The words on your deed are an estate plan whether you meant them to be or not. Arizona recognizes several ways for two people to hold real estate, and under A.R.S. § 33-431, a deed to two or more people creates a tenancy in common, with no survivorship, unless survivorship is expressly declared. If nobody chose survivorship on purpose, the house may be headed to probate no matter what the will says.
Two deeds, two outcomes at the first death
Tenancy in common (the default)
The deceased spouse's share goes through their estate - which usually means probate before the survivor fully owns the home.
Survivorship title, expressly declared
The home passes to the surviving owner automatically. No court, no delay - record the death certificate and move on.
The two survivorship options
- Joint tenancy with right of survivorship (JTWROS): available to any two or more owners - spouses, siblings, partners. Under the statute, joint tenancy with right of survivorship must be expressly declared in the deed.
- Community property with right of survivorship (CPWROS): for married couples only - married couples can hold title as community property with right of survivorship, which pairs survivorship with community-property tax treatment.
Why married couples usually want CPWROS
The difference is federal tax treatment at the first death. Community property generally receives a full step-up in basis on the entire home - both halves - while joint tenancy steps up only the deceased owner's half. For a home that has appreciated for decades, that difference can be worth tens of thousands in capital gains if the survivor later sells. Same survivorship, better tax outcome: that is why CPWROS exists.
The limit both options share
Survivorship only answers the first death. When the surviving spouse passes, the home is in one name, and it needs its own route: a beneficiary deed or a living trust. Survivorship title pairs with those tools - it does not replace them. The full set: every route around probate.
Source
- A.R.S. § 33-431 (survivorship estates in Arizona real property) (full text, checked 2026-08-09)
Educational information only, not legal or tax advice. Title changes have tax and legal consequences - confirm with a licensed professional before re-deeding.