Updated December 2020

ISSUE:

An elderly lady dies with her only heir being her adult son. Her only substantial asset is her home with an assessed value of $120,000 and with a mortgage of $80,000. The elderly lady has no Will. Does her adult son have to open a probate to convey the home to him?

ANSWER:

No. Under A.R.S. §14-3971(E) no probate is required to transfer by affidavit a home with low equity. In general, the requirements are the following:

1. The equity in the home per assessed value is less than $100,000;

2. More than six months have passed since the date of death;

3. Funeral expenses, expenses of the last illness and all unsecured debts of the decedent have been paid;

4. The person signing the affidavit is entitled to the real property by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last will of the decedent, the original of which is attached to the affidavit or has been probated;

5. No other person has a right to the interest of the decedent in the described property; and

6. No federal estate tax is due on the decedent’s estate.

Therefore, the adult son should be able to convey the home to himself by recording the proper affidavit.