Inheriting a house usually arrives at the hardest possible time. On top of grief, there are keys to track down, bills arriving in someone else's name and relatives asking what happens next. The good news is that Arizona has clear paths for passing a house to the people who are supposed to receive it. This guide walks through those paths in plain English so you can get organized and ask better questions of the professionals helping you.
First things first: protect the house
Before anyone talks about selling, make sure the property is safe and the value is protected. Order several certified copies of the death certificate, because the title company, the court, banks and the county may each ask for one. Lock the doors and windows, keep a list of who has keys, and check on the house regularly, especially if nobody is living there.
Call the homeowner's insurance company, let them know the owner has passed away and ask how a vacancy affects coverage. Many policies limit coverage for vacant homes. Keep power and water on so the house does not suffer damage, and so inspectors, contractors or buyers can see it later. If you can, keep paying the bills tied to the house (mortgage, property taxes, HOA dues and insurance), since missed payments can lead to late fees, liens or even foreclosure.
Then gather the paperwork: any will or trust, the deed, recent mortgage statements, the property tax bill and HOA contact details. You can search recorded documents, including deeds, on the Maricopa County Recorder website, and check the tax status with the Maricopa County Treasurer.
How the house passes depends on how it was owned
The single most important question is how the owner held title. That decides who can sign a sale and whether the court needs to be involved. These are the most common situations in Arizona:
A beneficiary deed was recorded
Arizona allows a beneficiary deed, which transfers the property to the named beneficiary when the owner dies. To be effective it must have been signed and recorded with the county recorder before the owner's death, and it is not revoked by a will (A.R.S. § 33-405). If one exists, the beneficiary may be able to sell without probate once the title company has what it needs.
Joint ownership with survivorship
When a house is held in joint tenancy or as community property with right of survivorship, the surviving owner generally takes the deceased owner's share without probate. The title company will usually ask for a death certificate and may ask for an affidavit.
The house is in a living trust
If the house was deeded to a living trust, the successor trustee named in the trust manages the property and can usually sell it under the trust's terms, without going through probate.
A smaller estate: the affidavit for real property
Arizona lets successors transfer real property by affidavit instead of a full probate in some cases. Under A.R.S. § 14-3971(E), the value of all of the person's Arizona real property, less liens and encumbrances, must be $300,000 or less (based on the full cash value on the county assessment roll). At least six months must have passed since the death, no personal representative can have been appointed or applied for, funeral and last-illness expenses and unsecured debts must be paid, and no federal estate tax can be due. In Maricopa County, the affidavit is filed with the Clerk of the Superior Court and the certified copy is then recorded with the County Recorder. The court explains the steps on its small estate affidavit page.
None of the above: probate
If there is no beneficiary deed, survivorship, trust or qualifying small estate, probate is usually how someone gets the legal authority to sell. The court appoints a personal representative and issues letters, which are the document a title company will ask for.
Arizona probate in plain English
Arizona has informal and formal probate. Informal probate is handled by the probate registrar, usually without a hearing, when there is no dispute. An application to informally probate a will can be granted once at least 120 hours have passed since the death (A.R.S. § 14-3302). Formal probate is supervised by a judge, with notice and a hearing, and tends to be used when a will is missing or unclear, someone objects, or the estate is complicated.
Once appointed, the personal representative publishes a notice to creditors, and creditors generally have four months from the first publication to present claims (A.R.S. § 14-3801). In most cases a probate or appointment proceeding has to be started within two years of the death, with some exceptions (A.R.S. § 14-3108). The Maricopa County Superior Court keeps a helpful probate resource guide with forms and instructions.
Who can actually sign the sale?
In probate, it is the personal representative holding letters. With a trust, it is the successor trustee. With a beneficiary deed or survivorship, it is the beneficiary or surviving owner, and if there are several, all of them normally need to sign. With a small estate affidavit, it is the successors named in the recorded affidavit, together. A simple step that saves a lot of stress: before you sign a listing agreement or a purchase contract, ask a title company what it needs to insure the sale. Their answer tells you whether you are ready.
Taxes to ask a CPA about
For federal income tax, the basis of inherited property is generally its fair market value on the date of death, often called a stepped-up basis. If the house sells soon after for about that value, there may be little taxable gain (IRS Publication 551). Arizona is a community property state, and special rules can apply to a surviving spouse's share (IRS Publication 555). Property taxes also keep coming due while the estate is settled. Keep receipts for repairs, cleanout and closing costs, and ask a CPA what matters in your situation.
Your options for the house
List it with an agent. This often makes sense when the house is in good shape and the heirs have time for repairs, cleaning, showings and escrow. Remember to budget for commissions, repairs and the carrying costs (utilities, insurance, taxes) while it is on the market.
Sell it as-is. When the house needs work, is full of belongings, is far from where the heirs live, or the family wants a simple, set closing date, an as-is sale can reduce the to-do list. The price will reflect the condition, so compare more than one offer and read the contract carefully. Our guide to selling a house as-is in Phoenix covers what to look for.
Rent it or keep it. If someone wants to keep the house, all owners need to agree on who pays the mortgage, taxes, insurance and repairs, and who handles tenants if it becomes a rental.
A simple checklist
Order death certificates. Secure the house and keep insurance and utilities active. Find the will, trust and deed. Search the Recorder for a beneficiary deed. Look up the full cash value on the Maricopa County Assessor site. Decide which path applies. Talk with the other heirs. Ask a title company what it needs, and talk to a CPA before you sell.
Free help and next steps
Download our free, printable Inherited a House in Arizona? step-by-step guide (PDF), which includes the checklist and a list of Maricopa County resources. For free legal information, AZLawHelp.org and the Arizona Courts Self-Service Center are good places to start. You can also read more about selling an inherited or probate house with us, or take our 1-minute options quiz.
If you would like to talk it through, call or text (602) 557-4725. We buy houses directly in Arizona, including inherited homes in Phoenix, Mesa and Glendale. We will explain the options in plain English, and every offer is reviewed with you before you sign, with no obligation. Request a free cash offer.
This article is general information about Arizona, not legal, tax or financial advice. Laws change and every situation is different, so check with an Arizona attorney, title company or CPA before you act. USA Home Help is a real estate investment company, not a real estate agent or broker. Last reviewed November 2026.
This article is general information, not legal, tax or financial advice.