In the state of Arizona if my mother and I are on the deed do I have to worry about Probate issues

Lorenda · Joined: 17 Feb 2009 Posts: 1 1.28 Dollars($)

In the state of Arizona if my mother and I are on the deed do I have to worry about Probate issues...My mother and i are on the deed to the house. Do I have to worry about selling the house when she dies so that some siblings get a portion of the equity? Also does it matter who;s name appears first or how it is written?

jerry · Posted: Wed Feb 18, 2009 5:31 am Post subject:

Hi Lorenda,

It doesn't matter who's name appears first or how it's written. As long as your name is there on the deed, you are a legal owner of the property. After your mother's death, you will have to file an affidavit of heirship in a probate court so the property gets transferred to your name. However, if your mother transfers her share in the property to you through a quit claim deed, the property won't have to go through the process of probate.

Thanks,

Jerry

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