{"id":408,"date":"2019-04-08T13:37:34","date_gmt":"2019-04-08T20:37:34","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=408"},"modified":"2022-11-15T14:23:07","modified_gmt":"2022-11-15T21:23:07","slug":"transfer-deed-house-death","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/transfer-deed-house-death\/","title":{"rendered":"How To Transfer a Deed of House After Death"},"content":{"rendered":"

Introduction<\/h2>\n

When someone passes away, all of their assets will need to legally transfer to their beneficiaries<\/a> and legal heirs. Most assets can easily transfer to beneficiaries outside of probate, but transferring real estate can be tricky. The process of transferring the deed<\/a> of a house will hinge on how the house is titled. The first step is usually to procure a copy of the deed from the county recorder\u2019s office to determine how the property is titled.<\/p>\n

Joint Tenancy and Tenancy by Entirety<\/h4>\n

If the decedent owned the house in joint tenancy or tenancy by entirety (ARS 33-431<\/a>), it\u2019s pretty easy to transfer the title of ownership. The joint owner(s) or the owner\u2019s spouse will need to submit a copy of the owner\u2019s death certificate county recorder\u2019s office. If there are more than two living owners, you may need to submit an affidavit to attest that you own the property. Once the county recorder has the proper paperwork, they will issue a new deed with the decedent\u2019s name removed.<\/p>\n

Individual Ownership or Tenancy in Common<\/h4>\n

If the decedent owned the house individually, or if they owned the house as a tenant in common with other owners, the house can only transfer title of ownership through probate<\/a>. If that\u2019s the case, here\u2019s how to transfer ownership of the house through probate court:<\/p>\n

    \n
  1. Submit a copy of the decedent\u2019s will (if applicable)<\/li>\n
  2. Petition to open probate and appoint a personal representative<\/li>\n
  3. Inventory and value the estate\u2019s assets<\/li>\n
  4. Settle the estate\u2019s liabilities<\/li>\n
  5. Receive a court order to transfer \u201cclear title\u201d<\/li>\n<\/ol>\n

    Submit the Will<\/h4>\n

    If the decedent left a will<\/a>, the party in possession of the will needs to submit the document to the county court within 30 \u2013 120 days. Once the court has the will, they will validate the document and authenticate the will. If the decedent didn\u2019t leave a will, the estate\u2019s legal heirs will be determined by the state\u2019s intestacy<\/a> laws.<\/p>\n

    Open Probate and Appoint a Personal Representative<\/h4>\n

    Probate doesn\u2019t automatically start on its own\u2014someone (usually a family member) will need to submit a petition to the county court to open probate for the estate. If the decedent left a will, the will should nominate someone to serve as their executor or personal representative<\/a>. In the absence of a will, the court can appoint a qualified family member or associate to serve as the personal representative. If there is too much discord amongst the family to come to a consensus on who should be the personal representative, the judge can appoint a third-party special administrator<\/a>.<\/p>\n

    Inventory and Value the Estate\u2019s Assets<\/h4>\n

    The personal representative\u2019s first order of business will be to gather all of the decedent\u2019s assets and value their estate. Bank and brokerage accounts are easy to verify with the most recent account statement, but illiquid assets like a house will need to be professionally appraised. Other assets that may require an appraisal for fair market value include vehicles, art, jewelry, and collectibles.<\/p>\n

    Settle the Estate\u2019s Liabilities<\/h4>\n

    Before the personal representative can distribute any assets, he or she will need to settle all of the decedent\u2019s outstanding bills, debts, and final taxes. Once probate has been opened, creditors usually have four months to file a claim against the estate.<\/p>\n

    Liabilities take precedence over willed-beneficiaries and legal heirs, so the personal representative may be required to liquidate assets (including the house) if necessary to settle the liabilities. If there are more liabilities than assets, the estate is considered insolvent and the beneficiaries\/heirs unfortunately won\u2019t not receive any assets through probate.<\/p>\n

    Receive a Court Order to Transfer \u201cClear Title\u201d<\/h4>\n

    Once the liabilities are settled, the personal representative will be free to distribute the decedent\u2019s assets. When the personal representative files a final accounting and report of their activities, the court will order a transfer of \u201cclear title\u201d and close the estate. With the court order in hand, the county recorder\u2019s office will issue a new deed in the beneficiary\/heir\u2019s name.<\/p>\n

    The Small Estate Exception<\/h4>\n

    In the state of Arizona, estates with less than $75,000 in personal property and less than $100,000 in real property are eligible to transfer property without going through probate court. If there is a house or other property involved, you\u2019ll need to wait at least 6 months before filing a small estate affidavit<\/a>. Assuming the court accepts the affidavit, the court will skip the entire probate process and issue an order to transfer \u201cclear title\u201d that you can take to the county recorder\u2019s office for a new deed.<\/p>\n

    What Happens to a Decedent\u2019s House When There Isn\u2019t a Will<\/h4>\n

    When someone dies without a will, they die \u201cintestate,\u201d and their assets will be distributed to their legal heirs according to the state\u2019s intestacy laws. Intestacy laws are designed to fairly award assets to legal heirs, but they don\u2019t allow the decedent\u2019s family to have any say in who receives which assets. In the state of Arizona, intestate succession is determined in the following order:<\/p>\n