Have you considered holding property in Arizona as "community property with right of survivorship"?  In the late 1990's Arizona adopted this form of title ownership.  It does exactly what it's title describes. In the event there is a surviving spouse, the property rights are conveyed to them in a relatively seamless process. 

However, what if there are other persons to be considered? What if one of the spouses has children or grandchildren they want to convey their interest to? Then the home probably should be owned as community property by designating in the deed as "Community Property" or as "Husband and Wife".  If this is the optimal choice then the couple should provide by a will or by beneficiary deed who would inherit their respective one-half community property interest. 

Finally, careful planning may include providing for the distribution of the home by using a "Family Trust." 

As always, consult with your Attorney or Tax specialist for the best and easiest plan that is right for you and your family. There are many variables to be considered when determining who and how property is conveyed.  Doing nothing may put your property conveyance at risk of a lengthy legal process.  No one would benefit except for the attorneys.

Advantage Arizona cares about you and your family. We are here to assist you with evaluation of your home or other questions you may have concerning your Arizona homeownership.

Need specific questions answered about Arizona Title Laws?

Contact our friend and professional colleague, Judy Powell, Branch Manager and Certified Senior Escrow Officer for Chicago Title.

powellj@ctt.com