Handling a loved one’s home in probate can feel like two jobs at once. You are grieving and also responsible for legal steps, timelines, and a property that still needs care. This checklist gives you clear tasks, local context for Peoria and Maricopa County, and a practical timeline so you can move forward with confidence. You will know what to gather, who to contact, and how to keep the sale on track. Let’s dive in.
Probate basics in Arizona
In Arizona, probate is governed by state law under Title 14 and handled locally by the Maricopa County Superior Court Probate Division. Executors are called personal representatives. You gain authority to act when the court issues Letters Testamentary or Letters of Administration.
There are two common paths: informal probate for uncontested cases and formal probate for cases that need court supervision. Your path affects whether you can accept an offer and close without court confirmation. Title companies and buyers will ask for proof of authority, so certified Letters or a court order are essential.
Arizona does not have a state inheritance or estate tax. Federal tax rules still apply, which may include a stepped-up basis at the date of death and potential reporting. Talk with a CPA about timing and tax strategy before you sell.
Timeline overview
Every estate is different, but this high-level timeline can guide your planning:
- Pre-filing, days 1–14: Secure the property, locate the will, and order death certificates.
- Filing, weeks 2–8: Open probate in Maricopa County and obtain certified Letters.
- Inventory and claims, months 1–4: Complete inventory, arrange appraisal, and allow creditor notice periods.
- Prep and list, 30–90 days after authority: Order a title report, prepare the home, and list with an experienced probate agent.
- Offer to closing, 30–45 days typical: Provide Letters to escrow, resolve title items, and plan for court confirmation if required.
- Distribution and close-out: After liens and expenses are paid, complete final accounting and distribute per the will or Arizona intestacy rules.
Step-by-step checklist
A. Immediate items (day 0–14)
- Order multiple certified death certificates.
- Locate the original will and any codicils.
- Secure the property, change locks if needed, and keep utilities and insurance active.
- Notify family and beneficiaries, and start a written log of key decisions.
- Contact the mortgage servicer for payoff details and current statements.
- If applicable, notify the HOA about status and sale plans.
B. Start probate and get authority (weeks 1–8)
- File a petition with the Maricopa County Superior Court Probate Division to be appointed personal representative.
- Complete required creditor notices and keep proof of publication or service.
- Obtain several certified copies of your Letters of Appointment for title and escrow.
- If you think the estate may qualify for a small-estate procedure, discuss this with counsel.
C. Document assets and clear title (weeks 2–12)
- Order a current title report early to uncover liens or encumbrances.
- Get a professional appraisal or broker price opinion for pricing and possible court filings.
- Gather property documents: deed, parcel number, last tax bill, HOA CC&Rs and statements, permits, and any leases.
- Assemble estate financial records, including mortgage and lien payoff statements.
D. Prepare and list the property (weeks 4–12+)
- Hire a local agent with probate experience in Maricopa County.
- Clean, declutter, and handle cost-effective repairs. Consider staging if helpful.
- Complete seller disclosures that apply to estate sales. Confirm any exemptions with your attorney and agent.
- Schedule inspections as needed and decide which repairs you will complete versus negotiate.
E. Offers, escrow, and possible court confirmation
- Review offers with beneficiaries while keeping fiduciary duties in mind. Document your decisions.
- Provide escrow and the title company with certified Letters and any required court orders.
- If court confirmation is needed, allow additional time for the hearing and any statutory waiting periods.
- If creditor claims are still open, ask counsel if proceeds should be held in escrow until the claim period ends.
F. Closing, accounting, and distributions
- Pay off mortgages, taxes, HOA liens, and closing costs through escrow.
- Confirm recording of the deed at the Maricopa County Recorder.
- Keep a detailed accounting of proceeds, expenses, and commissions.
- Complete final accountings per court rules and distribute net proceeds according to the will or intestacy.
Documents to gather
Provide these early to your attorney and title company to prevent delays:
- Certified Letters Testamentary or Letters of Administration.
- Original will and codicils, and certified death certificates.
- Current deed and the preliminary title report.
- Mortgage and lien payoff statements, and any tax liens or judgments.
- Property tax statements and parcel number, and any special assessments.
- HOA documents, CC&Rs, resale certificate, and HOA contact information.
- Appraisal or broker price opinion and any inspection reports.
- Insurance declarations, permits, and occupancy or septic records if applicable.
- If tenants are in place, leases, tenant contacts, and security deposit records.
Title and escrow items in Arizona
Title companies in Arizona commonly request:
- Certified Letters that show your authority to sell.
- Relevant probate court documents, especially if the sale requires confirmation.
- Any affidavits the underwriter needs, such as an executor’s affidavit.
- Payoff confirmations for taxes and liens.
- Evidence of lien releases or reconveyances required to clear title.
Local contacts in Peoria and Maricopa County
- Maricopa County Superior Court Probate Division handles filings and local procedures.
- Maricopa County Recorder records the deed and, if needed, certified Letters.
- Maricopa County Assessor and Treasurer provide assessment data and tax payoff details.
- Your HOA or subdivision management supplies CC&Rs and resale disclosures.
- Use a title and escrow company experienced with Maricopa County probate sales.
Common challenges to avoid
- Listing before you have certified Letters can stall escrow. Confirm authority first.
- Unknown heirs or missing beneficiaries can delay closing. Flag these issues early with counsel.
- Surprise liens or back taxes discovered late. Order the title report at the start.
- Disagreements among beneficiaries about price or repairs. Keep records and communicate decisions clearly.
- Court confirmation required after going under contract. Build in more time and set expectations with the buyer.
Quick-start checklist
- Get certified death certificates.
- Locate the original will.
- Secure the property and maintain insurance.
- Consult a local probate attorney on process and timeline.
- File for appointment and obtain certified Letters.
- Order a title report.
- Hire a probate-experienced listing agent and prepare the home for market.
Out-of-state executor tips
- Work with local professionals and request remote signing options where accepted.
- Set up a local mailing address for estate matters and coordinate property access.
- Consider a property manager for maintenance, security, and showings.
- Use tracked mail for original documents and keep certified copies on hand.
After closing
Once the sale records, confirm all liens and closing costs were paid, and obtain the final title policy. Keep a clean paper trail for the court and for beneficiaries. Work with your attorney and CPA on final accountings, tax filings, and distributions so you can close the estate with confidence.
If you want a steady, hands-on partner to coordinate title, timing, and sensitive family communication, connect with Russell Harris. With 20+ years in the West Valley and a specialty in probate and estate sales, you will get clear steps, responsive updates, and a well-marketed sale.
FAQs
How does a Peoria probate sale differ from a regular sale?
- Buyers and title companies require proof of your authority to sell, such as certified Letters, and some cases need court confirmation, which can add time.
Can I sell the Peoria home before probate is closed?
- Yes in many informal cases, once you are appointed and have authority, although proceeds may be held until creditor claim periods are satisfied.
Do Arizona probate sales require court confirmation?
- Not always. Informal, uncontested estates often close without a confirmation hearing, but some wills, disputes, or formal proceedings can require one.
What taxes should I plan for on a probate home sale?
- Arizona has no state inheritance or estate tax. Federal rules still apply, including a possible stepped-up basis, so consult a CPA before you list.
What if the Peoria property has tenants during probate?
- Review the lease and follow Arizona landlord-tenant rules. Coordinate showings, notices, and deposit handling with your attorney and agent.
How long does a probate sale usually take in Maricopa County?
- Simple, uncontested cases can sell within a few months. Complex cases or court-confirmation sales can take longer, sometimes up to a year or more.
Which documents do buyers and title need to see?
- Certified Letters, the will or relevant court orders, the title report, lien payoffs, tax statements, HOA documents, and any inspections or disclosures are typical.
