Detailed Answer
Short answer: If a current, recorded survey and deed chain show the property was legally conveyed out of your mother’s estate decades ago, you likely no longer have a property interest. A recorded deed typically transfers title to the grantee, and long passage of time plus intervening ownership and use often makes it difficult to reclaim the property. But there are limited exceptions (fraud, forgery, unauthorized or invalid probate transfers, or other defects) that could give you a basis to challenge the conveyance—so you should verify the records and consider legal advice.
Why a recorded conveyance usually defeats a later claim
Arizona uses public recording to show ownership and give constructive notice to third parties. If a deed from your mother’s estate (or her personal representative) was properly executed and recorded, later purchasers who relied on that recorded deed generally take valid title. See Arizona statutes on property and recording (Title 33) for how property interests and recording work: ARS Title 33 – Property.
Common reasons you still might have a claim
- Forgery or fraud: If the deed was forged, signed under false pretenses, or recorded as the result of fraud, a court can set it aside.
- Invalid authority: If the person who conveyed the property lacked authority (for example, a personal representative acted beyond powers given by the probate court), that transfer may be voidable. Arizona probate law governs the powers and duties of personal representatives: ARS Title 14 – Trusts and Estates.
- Failure to probate / estate assets not properly administered: If the property should have remained an estate asset but was transferred incorrectly during probate, heirs might have remedies in probate court.
- Recorded defects or missed heirs: If a deed omitted required parties or a necessary consent, or if you were an omitted heir and the probate procedures violated Arizona law, you could have grounds to challenge.
- Statute of limitations and laches: Long delays make many remedies unavailable. Adverse possession, quiet-title defenses, and statutory limitations can block old claims. For civil actions and limitations, see Arizona statutes in Title 12: ARS Title 12 – Courts and Civil Procedure.
Practical steps to take now
Follow these steps to assess your situation and preserve any rights you may have.
- Get certified copies of the recorded documents. Obtain the deed(s) identified by the survey from the county recorder where the property is recorded. Review the names, dates, and grantor/grantee language.
- Review the probate file. Check whether your mother’s estate was opened and administered in the county superior court. Look for the personal representative’s inventory, orders authorizing sale, and the final distribution.
- Check the chain of title. Use a title company or county recorder’s records to trace conveyances since the alleged transfer. Confirm whether later purchasers recorded good title and whether any mortgages, liens, or other encumbrances affect ownership.
- Look for signs of fraud or irregularity. Compare signatures, notary acknowledgements, and probate court orders. If anything looks inconsistent, preserve evidence and timestamps.
- Act promptly. Many remedies are time‑limited. Even if the transfer is old, some claims (fraud, quiet title, will contests, or probate relief) require filing within specific deadlines or risk being barred.
- Consult a local Arizona attorney. An attorney experienced in probate and real estate litigation can review records, identify viable claims, and advise whether court action (quiet title, rescission for fraud, or probate relief) is realistic.
What a lawyer or title company will evaluate
A lawyer or title examiner will typically:
- Confirm whether the deed was properly executed and recorded.
- Verify whether the personal representative had court authority (see ARS Title 14).
- Determine whether any intervening owners acquired title in good faith and whether equitable defenses (like laches or statute of limitations) block a claim.
- Estimate the chance and cost of filing a quiet title action, an action to set aside a conveyance, or seeking relief in probate court.
Possible outcomes
- No action — you have no legal interest and cannot recover the property; the recorded owner retains title.
- Settlement — the current owner and you negotiate compensation or another remedy.
- Court relief — if you prove fraud, forgery, or an invalid probate conveyance, a court could rescind the transfer or order relief. Success varies with the facts and age of the transfer.
Relevant Arizona statute resources
- Arizona statutes on property and recording: ARS Title 33 – Property
- Arizona probate and estates statutes (personal representative powers and probate procedures): ARS Title 14 – Trusts and Estates
- Arizona civil procedure and statutes of limitations (actions affecting real property): ARS Title 12 – Courts and Civil Procedure
Helpful Hints
- Start with the county recorder and county superior court where your mother lived—records there often resolve the heart of the issue.
- Order a title report from a reputable title company; it will summarize chain of title and show recorded liens or judgments.
- Preserve originals and make certified copies of any documents you have (wills, deeds, correspondence).
- Do not confront current owners aggressively. Instead, gather documents and consult an attorney before taking steps that could harm your position.
- Ask an attorney about deadlines. Even if a transfer is decades old, equitable claims and fraud exceptions sometimes remain available if promptly pursued after discovery.
- If you cannot afford a private attorney, ask the county court clerk or local legal aid organizations about low‑cost or pro bono probate and real estate help.
Disclaimer: This article explains general Arizona law and common scenarios; it is informational only and not legal advice. For advice specific to your situation, consult a licensed Arizona attorney.