If a loved one passes away owning a short-term rental property in Tucson—such as an Airbnb—the situation can quickly become complicated. These properties are often income-producing assets with active bookings, tenants, and operational considerations. So, what happens to them during the probate process?
Understanding Probate in Arizona
Probate is the legal process through which a deceased person’s assets are distributed, either according to their will or, if there is no will, according to Arizona’s intestate succession laws. Until the probate court appoints a personal representative (also known as an executor), no one has the legal authority to make decisions about the estate—including any Airbnb or short-term rental properties.
Can the Property Still Operate as a Rental During Probate?
Yes, but it depends. If the property is already being managed by a third party (such as a property management company), operations may be able to continue, but this must be reviewed and approved by the personal representative once appointed. If the deceased managed the property themselves, there may be delays or cancellations until someone is legally authorized to take over.
Key Considerations for Short-Term Rentals in Probate
- Appointment of a Personal Representative
The court must appoint someone to handle the estate. Once appointed, that person can legally manage, maintain, or pause the short-term rental business. - Managing Active Bookings
Future guests may need to be contacted if bookings need to be canceled or modified. Platforms like Airbnb have cancellation policies, but reputational and legal concerns may arise if bookings are ignored. - Rental Income
Income generated during probate typically becomes part of the estate. It can be used to cover maintenance costs, taxes, and other expenses related to the property. - Compliance with Tucson Ordinances
Tucson has regulations for short-term rentals, including registration and compliance with zoning laws. It’s essential that the property remains in compliance during the probate process to avoid fines or penalties. - Decision to Keep or Sell
Once probate is underway, heirs or beneficiaries may choose to:- Continue operating the Airbnb
- Convert it to a long-term rental
- Sell the property outright
Why You Need a Realtor Familiar with Probate and Short-Term Rentals
Navigating the complexities of probate is challenging enough—but when a short-term rental is involved, the situation requires real estate expertise and local market knowledge.
That’s where Ryan Comstock, an experienced Tucson Realtor, comes in. Ryan understands both probate real estate and the unique challenges of managing or selling short-term rental properties in Southern Arizona.
📞 Contact Ryan Comstock Today
Phone: (520) 261-4669
Website: www.ryancomstock.com
Whether you’re managing a property during probate or considering selling an inherited short-term rental, Ryan can help you navigate the process smoothly and efficiently.