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Probate and estate sales

Selling a home in probate, with clear steps and steady communication.

When a property owner passes away, the home often has to be sold before the estate can be settled. We work with personal representatives, heirs, trustees, and their attorneys to prepare, list, and close estate property across the Phoenix area.

First conversation

Free, no obligation

Your attorney

Always included

Out of state family

We coordinate locally

The basics

How probate affects a home sale in Arizona.

When probate is needed

A home titled only in the name of the person who died usually cannot be sold until someone has legal authority to sign for the estate. In Arizona that authority normally comes from the court appointing a personal representative.

When it may not be

A home held in a living trust, owned jointly with right of survivorship, or covered by a beneficiary deed recorded before the owner’s death generally passes outside probate.

Source: A.R.S. § 33-405

Smaller estates

Arizona allows an affidavit in place of probate when the equity in all of the person’s Arizona real estate is $300,000 or less, at least six months have passed since the death, and other conditions are met.

Source: A.R.S. § 14-3971

How we handle an estate sale

From authority to sell through closing.

Authority

Confirm who can sign

We review the letters of appointment, trust, or affidavit with you and your attorney before the home goes on the market.

Value

Establish value

A broker price opinion with comparable sales, so the personal representative and heirs can agree on a list price.

Prepare

Secure and prepare

Locks, utilities, and a check on vacant home insurance. We coordinate clean out and only the repairs that are likely to pay for themselves.

Market

List and report

ARMLS listing and regular written updates that can be shared with heirs and counsel.

Close and document

Escrow and title coordination, with sale proceeds paid to the estate and a file for the estate’s records.

Who we are to you

Our role, stated clearly.

UrbanCiti Realty is a real estate brokerage. We are not a law firm and we do not give legal or tax advice. When we list estate property, our client is the person with authority to sell, usually the personal representative or trustee, and we confirm that in writing before any work begins.

If the estate has an attorney, we work alongside them and follow their direction on anything that touches the probate case. If it does not, we suggest speaking with one before the home is listed.

Authority and timing

Three rules that shape most estate sales.

Topic	General rule in Arizona	Source
Authority to sell	A personal representative may generally sell estate real estate without a separate court order, unless the will or a court order limits that power.	§ 14-3715
Creditor claims	Creditors generally have four months from the first published notice to present claims against the estate.	§ 14-3801
Time to open probate	Probate generally must be started within two years of the death, with limited exceptions.	§ 14-3108

These are general rules from the Arizona Revised Statutes and they have exceptions. How they apply to a particular estate is a question for the estate’s attorney.

Senior transitions

Planning a move later in life?

A dedicated senior transitions resource is on the way.

Downsizing, moving closer to family, or moving into assisted living each bring their own decisions about the home. We are building a separate website devoted to helping seniors and their families through those moves. Until it opens, we are glad to talk through your situation directly.

Ask about senior transitions →

Common questions

What families ask us most.

Short answers to get you oriented. Your attorney is the right person for questions about the probate case itself.

Can the home be sold before probate is finished?

Often, yes. Once a personal representative has been appointed, they can generally list and sell the home while the estate is still open. The sale proceeds are paid to the estate and are distributed later, under the will or Arizona law.

Do all of the heirs have to agree to the sale?

The personal representative usually has the authority to sell without every heir signing. In practice, sales go more smoothly when heirs are kept informed, and we provide written updates you can share. Disagreements among heirs are a matter for the estate’s attorney.

What if there is a mortgage, or the payments are behind?

The loan does not go away when the owner dies, and a lender can still foreclose if payments stop. If the home is worth more than what is owed, a sale pays off the loan at closing. If it is worth less, a short sale may be possible, which is work we do regularly.

The house is full of belongings. Where do we start?

Start with what the family wants to keep. We can then coordinate clean out, donation, and estate sale vendors, and we wait for direction from the personal representative before anything is removed.

We live out of state. Can you handle this for us?

Yes. We can meet vendors at the property, send photo and written updates, and most documents can be signed electronically or with a mobile notary where you live.

Is there a cost for the first conversation?

No. The first conversation is free and carries no obligation to list with us.

Sources and limits

Reviewed October 2026

UrbanCiti Realty is a licensed Arizona real estate brokerage. We are not attorneys and do not provide legal or tax advice. This page is general information and may not reflect the most recent changes in the law. Consult a licensed attorney about a specific estate.

Statutes referenced on this page: A.R.S. § 14-3971 (small estate affidavits), § 14-3715 (powers of a personal representative), § 14-3801 (notice to creditors), § 14-3108 (time limit to begin probate), and § 33-405 (beneficiary deeds).

Tell us about the estate property.

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