Q: How can I obtain proof that heirs do not want a tax-liened property in Arizona before foreclosure?

A: To satisfy the judge’s request for proof that none of the heirs want the property, your best course is to directly serve each known heir with a written inquiry or waiver. This should state clearly that you are proceeding with a tax lien foreclosure and that, unless they wish to contest or assert interest, they may sign and return a disclaimer or waiver of interest in the property. Include a deadline—preferably before your August 1, 2025 hearing—and retain proof of mailing or service.

If you do not have the names or contact information for the heirs, you may need to petition the court for permission to serve them by publication or request limited discovery to compel the Executor to disclose their identities. Since the Executor has already failed to respond meaningfully, documenting that you attempted to follow up after the March 15 call adds weight to your position. Keep a log of every communication attempt, certified mail receipts, and any returned or unclaimed correspondence.

If no heirs respond after reasonable notice and attempts to obtain consent, you can file an affidavit of non-response or inability to obtain affirmative disclaimers, supported by the record of your efforts. This will demonstrate that you acted in good faith and gave the heirs a fair opportunity. The court does not expect miracles—only diligence, fairness, and compliance with procedure. You’ve already taken the hard steps. Now gather and present your efforts in a clear, respectful, and complete record for the court.