In this guide
1. First: check for a beneficiary deed
Arizona was one of the first states to allow beneficiary deeds — a deed the owner records during life that automatically transfers the property at death, completely outside probate. Before doing anything else, search the county recorder's records for one. If your parent or grandparent recorded a beneficiary deed, the property may already legally belong to the named beneficiaries; often all that's needed is recording a death certificate.
2. The small-estate affidavit for real property
Arizona lets heirs transfer real estate by affidavit — no probate case — when the equity in all the deceased's Arizona real property falls under the statutory value limit and at least six months have passed since death. The affidavit is filed with the court and recorded, and it transfers title to the entitled heirs. Key points:
- The value test uses the property's assessed value minus liens, which is often far below market value — more estates qualify than families expect.
- All funeral expenses and debts must be handled, and no probate application can be pending.
- The six-month wait is mandatory — use that time to gather documents and get the family aligned.
3. Informal probate: simpler than it sounds
If the estate doesn't qualify for the affidavit, don't panic — Arizona's informal probate is among the more manageable in the country. A personal representative is appointed by a court registrar without a hearing in most uncontested cases, and can then sell estate property. Typical timeline is months, not years, and many families complete it without drama. Formal (judge-supervised) probate is reserved for disputes.
4. Community property: who actually inherits
Arizona is a community property state, and that changes inheritance math:
- Married, all children from this marriage: the surviving spouse generally takes the deceased's entire intestate estate, including their half of community property.
- Married, children from another relationship: the deceased's half of community property and half of their separate property pass to their children — not the spouse. Blended families are where most Arizona heirship surprises happen.
- Unmarried: children inherit equally; a deceased child's share flows down to their own children.
5. The Arizona tax lien clock
Arizona counties don't wait long on unpaid property taxes. Each February, counties auction tax lien certificates on delinquent parcels. The certificate holder earns interest, and after the statutory redemption period (generally three years from the lien date) can sue to foreclose and take the property outright. For an inherited property nobody's watching, this is the most common way families lose everything. If a certificate has been sold on your family's property, the redemption math still usually favors acting now — we pay redemption amounts at closing.
6. Selling your share when the family can't agree
Your undivided inherited interest is yours to sell — no permission needed from co-heirs. Arizona has not adopted the Uniform Partition of Heirs' Property Act, which means a co-owner who wants out has fewer statutory protections in a partition suit than in Texas or Georgia — and also means a voluntary sale of your share, on your terms, is often the cleanest exit. Mavro buys individual shares confidentially.
7. Your step-by-step checklist
- Search the county recorder for a beneficiary deed and the current deed.
- Check the county treasurer for tax status and any lien certificates sold.
- Map the family tree — marriages, children (all relationships), dates of death.
- Ask whether the estate fits the small-estate affidavit limits.
- Decide: keep, family buyout, sell together, or sell your share.
- Get offers in writing and close through a licensed title company.