Legal Question in Wills and Trusts in Arizona

I am informed that in the state of AZ if real property is held in the name of both husband and wife as community property with right of succession the property reverts to the successor on the demise of either without having to go through probate court.Is this correct and does it also apply to personal property similarly held?


Asked on 12/04/09, 6:05 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Yes, property held or entitled as community property with right of survivorship, as with property held as joint tenants with right of survivorship, will pass to the surviving spouse or surviving joint tenant, upon the passing of one of the parties, without probate, as it passes to the survivor automatically, by operation of law. This is one of the ways that people avoid probate.

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Answered on 12/09/09, 6:50 pm


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