Detailed Answer
1. Intestate Succession Rules
Under Arizona’s intestate succession statutes (ARS §14-2101 et seq.), when a homeowner dies without a will, their estate passes to the closest relatives. If the decedent leaves a spouse and children, both inherit (see ARS §14-2103). If no spouse exists, lineal descendants inherit in equal shares (see ARS §14-2102).
2. Opening Probate
To transfer real property title, heirs must open a probate case. Any interested heir can petition the superior court in the county where the decedent resided to appoint a personal representative (ARS §14-3101). The court issues Letters of Personal Representative, granting authority to manage and distribute estate assets.
3. Transferring Title to Heirs
Once the personal representative gathers assets and pays valid debts, they prepare a “personal representative’s deed” conveying the property to the heirs. This deed references the probate case number and must be recorded with the county recorder’s office. Recording the deed transfers title from the estate to the heirs.
4. Partition and Buyouts
If multiple heirs cannot agree on using or selling the property, any co-owner can file a partition action in superior court (see ARS §12-301). The court may order the land sold with proceeds divided or physically divide the parcel among owners.
Helpful Hints
- Gather the decedent’s death certificate and deed records before filing probate.
- Consult a probate attorney to navigate court procedures accurately.
- Maintain a detailed inventory of estate assets for the court.
- Discuss buyout terms early if heirs want to keep the home.
- Record all transfer documents promptly with the county recorder to clear title.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.