Legal Question in Wills and Trusts in Arizona

In general, when there is real estate/property in the estate of a decedent, a probate is required to transfer title to the heirs. The heirs may be determined by state law or by the decedent's Will. AZ allows property in small estates to be transferred to the heirs by affidavit in certain limited cases.

If your father is legally capable, he could execute a beneficiary deed, so that the property passes upon his death to those persons he wants to receive the property, outside of and without a probate being required. He must be competent and able to understand the advantages and disadvantages of making such a deed.

It is best to have him memorialize his intent in a will or other legal testamentary document. Sure, you and your two sibs most likely will get the house (split equally three ways), but it will just be more of a headache at a time when you are going to be more stressed due to grieving and other matters that come up when someone dies. You also may want to start thinking about what you plan to do with the property; all live there together? Sell it? Etc.

Best of luck!