Legal Question in Wills and Trusts in Arizona

Re: Real estate transfer after death with no will

You can go to the probate court in the county where the land is located and follow their procedure for the transfer of probate property by affidavit (if it qualifies) or an informal probate (if allowed). Formal probate may be required because it has been more than 2 years since your Mom passed away. In addition, go to a good title company and ask them to advise you what is required in order for them to insure title to the property in the name of the children or for a buyer of the property.

Re: Real estate transfer after death with no will

Excellent question, with the right details. Thanks.

The value of the property may in fact be much higher. As you know, property in Arizona has skyrocketed in the past couple of years, and has probably really increased in nine years. The value of the property determines the procedure you use. Get a realtor to check "comps" to try to ascertain the fair market value. Also be aware that the heirs get a tax basis in the property at the value of the land at the time of your mother's death, so that when it is sold the capital gain is computed by the difference in the price and the basis (in simple terms.) There may be a tax advantage in selling the property by the estate, with the opening of a probate, rather than deeding it to the heirs directly with the affidavit procedure. So think carefully about that.

In our office we do probate work in all Arizona counties, yet we do not charge for travel to those counties more than we would incur in travel to Phoenix, so there is an advantage in hiring us to probate property. For example, we have recently done probates in Pima County and Yavapai County, charging the same fee as for Maricopa County.

The four heirs would take in equal shares. Also, I need to know if the property was originally in joint tenancy with your mother and father. That will add a step in the process. I would need to examine the deed or check it on the internet.

I frankly often advise people to do their own legal procedures if they are able to do it on a do-it-yourself basis and do it correctly. In this case, you might be wise to first consult with an attorney. We offer free initial consultations without obligation in all cases, and these can be scheduled at 480.835.1500. I believe that this can be done without formal probate, but perhaps with informal probate, if there is only one asset.

As for using a title company, when we probate an estate the conveyance documents will meet the requirements of title companies, and I would question the need to use a title company in this case, and believe that it is an expense that is not needed at all.

Thanks for your question. If you want to talk further you can reach me. If you prefer, we can refer you to someone in a north county, but it will not save you money.

Best regards,

James D. Jenkins