[AZ] How do I establish myself as a successor in interest with a mortgage company so I can sell my deceased aunt’s home?

Lexi, Chatbot

I'm sorry to hear about your aunt's passing; that must be a difficult situation for you. Have you already started the probate process for her estate?

Lexi, Chatbot

Are you currently listed as an heir or beneficiary in her will or estate documents?

Lori

Hey there! I'm Lori, an attorney with many years of experience, and I'm here to help you. I understand you're trying to get a successor of interest for the mortgage company to sell your aunt's home.

1. What state is the property located in?
2. Are you the only one on title to the property?

Lori

Are you the only one on the deed? Or is your aunt also on the deed?

Lori

Understood. Thanks for the information. Please give me some time to review/do some research and to draft my personalized response. I will get back to you as soon as possible.

Lori

If you are the only person on the recorded deed, you are the legal owner. (AZ Rev Stat § 33-401) That means:

1. You can sell the home
2. You can sign the listing agreement
3. You can sign the purchase contract
4. You can sign the deed to the buyer

No probate is required as long as the deed was recorded while your aunt was alive. This is the key point.

Why the mortgage company is asking for “successor in interest”
Mortgage companies don’t determine ownership — the county recorder does. But when the borrower dies, federal law requires lenders to update their records so they can legally talk to you and give you payoff information. To do that, they need:

1. A copy of the recorded deed showing you as owner
2. Your aunt’s death certificate
3. Your ID

Once they have those, they will mark you as the successor in interest, and you can sell the home normally.

One thing you MUST confirm
Was the deed transferring the home to you recorded before your aunt passed away? Because:

• If yes: You already own the property outright. No probate. No affidavit. No court. You can sell immediately.
• If no (recorded after death): The deed is legally void, and you would need a small-estate affidavit or probate to fix title before you can sell. (AZ Rev Stat § 14-3101)

Lori

Arizona calls this document: “Affidavit for Transfer of Real Property Title”

Lori

You are not. Her estate is liable for the taxes and mortgage.

Lori

Not if the deed is null and void.

Lori

If the deed transferring the property to you was recorded after your aunt passed away, it might be considered legally void. This means that, in the eyes of the law, the property hasn't officially transferred to you yet.

Until the title is legally cleared through a small estate affidavit or probate, the estate is technically responsible for the property taxes and mortgage. Once the title is legally in your name, you would then be responsible for these payments.

Was your mother on title to the property as a joint owner at the time your aunt passed?

Lori

Yes, a title search will show the chain of title. If your aunt was the only one on title at the time she passed, it automatically went to her estate. The property could not be transferred by deed by your mother. It can only be transferred by the estate via a small estate affidavit or by probate.

Lori

Yes, that's recommended. You're welcome! Good luck with everything, and take care!