How to open an estate for a sibling’s house in Arizona when the decedent died without a will

Short answer: If your sibling died intestate (without a will) in Arizona and owned a house in their name alone, you will usually need to open a probate case in the Superior Court in the county where they lived, be appointed the personal representative (PR) or have someone appointed, obtain authority to deal with the real property, and then transfer or sell the house under court rules or using available simplified procedures. Arizona law on probate and intestate succession appears in Title 14 of the Arizona Revised Statutes (see https://www.azleg.gov/arsDetail/?title=14).

Detailed answer — step by step (Arizona law)

1. Confirm whether probate is required

Start by determining how the house is titled and whether any non‑probate transfer methods apply. Common situations that avoid probate include:

Joint tenancy with right of survivorship or community property with survivorship (property automatically passes to the surviving co‑owner).
A transfer‑on‑death (beneficiary) deed or other beneficiary designation that names a transferee outside probate.
Property held in a living trust that names a successor trustee.

If the house is solely in your sibling’s name and none of the above applies, the title usually must pass through probate. The Arizona courts’ probate self‑help pages explain filing and forms: https://www.azcourts.gov/selfservice/Probate.

2. Identify the heirs under Arizona intestacy rules

If there is no spouse, no descendants (children/grandchildren), and no surviving parents, Arizona’s intestacy rules will typically distribute property to the decedent’s siblings or their descendants. These rules are part of the Arizona Probate Code in Title 14 (see https://www.azleg.gov/arsDetail/?title=14). You should identify all potential heirs because the court requires notice to certain relatives and may require their consent or participation.

3. Decide who will administer the estate

An administrator (called a personal representative in Arizona) must be appointed to collect assets, pay debts, and distribute property. Any qualified person—often a close family member such as a sibling—can petition the Superior Court to be appointed. If multiple heirs exist, one person usually serves as PR; co‑PRs are possible but less common.

4. Choose an appropriate probate procedure

Arizona offers several routes to settle an estate:

Informal (uncontested) probate — typical, faster, and used if heirs agree and there are no significant disputes.
Formal probate — used when disputes exist or when the court must supervise administration closely.
Small‑estate procedures or affidavit transfers — Arizona provides simplified means for certain smaller estates or for transferring specific personal property without full probate. The availability and rules depend on statute and local court practice; check the Arizona courts website for forms and limits: https://www.azcourts.gov/selfservice/Probate.

5. File the necessary documents in Superior Court

Common initial filings include a petition for probate and appointment of personal representative, a certified copy of the death certificate, and any required filing fee. The court issues Letters of Personal Representative (or similar documents) that the PR uses to act for the estate. File in the Superior Court in the county where your sibling lived; see the Arizona courts site for court locations and local rules: https://www.azcourts.gov/.

6. Provide notice and publish if required

The PR must notify heirs and creditors according to Arizona law. The court or statute dictates who must receive direct notice and whether you must publish a notice to creditors in a local newspaper. Proper notice is important because it affects the estate’s ability to clear claims and the PR’s power to act.

7. Use your authority to manage or transfer the house

Once appointed and provided with certified letters, the PR can:

Obtain an appraisal or market analysis.
Pay mortgage, property tax, utilities, and insurance to preserve the property.
Sell the house—often with either the PR’s written authority under the probate statutes or with court approval if required—or transfer title to heirs after distribution is approved.

To sell or transfer real property, you will typically record a deed conveying the property. The county recorder’s office in the county where the property sits will accept the deed once signed and notarized. For many transactions you will need certified Letters of Personal Representative as proof of authority.

8. Complete administration tasks and close the estate

The PR inventories estate assets, pays valid debts and taxes, and distributes remaining assets to heirs according to Arizona law. The PR then files a final accounting or closing documents required by the court to close the estate. Time frames and required reports vary with the type of probate (informal vs formal).

Practical checklist (documents and actions)

Obtain multiple certified copies of the death certificate from the registrar.
Locate the deed and check title—look for joint owners, beneficiary deeds, or trust ownership.
Collect bank statements, mortgage info, insurance policies, and bills tied to the house.
Identify heirs (birth certificates, family records) and their contact information.
File a probate petition in the county Superior Court where the decedent lived and request Letters of Personal Representative.
Provide notice to heirs and creditors as required by court rule/statute.
If you will sell the house: get an appraisal, pay liens and taxes, obtain court approval if needed, and record the deed transfer.

Where to find forms and Arizona law

Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
Arizona Judicial Branch probate self‑help and forms: https://www.azcourts.gov/selfservice/Probate
Arizona courts contact and court locator (to find your county’s Superior Court): https://www.azcourts.gov/

When to talk to an attorney

Consider hiring a probate lawyer if any of these apply:

Heirs disagree about who should be appointed PR or about property distribution.
The estate has substantial debt, pending lawsuits, or tax issues.
The title shows potential problems, hidden liens, or encumbrances.
The estate includes out‑of‑state real property or complex assets.

Helpful Hints

Act quickly to preserve value: secure the home, maintain insurance, and keep up tax and mortgage payments.
Get several certified copies of the death certificate early—courts, banks, and the recorder all require them.
Talk to the county recorder early to learn what paperwork they require to record deeds after probate.
If the estate looks small, ask the court clerk about simplified or small‑estate procedures before filing full probate.
Keep careful records of all estate expenses and distributions—court filings will require accounting.
If possible, get written agreements from other heirs about selling vs keeping the house to avoid later disputes.

Disclaimer: This article explains general Arizona probate concepts and steps for handling a house when a person dies without a will. It is informational only and not legal advice. Laws and court procedures change. For specific legal advice about your situation, contact a licensed Arizona probate attorney or the local Superior Court probate clerk.