property likely passed directly to the surviving joint tenant. Recording the death certificate and an affidavit with the county recorder usually completes the transfer.
• Community property with right of survivorship (spouse): Arizona recognizes community property and some deeds use survivorship language; a spouse often receives full ownership outside probate.
• Sole ownership by the deceased: If the deed lists only the deceased parent, probate is generally required to transfer title to heirs.
• Life estate, trust, or transfer-on-death instrument: If the house was placed in a trust or a valid beneficiary deed exists, the property may transfer outside probate. Look for a recorded trust or beneficiary deed.

3. If title passes outside probate (joint tenancy, survivorship, trust, beneficiary deed)

1. Record certified death certificate and any required affidavit with the county recorder. The county recorder or a title company can tell you the exact recording step.
2. Obtain an updated title report showing the new owner(s) and update insurance and tax records.
3. If the property had a mortgage, notify the lender. Mortgages do not automatically disappear; the loan remains the borrower’s responsibility unless the lender agrees to a modification or payoff.

4. If probate is required (decedent owned property alone or no valid transfer instrument)

Probate in Arizona is handled by the Superior Court in the county where the decedent lived. The basic probate path when there is no will:

1. File a petition for appointment of a personal representative (administrator) with the county Superior Court. The court will provide local forms and filing requirements.
2. Notice to heirs and creditors: The court will require notice to known heirs and publication to unknown creditors as required by Arizona law.
3. Appointment of personal representative: The court appoints an administrator who is authorized to gather assets, pay valid debts and taxes, and manage or sell property if necessary.
4. Inventory and appraisal: The administrator typically prepares an inventory and valuation of estate assets, including the house.
5. Payment of debts and expenses: Mortgages, taxes, funeral expenses, and creditor claims are paid from estate assets before distribution to heirs.
6. Distribution to heirs under intestacy: After debts and costs, the court will distribute remaining assets according to Arizona’s intestacy rules. If the house cannot be distributed in kind (for example, if heirs disagree or to satisfy debts), the court can order its sale and distribute proceeds.
7. Transfer of title: Once distribution is authorized by the court, a court order or an administrator’s deed transfers title to the heirs. The deed must be recorded with the county recorder.

5. Who inherits when there is no will?

Arizona’s intestacy rules specify how property distributes to surviving relatives (spouse, children, parents, siblings, etc.). See Arizona Revised Statutes, Title 14 (Probate and Estates) for the intestacy provisions and order of priority: A.R.S. Title 14. The court follows those rules when distributing the estate.

6. Alternatives and simplified procedures

• Small estate procedures: Arizona law may allow simplified collection of personal property or certain non-probate transfers for small estates. Check the local court or A.R.S. Title 14 for details and qualification rules.
• Agreement among heirs: If all heirs agree and there are no creditors or tax complications, heirs can sometimes use negotiated solutions (e.g., one heir buys out others) with a title company and recorded deed after resolving mortgage and tax issues. However, proper legal process and documentation are important to avoid future disputes.

When to contact an attorney

Consider hiring a probate attorney if:

• Title is in dispute or ownership is unclear.
• There are significant debts, a mortgage, or possible creditor claims.
• Multiple heirs disagree about what to do with the property.
• There are tax issues, complex assets, or out-of-state property.

Important Arizona resources

• Arizona Revised Statutes, Title 14 (Probate, Trusts, and Estates): https://www.azleg.gov/arsDetail/?title=14
• Arizona Courts — Self-Service Probate information and local probate forms: https://www.azcourts.gov/selfservice/Probate
• Arizona Department of Health Services — Vital Records (to order death certificates): https://azdhs.gov/licensing/vital-records/index.php
• County Recorder and Superior Court websites — for deed recordings and local probate procedures (search by county at the Arizona Courts site above).

Helpful hints

• Get several certified copies of the death certificate early — you will need them for the county recorder, banks, and the probate court.
• Pull a copy of the recorded deed and current title report before making decisions. The exact wording on the deed often answers whether probate is needed.
• If there’s a mortgage, contact the lender to learn options; heirs often cannot clear title until the loan is addressed.
• Talk with your siblings about goals (keep the house, sell it, or buy each other out). Written agreements prevent later conflict.
• Visit the local Superior Court probate clerk’s office or website for forms and filing fees — many Arizona counties provide checklists for informal or formal probate.
• Consider a title company to produce a current chain-of-title report and prepare transfer deeds once the legal path is clear.
• Keep records of expenses related to the property (repairs, taxes, insurance); they affect estate accounting and distributions.

Next practical steps you can take today

1. Obtain a certified death certificate.
2. Order a copy of the deed and a title report from the county recorder or a title company.
3. Contact the county Superior Court probate clerk and ask whether the estate appears to need probate and for links to local forms.
4. Have a family meeting (or call) to discuss preferences and whether you want to consult an attorney.

If you want, tell me the county where your parent lived and any wording you see on the deed (exact wording helps), and I can point to the specific local probate forms and likely next steps.