Can I sell an inherited house in Pima County, and what comes first?

Not legal or tax advice. Talk to an Arizona probate attorney and a tax professional first.

Path 1: Beneficiary deed

A beneficiary deed transfers the home to the named beneficiary when the owner dies. It's valid only if it was signed and recorded with the county recorder before the owner's death. A deed found in a drawer after the funeral doesn't count. After the death, the title company will usually ask for proof of death, such as a certified death certificate, before the beneficiary can sell. The exact steps, forms and recording fees vary, so confirm them with the title company handling the sale.

Sources: A.R.S. § 33-405(A), (E); check for a recorded deed with the Pima County Recorder.

Path 2: Affidavit of succession to real property

If there's no beneficiary deed, a smaller estate can skip full probate. A.R.S. § 14-3971(E) allows a successor to file an affidavit with the court when all of these are true:

• At least 6 months have passed since the death. A certified death certificate must be attached.
• The decedent's Arizona real property, less liens, is $300,000 or less. Value is the assessor's full cash value for the year of death.
• No personal representative has been appointed, and no application for one is pending.

A separate affidavit for personal property has its own $200,000 limit under § 14-3971(B).

Check the limit yourself. The Pima County Superior Court's instruction page still shows $75,000 (checked Nov 2026). The statute's $300,000 limit controls, but confirm with the court before you file.

Look up the full cash value on the Pima County Assessor site.

Sources: A.R.S. § 14-3971; Pima County Superior Court, Affidavit of Succession to Real Property.

Path 3: Probate and a personal representative

If the home is over the limit, or the family needs court authority, probate opens and a personal representative is appointed. Arizona law lets a personal representative sell estate real property for cash or credit, unless the will or a court order restricts it.

The personal representative must also publish a notice to creditors once a week for three weeks. Creditors then have 4 months from the first publication to file claims.

Sources: A.R.S. § 14-3715(23); A.R.S. § 14-3801.

Taxes: why the date-of-death value matters

For federal tax purposes, the basis of inherited property is generally its fair market value on the date of death. A sale near that value may produce little or no capital gain.

Source: IRS Publication 551, Inherited Property.

Property taxes keep coming due while the estate is open. In Pima County, the first half is due Oct 1 and becomes delinquent after Nov 1. The second half becomes delinquent after May 1. Source: A.R.S. § 42-18052.

Selling the home

Once you have authority to sign, the sale works like any other Arizona resale:

• The buyer has a 10-day inspection period.
• The buyer can submit a BINSR, and you have 5 days to respond.
• The home can be sold as is, but the buyer can still inspect and cancel during that window.

Source: AAR Residential Resale Purchase Contract, February 2026 sample.

What I would personally do

What I would personally do is spend the first two weeks on paperwork, not repairs:

1. Order certified death certificates.
2. Ask a title company to search for a recorded beneficiary deed.
3. Pull the assessor's full cash value to see which path applies.
4. Keep the utilities and insurance on. Tell the insurer the home is vacant.

Then get a CMA dated as close to the date of death as possible. It does double duty: one valuation for the tax basis, and one starting point for the list price.

Frequently asked questions

Do I need probate to sell an inherited house in Arizona?

Not always. If a beneficiary deed was recorded before the death, or the Arizona real property is $300,000 or less after liens and 6 months have passed, probate may not be required. Otherwise, a court-appointed personal representative sells the home.

What is the Arizona affidavit of succession limit for real property?

$300,000, less liens and encumbrances, based on the assessor's full cash value for the year of death, under A.R.S. § 14-3971(E). The court's own instruction page should be checked, since it may show an older figure.

How long after a death can I use the affidavit of succession?

At least 6 months after the date of death, with a certified death certificate attached.

Do I pay capital gains tax on an inherited house?

The basis is generally the fair market value on the date of death (IRS Publication 551), so a sale near that value often produces little gain. Ask a tax professional about your case.

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Pima County · Tucson · Oro Valley · Home value · Market insights · Sources on this site

Not legal or tax advice. Last updated Nov 2026. Figures stay next to the date they were published.