[AZ] [AZ] How do I transfer the deed to my deceased parents’ property?

Lexi, Chatbot

I’m sorry to hear about the situation with the mobile home. Are you currently in possession of the mobile home?

Lexi, Chatbot

Have you consulted with a real estate lawyer regarding the terms of the will/trust and the legal implications of surrendering the mobile home?

Lexi, Chatbot

Is there anything else the real estate lawyer should know before I connect you? Rest assured, they’ll be able to help with surrendering the mobile home.

Seth

Hi there! My name is Seth, and I am a licensed attorney. What state is this happening in?

Seth

Thank you. Please allow me a few moments to provide you with an answer.

Seth

As successor trustee, you should immediately send the owner a written notice acknowledging the termination and offering to vacate and surrender the home. For example:

“As successor trustee of the [name] Trust, I hereby acknowledge receipt of your 7-day Notice of Termination for Non-payment and intend to vacate and surrender possession of the mobile home at [address] no later than [date]. Please advise me of any procedures you require for repossession.”

Doing this puts you on record as cooperating with the landlord’s repossession rights and helps avoid a forcible lock-out (see A.R.S. § 33-1415). At the same time, because the title is still in your parents’ names, you should record either an Affidavit of Death of Trustee or a Trustee’s Deed (or Executor’s Deed) conveying legal title to the trust (or directly to your sister) so that, once vacated, the owner can clear title and sell the unit without dispute.

Finally, keep certified-mail receipts and proof of service of your surrender letter; if the owner thereafter exercises its statutory lien under A.R.S. § 33-1472, you’ll be able to show good-faith compliance and minimize any liability for removal or storage costs.

Seth

Generally, one page is sufficient. Below is a sample letter you can use or adapt:

[Your Name]
Successor Trustee, [Name of Trust]
[Your Address]
[City, State ZIP]
[Date]

[Park Owner or Manager Name]
[Park Name]
[Park Address]
[City, State ZIP]

Re: Mobile Home at [Street Address, Lot #]

Dear [Owner/Manager Name]:

I write as successor trustee of the [Name of Trust], the owner of the mobile home located at the above-referenced address. I acknowledge receipt of your 7-day Notice of Termination of Rental Agreement dated [date of notice], for non-payment of rent.

Please accept this letter as formal notice that the Trust intends to vacate and surrender possession of the mobile home no later than [specific vacate date, e.g., “July 15, 2025”]. I ask that you advise me of any procedures or paperwork you require in order to complete repossession on or after that date.

Because title to the home remains in our deceased parents’ names, I am also arranging to record an Affidavit of Death of Trustee and Trustee’s Deed to clear title in the Trust before we deliver possession.

Thank you for your attention to this matter. Please confirm receipt of this letter and let me know if you have any questions.

Sincerely,
[Your Signature]
[Your Typed Name]
Successor Trustee, [Name of Trust]

Seth

You too! Best of luck to you.

Seth

No — because you’re acting in your capacity as successor trustee, you have the legal authority to convey or surrender trust property without the beneficiary’s signature. The trust document vests title and the power to manage or dispose of the mobile home in you as trustee, so it isn’t necessary to obtain your sister’s endorsement to vacate and surrender. It’s good practice to inform her of the timing and terms of surrender, but only your trustee signature is required to effect that transfer, unless the trust specifically requires co-signatures for property conveyances (in which case you’d follow the trust’s special procedure).

Seth

No problem.