Step-by-step guide to transferring title after a spouse’s death in Arizona

Short answer: The exact steps depend on how the deceased spouse owned the property (joint tenancy, community property with right of survivorship, sole ownership, or a recorded transfer-on-death deed). In many cases you will need a certified death certificate plus either a survivorship affidavit (if title passed automatically) or probate court authority (if title must pass through probate). This article explains the common situations, required documents, and the recording steps in Arizona.

Detailed Answer

This section explains what normally happens under Arizona law and what you will likely need to do to make your child the recorded owner after your wife’s death.

1) First: determine how title was held

Look at the recorded deed that conveyed the property to your wife (and possibly you). Common forms of ownership:

• Joint tenants with right of survivorship — surviving owner(s) automatically keep ownership when one owner dies.
• Community property with right of survivorship — similar to joint tenancy; the surviving spouse owns the property automatically.
• Tenants in common — the deceased owner’s share passes according to their will or by intestacy (probate) if no will.
• Sole ownership (property in deceased spouse’s name only) — usually requires probate or some non-probate transfer device.
• Transfer-on-Death Deed (TODD) — if recorded, the named beneficiary becomes owner automatically on death (check the recorded instrument).

Where to check: your county recorder’s office for the recorded deed and any TODD. (County recorders in Arizona are county offices; see Arizona statutes on county recorders: A.R.S. Title 11 (Counties).)

2) If title already passed automatically (survivorship or TODD)

If ownership passed automatically to the surviving owner(s) or to a TOD beneficiary, you generally do NOT need probate to create title. But you will typically record documents to show the change and clear the chain of title so your child (or you, if you will then transfer to the child) can be put on the deed.

1. Order certified copies of the death certificate from the county that issued it.
2. Obtain the recorded deed and confirm language (joint tenancy, community property with right of survivorship, or TOD).
3. Visit the county recorder’s office website or office to learn what they accept to clear title. Frequently accepted documents include: a certified death certificate and an affidavit of surviving joint tenant or beneficiary (some counties provide a form or will accept a short notarized affidavit).
4. If you (as the surviving spouse) want to transfer title to your child, you can sign and notarize a new deed (typically a grant deed or quitclaim deed) transferring your interest to the child. Then record that deed at the county recorder’s office along with any required supporting documents.

Recording a deed almost always requires a correctly prepared deed with legal description, proper notarization, and compliance with the county recorder’s formatting requirements.

3) If the property must pass through probate (sole ownership or tenants in common)

If the deceased spouse owned the property solely (or the deceased’s share must be distributed under probate), you will usually need probate or a court order before a deed can be prepared and recorded transferring title to heirs. Arizona’s probate statutes and court procedures govern this process; see Arizona Probate laws: A.R.S. Title 14 (Probate).

Typical probate steps:

1. File a petition with the probate court in the county where the decedent lived.
2. The court appoints a personal representative (executor/administrator). The representative receives Letters Testamentary or Letters of Administration that give authority to handle estate assets.
3. The personal representative gathers assets, pays debts, and, once authorized, distributes property according to the will or Arizona intestacy rules.
4. The personal representative prepares and signs a deed conveying the property to the heir (your child). The deed should reference the court order or be accompanied by a certified copy of the Letters or distribution order when recorded.
5. Record the new deed at the county recorder’s office.

Arizona has simplified probate procedures for smaller estates or uncontested matters. Whether you qualify for an informal or summary probate depends on the estate’s facts and the court’s rules. See the Arizona probate statutes for details: A.R.S. Title 14.

4) Documents and technical requirements for recording a deed in Arizona

• Certified death certificate(s).
• Original or certified copy of the predecessor deed showing how title was held.
• If a personal representative is transferring property: certified Letters or a certified court order authorizing distribution.
• New deed (grant deed, quitclaim deed, or other form acceptable in your county) with exact legal description of the property.
• Proper notarization (grantor’s signature acknowledged before a notary public).
• Any county required transfer or recording forms (some counties request an affidavit, property value statement for the assessor, or a cover sheet).

Because counties set formatting and index requirements, check the county recorder’s website for specific requirements for your county’s office (Maricopa, Pima, Coconino, etc.).

5) If title is disputed or third-party claims exist

If heirs disagree, creditors make claims, or title is unclear, you may need:

• A quiet title action to clear title.
• Formal probate administration with notice to creditors and potential hearings.

These situations commonly require attorney assistance.

6) Practical timeline and costs

Time and cost vary widely:

• Recording a death certificate and affidavit to clear title (when survivorship applies): often days to a few weeks, plus recording fees.
• Preparing and recording a deed from a surviving owner to a child: typically a short process if documents are in order (days to a few weeks).
• Probate (to obtain authority to sign a deed): often several months to more than a year, depending on estate complexity and court backlog.

Costs include court fees for probate, recording fees, notary fees, and possible attorney fees.

Next practical steps checklist

1. Find and review the recorded deed for how title is held.
2. Order certified death certificate(s).
3. Contact the county recorder’s office (and county assessor) where the property is located and ask which documents they require to record a new deed after death.
4. If title passed by survivorship or TOD: prepare the deed you want recorded (or an affidavit of surviving owner) and record it.
5. If title requires probate: consult the probate court clerk or a probate attorney about filing to appoint a personal representative and obtaining authority to sign a deed.
6. When recording, include the legal description, have signatures notarized, and provide any county-required forms.

Where to find Arizona statutes and official help

• Arizona Revised Statutes — Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
• Arizona Revised Statutes — Title 33 (Property): https://www.azleg.gov/arsDetail/?title=33
• Arizona county recorder offices: search your county’s recorder for recording requirements (use the county website for your county).
• Arizona Courts self-service resources for probate: https://www.azcourts.gov/selfservice

Important: The specific statutory sections that control survivorship, transfer-on-death deeds, and probate procedures are in the Arizona Revised Statutes under Titles 14 and 33. If you rely on a particular form (e.g., a transfer-on-death deed already recorded), read that recorded instrument carefully to follow its instructions.

Disclaimer

This information is educational only and is not legal advice. It explains general Arizona procedures and common documents but may not cover every situation. Laws and county recording rules change. Consult an Arizona probate or real estate attorney or your county recorder before signing or recording deeds.

Helpful Hints

• Begin by locating the recorded deed immediately — the exact words used (“joint tenancy,” “with right of survivorship,” “community property with right of survivorship,” or a TOD beneficiary) determine your path.
• Get multiple certified copies of the death certificate: recorders, banks, and the probate court may each want originals.
• Call the county recorder’s office and ask whether they accept a survivorship affidavit to clear title — most counties publish acceptable forms or checklists online.
• If you are the surviving spouse and want to transfer property to your child, you can typically do that by signing a deed and recording it — but be mindful of tax consequences, mortgage obligations, and potential creditor claims against the estate.
• If a mortgage exists, contact the lender early. Mortgage obligations do not automatically disappear at death; the lender may need proof of transfer or payment arrangements.
• Keep copies of everything recorded and filed with the probate court; recording mistakes are harder to fix later.
• If multiple heirs exist or there is any doubt about heirs or claims, talk with a probate attorney before recording anything that might be contested.