In an informal probate with asole heir, must real estate first be titled/deeded to estate or can it be directly titled/deeded to the new owner?

Get Legal Help Today

 Secured with SHA-256 Encryption

In an informal probate with asole heir, must real estate first be titled/deeded to estate or can it be directly titled/deeded to the new owner?

house in Maricopa Cty; land in Apache Cty

Asked on July 29, 2011 Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Although I am unfamiliar with Arizona probate law in specific, I am assuming that even in an informal probate there is an executor or personal representative, which is probably you.  Generally speaking, once the probate has been completed and the assets are to be distributed, the personal representative of the estate can deed the property right to the beneficiary directly through what is known as an executor's deed.  The property does not have to be transferred in to the estate by deed and then transferred out again.  The state and county give you a break with having to file two deeds.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption