8.8.7

PROBATE (ESTATE)

Effective Date: March 02, 2026 Review Due: March 02, 2028

Summary of Changes

No changes needed per the two year review.

Purpose

To provide guidelines for the transfer of a Certificate of Title (title) for a vehicle or mobile home involved in the administration of the estate of a deceased person.

Authority

Two Year Review, A.R.S. ยงยง 14-1201, 14-3717, 14-3971, 14-3972, 14-5602 and 28-2060.

Policy

  1. A certified copy of the court order appointing the personal representative(s) or Decree of Distribution and a lien release (if applicable) is required.

  1. The Decree of Distribution must name the personal representative(s) and include a list of property to be distributed. A court appointed personal representative may sign ownership documents for the disposition of property belonging to a deceased person. When there is more than one personal representative, all must sign, unless otherwise specified.

  1. The list must specify the vehicle/mobile home by make and model year. In cases where two or more vehicles/mobile homes (with the same make and model year) are listed, the Vehicle Identification Numbers (VIN) must be included to ensure the correct assignment of the vehicles/mobile homes.

  1. The title of record must be in the name of the deceased person. When the title or Title Transfer Bill Of Sale, form #38-1306, has been assigned to the deceased person as the buyer, the personal representative must obtain a title in the name of the deceased person before ownership can be transferred to the successor. When the title is in a company name, incorporated or not, the court order must state that the personal representative is authorized to dispose of the company property.