When someone passes away in Marana, their estate often goes through probate, which includes any rental properties they owned. If you are an heir, executor, or tenant in this situation, it’s important to understand what happens to rental properties during probate in Marana, Arizona.
Probate and Rental Properties: How It Works
Probate is the legal process of distributing a deceased person’s assets, including real estate, according to their will—or, if there isn’t one, according to Arizona law. Rental properties add another layer of complexity since they generate income and involve tenants.
Who Oversees the Property?
The court appoints an executor (if one is named in the will) or a personal representative. This person manages the rental property during probate, which typically includes:
- Collecting and recording rental income
- Paying property-related expenses such as mortgage, taxes, insurance, and repairs
- Handling lease agreements and tenant concerns
- Deciding whether to sell or transfer the property to heirs
What Happens to Rental Income?
Rental income doesn’t go directly to heirs right away. Instead, it becomes part of the estate and may be used to cover property costs, pay off debts, or later be distributed among beneficiaries after probate is finalized.
Can the Property Be Sold During Probate?
Yes. In many cases, heirs or the executor decide to sell the rental property during probate to simplify the process and avoid ongoing landlord duties. Depending on the case, court approval may be needed for the sale.
Challenges With Rental Properties in Probate
Managing a rental property in probate can be tricky. Common challenges include:
- Tenant Rights: Leases remain valid, and tenants cannot be forced out just because of probate.
- Maintenance Costs: Repairs and upkeep must continue, even while the property is tied up in probate.
- Heir Disagreements: Some heirs may prefer to keep the property as an investment, while others want to sell.
- Probate Delays: The process can take months or longer, which can slow down property decisions.
Navigating Probate in Marana
If you’re dealing with a rental property in probate in Marana, it helps to have guidance from a local real estate professional. An experienced Realtor can:
- Provide a fair market valuation
- Help with preparing the property for sale, if needed
- Coordinate with attorneys and courts during the process
- Offer insight into the Marana rental and housing market for the best financial decision
If you need help with a rental property going through probate in Marana, Ryan Comstock with eXp Realty can guide you every step of the way.
📞 Call Ryan at 520-261-4669
🌐 Visit www.ryancomstock.com