Q: How do I foreclose a tax lien when the owner is deceased?
I buy tax lien certificates in the state of Arizona. I am familiar with the foreclosure process as I have been doing this a few years now but I have a new one, the owner is deceased. Do I still send all the necessary documents such as 'Intent to foreclose' to his mailing address even though I know his PO Box has been reassigned by now? Or can I just file all the court paperwork with a copy of his death certificate?
A:
When foreclosing on a tax lien where the property owner is deceased, the process can be more complex. In Arizona, you'll need to follow the state's probate laws in addition to the tax lien foreclosure procedures. Here are some general steps to consider:
1. Attempt to locate the deceased owner's legal representative, such as the executor of the estate or the administrator appointed by the court.
2. If you can identify the legal representative, send the "Intent to Foreclose" notice and other required documents to them.
3. If you cannot locate a legal representative, you may need to file a petition with the probate court to appoint a personal representative for the deceased owner's estate. This representative will receive the foreclosure notices on behalf of the estate.
4. If no estate has been opened, you might need to open a probate case yourself to have a personal representative appointed.
5. Once you have sent the required notices and waited the necessary time, you can proceed with filing the court paperwork for the foreclosure.
6. Include a copy of the death certificate and any relevant probate court documents with your foreclosure filing.
7. The court will then proceed with the foreclosure case, taking into account the deceased status of the property owner.
It's highly recommended to consult with an attorney specializing in tax lien foreclosures and probate law in Arizona to ensure you follow the correct procedures and fulfill all legal requirements specific to your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
