How do you sell an inherited house in Arizona, with or without probate?

How was the house titled?

Start with the last recorded deed. The county recorder's office has it. Common situations:

• In a living trust: the successor trustee named in the trust can usually sell without probate.
• With a beneficiary deed: Arizona allows a deed that transfers the house on death to a named beneficiary, who can then sell it.
• Joint tenancy or community property with right of survivorship: the surviving owner typically records a death certificate and continues as owner.
• In the deceased owner's name alone: this usually means probate, unless the estate qualifies for a small-estate affidavit, which Arizona allows below limits set by statute.

How does probate work in Arizona?

Someone, often the person named in the will, applies to the superior court to be appointed personal representative. Once appointed, they receive letters of appointment, which is the document a title company relies on to let them sign. They also give notice to heirs and creditors. Maricopa County probate cases are handled by the Superior Court in Maricopa County.

Does a judge have to approve the sale?

In an unsupervised administration, a personal representative generally has the power to sell estate property without a court order. Supervised administrations and some wills are different. The estate's attorney can confirm what applies to yours.

What will the title company ask for?

Usually some combination of:

• A recent certified copy of the letters of appointment, or the trust documents
• A certified death certificate
• Signatures from heirs or beneficiaries, in some cases
• Payoffs for any mortgage, liens, or unpaid property taxes

What should I do with the house in the meantime?

Keep it insured. Many policies change once a house is vacant, so tell the insurer. Keep the utilities on enough to protect the house in the summer heat, change the locks if keys are unaccounted for, and do not throw out paperwork you find. You do not have to empty the house before selling to us. You can take what you want and leave the rest.

When should I talk to an attorney?

Whenever there is no trust or beneficiary deed, heirs disagree, there is a reverse mortgage, or the estate may owe more than it has. This guide is general information, not legal advice.

General information for Arizona homeowners, not legal, tax, or financial advice. Huge Cash Offer is a home buyer, not a law firm, lender, or housing counselor.