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In addition, life estates allow the owner to control the property in all respects, except that they cannot sell or mortgage the property without the consent of their heirs. If created in a timely manner, a life estate can even help its creator qualify for Medicaid assistance.
To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the recorder's office. No probate is necessary. Use Nolo's Quicken WillMaker to make a beneficiary deed or transfer on death deed in any state that allows it.
In Arizona, the surviving spouse will always receive 50% of the decedent's estate; the remaining 50% usually passes to the surviving spouse as well, unless the decedent has any children from a separate relationship. In that case, the remaining 50% would be given to the decedent's other children.
A Proof of Authority is a statutory based mechanism whereby a ?foreign? personal representative (foreign meaning, the personal representative was granted executorships powers in a State other than Arizona) may petition the Arizona probate court to exercise its foreign powers.
In Arizona, real estate can be transferred via a Beneficiary Deed, more commonly known as a TOD deed. This deed allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.