Full question:
My mom just died. We were joint tenants on the deed to her house. I have learned that I don't need to probate this and that the house passes to me 'by operation of law.' How can I have the deed changed into just my name?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Arizona
Answer:
When property is owned as joint tenants with right of survivorship, it automatically passes to the surviving tenant upon the other tenant's death, avoiding probate. To change the deed into your name, you typically need to follow these steps:
1. **Contact the local recorder's office**: Reach out to the recorder's office in the county where the property is located to understand their specific procedures for transferring the deed.
2. **Provide necessary documents**: Generally, you'll need to present a certified copy of your mother's death certificate.
3. **Complete any required forms**: Some counties may require specific forms to be filled out for the transfer.
4. **Pay any applicable fees**: Be prepared to pay any fees associated with recording the new deed.
For more information, you can visit the recorder's office website or contact them directly. Additionally, Arizona law allows for the transfer of real property without probate under certain conditions (see A.R.S. § 14-3971).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.