questions & answers

Question: My husband died and our Grant Deed for our property shows he has a 30% tenants in common share of the home. I have 70%. He further has a will that states he leaves any properties to me. He also has a son that will not dispute this. Do I need to go to probate since his 30% value in the home is minimal (K40-45K net value). Or what form can be filed to correct the Grant deed to reflect my full ownership?

Answer: A Tenancy In Common is unlike a "Joint Tenancy with right of survivorship", more commonly held by married couples.  With a TIC, the deceased spouse's share must pass through the Probate courts. 

 However, in Arizona, there is a "small estate" court procedure available, which avoids probate and expedites estate distribution, if certain requirements are met.A.R.S. § 14-3971   You can obtain the court forms online. The major requirements for small estate process, which can be used without an attorney, are that:

•       the claimant be related to the decedent or have a legal interest in the decedent’s property,

•       the value of decedent's Arizona real property (market value minus loans) is $100,000 or less, and the value of other assets is $75,000 or less (as of 2015) and,