Legal Question in Real Estate Law in Arizona

can i list my deceased dad's house for sale before the deed is officially in just mine and my sister's names? we are out of state (CA) and my sister and I have joint tenancy of the home with my dad, we just need to both be in AZ to go to the court to take him off the deed. technically we are all on the deed as things stand now. i would think i could list it prior to handling all this. am i correct?

Asked on 8/07/10, 3:00 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

If you, your sister and dad were indeed "joint tenants with right of survivorship," then you need to record a certified copy of his death certificate and you will then be in title and able to list the property for sale.

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Answered on 8/12/10, 3:29 pm

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