Community Property, death intestate

[John Se]

What is the name of your state? Arizona
For my Mother in Law: My MIL lives in a house owned by her mother and father. Her father died intestate (no will) house is held as community property. Does the asset need to be probated before the house can be sold? Or does My MIL have an interest in the House?

 

[divgradcurl]

For my Mother in Law: My MIL lives in a house owned by her mother and father. Her father died intestate (no will) house is held as community property. Does the asset need to be probated before the house can be sold? Or does My MIL have an interest in the House?

How EXACTLY was the title held between your MIL's mother and father?

If the title was "community property with rights of survivorship," no probate is necessary -- MIL's mom will get the house, and simply needs to file an affadivit of survivorship with her local courthouse. You can check the website for your county court to find the proper paperwork.

If the title was simply "community property," then the house will be divided via AZ'a intestacy laws, and will need to go through probate. MIL's mom will get 3/4 of the house (her 1/2 interest in the house + 1/2 of her late husband's 1/2 interest in the house), the final 1/4 will be divided equally amongst the other heirs, which would most likely be your MIL and any siblings of your MIL.

Again, you can find the proper procedures and paperwork at your county courthouse, and probably on the website of your county courthouse.

 

[John Se]

Verbatim from deed:

AZ, Deed was executed in 1958, listing only
Gene and Orville as co owners. No survivorship noted. My mother who has been in the escrow & title ins business for 30 years said that means "community property"

 

[divgradcurl]

For my Mother in Law: My MIL lives in a house owned by her mother and father. Her father died intestate (no will) house is held as community property. Does the asset need to be probated before the house can be sold? Or does My MIL have an interest in the House?

Then it needs to go through probate. Check with your county court to determine the proper procedures and paperwork you need to do, or hire a probate attorney to handle it for you.

 

[seniorjudge]

AZ, Deed was executed in 1958, listing only
Gene and Orville as co owners. No survivorship noted. My mother who has been in the escrow & title ins business for 30 years said that means "community property"

How could that titling be considered "community property" when no relationship was listed on the deed?

 

[John Se]

interpreted as community property

since the deed is from 1958, I have been told that is interpreted as community property i.e. 50/50. SeniorJudge: how would you interpret it???
thanks
JLS

 

[seniorjudge]

since the deed is from 1958, I have been told that is interpreted as community property i.e. 50/50. SeniorJudge: how would you interpret it???
thanks
JLS

For my Mother in Law: My MIL lives in a house owned by her mother and father. Her father died intestate (no will) house is held as community property. Does the asset need to be probated before the house can be sold? Or does My MIL have an interest in the House?

Is her mother still living?

If not, then how does she think she owns the land?

Does she have any document that says she owns the land?

Community property has nothing to do with parent-child relationships.

 

[divgradcurl]

since the deed is from 1958, I have been told that is interpreted as community property

Was the house purchased before or after the mom and dad were married?