What Types of Property Transfers by Operation of Law?
Arizona law provides that certain interests in property transfer automatically by law. The most common types of property that pass from a decedent to other people or entities by operation of Arizona law are: • Property held by the owners as joint tenancy property; • Property held by the owners as community property with right of survivorship; and • Arizona real property subject to a valid beneficiary deed. When a decedent owns an interest in property as a joint tenant or as community property with right of survivorship, the decedent’s interest in the property passes automatically on the instant of death to the other joint tenant(s) or spouse, respectively, without the need for a probate. See A.R.S. 33-431.B & C. Example 3 – Joint Tenancy & Community Property with Right of Survivorship: Dick and Jane are married and hold title to their home as joint tenants with right of survivorship. When Dick dies, his entire interest in the home will pass automatically by operation of law to Jane, re
Arizona law provides that certain interests in property transfer automatically by law. The most common types of property that pass from a decedent to other people or entities by operation of Arizona law are: • Property held by the owners as joint tenancy property; • Property held by the owners as community property with right of survivorship; and • Arizona real property subject to a valid beneficiary deed. When a decedent owns an interest in property as a joint tenant or as community property with right of survivorship, the decedent’s interest in the property passes automatically on the instant of death to the other joint tenant(s) or spouse, respectively, without the need for a probate. See A.R.S. 33-431.B & C. Example 3 – Joint Tenancy & Community Property with Right of Survivorship: Dick and Jane are married and hold title to their home as joint tenants with right of survivorship. When Dick dies, his entire interest in the home will pass automatically by operation of law to Jane, re
