How do you sell an inherited home in Scottsdale, Arizona?

You sell it once the person who signs the paperwork has the legal authority to sell, and getting that authority in order comes before anything about the house itself. Depending on how the home was owned, that person is a personal representative the court has appointed, a trustee named in a trust, or the heirs after the title has been cleared. Which one applies is a question for a probate attorney, and I'd ask it before the house is cleaned out or listed.

I'm Jen Keene, a REALTOR® with eXp Luxury in Scottsdale, AZ, and I'm the agent people call at every stage of their life. If you're reading this because someone you love has died and you're now responsible for their house, I'm sorry, and you don't have to figure all of it out this week. I've put together what Arizona's probate and trust statutes, the Arizona courts' self-help pages, the IRS and the insurance industry say, with the source named next to each fact.

This is general information, not legal or tax advice, and every estate is different. A probate attorney can tell you what applies to yours, and a CPA can tell you about the tax side. I checked each source on November 7, 2026.

It depends on how the home was owned when the person died, and there are three common answers. If the home goes through probate, the court appoints a personal representative, and that person signs for the estate. If the home was held in a trust, the trustee signs, and the trust document and Arizona's trust law set out what the trustee can do. And if there's no court case at all, the heirs sign once the title has been cleared in their names, which for a small estate can sometimes be done with an affidavit instead of a full probate.

The reason the paperwork comes first is that a buyer and a title company need to see that the person selling is actually allowed to. A listing photo and a price can wait for that. The authority can't be skipped or guessed at, and it's the part I'd have a probate attorney confirm in writing for you.

A personal representative is the person who manages a deceased person's estate, and under Arizona's probate code, the representative's duties and powers begin on appointment (A.R.S. 14-3701). The court's proof of that appointment is called Letters of Personal Representative. The Maricopa County Superior Court's form reads that the named person "is appointed as Personal Representative of this Estate without restriction except as follows," which means the Letters can carry restrictions, so it's worth reading what yours say.

Once appointed, the representative generally can sell estate real property. Arizona's statute lists the power to sell property of the estate for cash or credit (A.R.S. 14-3715), and says the representative has the same power over title to estate property that an absolute owner would have, and can use it without a court hearing or approval (A.R.S. 14-3711). That power is subject to the will, to any restrictions in the court's orders, and to the representative's duty to act for the estate's creditors and the people who inherit. Whether your estate needs anything extra before a sale is something the probate attorney will tell you.

A person named in a will doesn't have a personal representative's powers until the appointment happens, because the statute starts those powers on appointment. That's why the first call is usually the attorney and not the listing agent.

Then there's usually no court appointment to wait for, and the trustee signs. Arizona's trust code says a trustee can use the powers the trust document gives, plus the powers in the statute, without court approval (A.R.S. 14-10815), and it lists selling trust property, for cash or on credit, among them (A.R.S. 14-10816). The trustee still has to act in the beneficiaries' interest, and the trust document can limit what the trustee may do.

The differences that matter for a seller are who signs and what proof the title company will want. A home in probate needs the court's Letters, and a home in a trust needs the trustee's authority documented. I've written about how to sell a house that's held in a trust in Arizona, including what to check about how the deed is titled. A trust only controls the home if the home was actually put into it, so that's the first thing I'd have the attorney confirm.

Then the heirs may be able to clear the title themselves. Arizona's probate code says a person's property passes at death to the people named in a valid will, or to the heirs if there's no will, subject to administration (A.R.S. 14-3101). The Arizona courts' self-help page says that for a small estate, you may be able to file an affidavit for transfer of title to real property, and that a larger estate may qualify for informal probate.

Arizona's statute puts conditions on the affidavit, including limits on the value of the property, a requirement that debts and expenses be paid, and a requirement that the person signing be entitled to the property (A.R.S. 14-3971). I'm not going to quote the limits, because the court's page and the statute I read don't match each other, and the attorney or the court clerk can give you the current ones. If you think your family's situation might fit, ask about it first, since it can change what the sale looks like.

Stepped-up basis is the idea that when you inherit a home, your tax basis in it is generally its fair market value on the date the person died, instead of what they paid for it. The IRS says so in Publication 551, in the section on inherited property, and again in Publication 523, which says your basis is the fair market value of the property on the date of the decedent's death. The federal statute, section 1014 of the tax code, says the same thing for property acquired from a decedent.

All three also describe exceptions. The estate's representative can elect an alternate valuation date, and there's a special rule for appreciated property that you or your spouse gave the person within a year of their death, so your own situation may not follow the general rule. The basis is what a gain is measured from when the home sells, which is why it matters before you list. I've written about capital gains when you sell a home in Arizona, and a CPA is the person who can tell you what applies to this home, including what the date-of-death value was and how to document it.

Start with the insurance. The Insurance Information Institute (Triple-I) says most homeowners policies have a vacancy clause that limits or excludes coverage after a home has been unoccupied for a period, and it describes a claim for a burst pipe in a long-vacant home that was denied because of it. The National Association of Insurance Commissioners (NAIC) says vacant or unoccupied homes can leave the homeowner exposed to loss and liability. Call the insurance company, tell them the owner has died, ask how they define vacant and when coverage changes, and ask whether they'd write a policy for an empty home. The sources I read give different lengths of time, so the policy wording is what counts.

Triple-I's guidance for an empty home also includes keeping the heat on in winter, shutting off the water or winterizing the plumbing, securing doors and windows, and having someone check on the home regularly. So decide with the insurance agent which utilities stay on, and who is going to look in on the house.

Then the keys and the belongings. Find out who has keys, and write it down. Arizona's probate code says the personal representative takes possession or control of the decedent's property (A.R.S. 14-3709), so before anything is thrown out, donated or divided up among family, check with the representative or the attorney, since the belongings are part of the estate. Once that's settled, I can help you sort what to keep, what to donate and what to take out before a sale.

Yes. The Arizona Department of Real Estate's Buyer Advisory says a seller's disclosure obligation remains even if the buyer and seller agree that no Seller's Property Disclosure Statement will be provided. If you're selling a home you never lived in, I'd talk to the attorney about how to answer the questions, and tell the attorney and me everything you know about the house, including anything you've heard from family. I've covered what the form asks in what you have to disclose when you sell a house in Arizona.

Call a probate attorney first, because the attorney is the one who can tell you whether the home is in probate, in a trust or neither, and what paperwork you need to sell. Call a CPA before the house is listed, for the basis and any tax questions. After that, call me. I'll walk you through the sale itself, and once the authority is clear, I'll work with the attorney, the title company and your family so that the house is ready when you are.

You can get in touch or call me at (480) 203-6605. If you want the overview of how I work with estates and trusts, it's on my probate and trust page. There's no hurry to decide anything today, and a first conversation is only that.