In Arizona, if a person dies without a will or trust, their estate—including any property they own—will be distributed according to state law through a process called intestate succession. This can often lead to complications, especially when real estate is involved, like a family home. Understanding what happens to a house when someone passes away without an estate plan is essential, as it can affect the probate process and who ultimately inherits the property.
Intestate Succession in Arizona
When someone dies without a will or trust, Arizona’s intestate succession laws dictate how their property will be distributed. The law prioritizes close family members, with the decedent’s spouse and children typically being the primary beneficiaries. If there is no spouse or children, the estate may pass to parents, siblings, or more distant relatives.
If the deceased person owned a house solely in their name, that house would be subject to intestate succession. This means it could be divided among heirs, which can complicate matters if there are multiple heirs with different ideas about what to do with the property.
Right of Survivorship Between Spouses
In some cases, if a married couple owns a home together, the property may be held in joint tenancy or community property with right of survivorship. This means that when one spouse dies, the surviving spouse automatically becomes the full owner of the property, bypassing the need for probate for that asset. However, this right of survivorship must be explicitly written into the deed. If the home is not titled this way, it may still end up going through probate.
Probate May Be Needed to Transfer Title
If a house is not held in joint tenancy or community property with right of survivorship, or if there is no proper estate plan (in this case, a living trust) in place, probate may be required to transfer title to the heirs. Probate is a court-supervised process that can be time-consuming and expensive. It’s especially burdensome when there is no will or trust directing how the property should be managed. Without clear instructions, family members may disagree on what to do with the house, adding stress and complications during an already emotional time.
At Windrose Law Center, we frequently see clients trapped in the probate process simply because a home wasn’t properly planned for in an estate plan. Even when the rest of the estate is small or easy to distribute, real estate often becomes the sticking point that forces the family into probate court.
Avoiding Probate with Proper Planning
By creating a will or trust, you can ensure your home is handled according to your wishes and that your family avoids the lengthy and costly probate process. With a living trust, for example, you can transfer ownership of the house into the trust, allowing the property to pass to your beneficiaries without court intervention. A simple estate plan can save your loved ones significant time and expense.
Concluding Thoughts
At Windrose Law Center, we’re here to help you plan for the future, including making sure your home is protected and your family’s inheritance is secure. If you’re already finding yourself in a probate scenario, we are happy to discuss your options and guide you through the process. Contact us today for a free, 30 minute consultation to discuss your estate planning needs and avoid the probate pitfalls that too often catch families by surprise.