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?
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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 13 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.
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