Legal Question in Wills and Trusts in Arizona

Conveyance of house to children

My father-in-law is very elderly and widowed. Besides his home, which is free and clear, his only assets of any value are about $150K in savings. He has two children who are named as sole beneficiaries (50/50) in his will.

Can we, or should we, convey title to the home to the two children now and avoid probate? If yes, what is the proper means to accomplish that?


Asked on 3/16/09, 8:00 pm

2 Answers from Attorneys

Gloria Meyer Meyer Law Office

Re: Conveyance of house to children

I definitely do not recommend transferring title now. That is a large risk that your father does not need to take. Probate in Arizona is not so bad as everyone makes it out to be, but if you would like to avoid probate you might want to consider either a beneficiary deed or a trust.

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Answered on 3/16/09, 8:04 pm
Brian Blum Blum Law Office, PLC

Re: Conveyance of house to children

NO! This is the single biggest mistake I see for do-it-yourself estate planning. You can do a beneficiary deed to avoid probate.

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Answered on 3/16/09, 8:39 pm


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