Joint Tenancy with Right of Survivorship

  • Available for single as well as married persons.

  • Available to more than two joint tenants.

  • Upon the death of any joint tenant, the decedent's interest passes to the remaining join tenant(s) without need for probate.

Community Property

  • Available for married couples only.

  • Both of the spouses are required to convey or encumber.

  • Decedent's share of the estate will be subject to probate.

Community Property With Right of Survivorship

  • Combines the advantages of Joint Tenancy with Right of Survivorship and Community Property for married couples.

  • Does not require probate upon death of one of the spouses in the estate, it passes to the surviving spouse.

Tenancy in Common

  • Allows more control of individual interests in the property.

  • Each tenant holds an undivided fractional interest, which may be disproportionate.

  • Available for all persons.

  • Allows each tenant to convey their interest in the property without destroying the estate.

  • Upon death the decedent's share will be subject to probate.

This is a brief summary of the estates currently available for individuals in the State of Arizona. Arizona is a community property state and property acquired by a husband and wide is presumes to be community property unless otherwise specified. This is not legal advice and the decision on how to hold title has substantial legal, economic, and tax ramifications. We recommend you consult and attorney or other qualified professional for advise on how to hold title.

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