How the federal basis rule works for an inherited Phoenix home
Under the Internal Revenue Code (26 U.S.C. 1014(a)(1)), an heir's starting basis is generally the fair market value "at the date of the decedent's death." The IRS spells out what follows: sell for more than that basis and you have a taxable gain (IRS). In general, then, value the house gained before the death is not taxed when the heir sells, value it gains afterward is, and when a house had lost value by the time of death, the heir's starting basis sits below what the owner originally paid. The inheritance itself generally is not income to the heir, though rent the property later earns is taxable (Publication 525). The rule has exceptions, one more reason to have a tax adviser look at your facts.
Two refinements apply when an estate files a federal estate tax return:
- Alternate valuation date. An executor can choose a valuation date six months after the death instead, but only if that choice lowers both the value of the gross estate and the tax, and the election is irrevocable (26 U.S.C. 2032).
- Consistency. Where including the house increased the estate tax, the heir's basis cannot exceed the value finally determined for that tax (§ 1014(f)).
Heirs owe no federal inheritance tax, because there is none. The federal estate tax falls on the estate and is paid by the executor, and a return is required only above the filing threshold for the year of death, or when an executor files to elect portability. The IRS lists that threshold as $15,000,000 for the 2026 death of a U.S. citizen or resident (IRS). When a return is required, the Form 706 instructions put the due date 9 months after the date of death. Arizona adds no estate, inheritance or gift tax of its own.
Arizona community property and the full step-up
Arizona is on the IRS list of community property states in Publication 551 and Publication 555, and that matters for a married couple's home. Section 1014(b)(6) counts the survivor's one-half share of community property as property acquired from the spouse who died, so both halves may take a basis equal to their value at death. One condition applies: at least half of the whole community interest in the property must have been includible in the deceased spouse's gross estate, and according to Publication 551 it does not matter whether the estate has to file a return. Publication 555 notes one exclusion: the rule does not apply to registered domestic partners.
Publication 555 gives an example: community property with an $80,000 basis was worth $100,000 when one spouse died. Afterward the survivor's half has a $50,000 basis, and so does the half that passes to the heirs.
Only community property gets that treatment. Whether a particular Phoenix house qualifies depends on when and how it was acquired, how title was recorded with the Maricopa County Recorder and any agreement between the spouses, so confirm it with your tax adviser rather than assuming it. If the estate is probated, the inventory asks the same community-or-separate question about the house (A.R.S. § 14-3706).
The county's tax value is a different number
The Maricopa County Assessor's full cash value is a property-tax figure whose valuation date is January 1 of the year preceding the tax year (A.R.S. § 42-11001). The basis rule asks for fair market value on the date of death, and a tax-roll figure dated to a January 1 is not that value. Arizona's small-estate affidavit for real property does use the assessment-roll figure to test its $300,000 limit (§ 14-3971(E)), but that is a probate shortcut, not a basis value.
Have your tax adviser confirm the date and the treatment
Your CPA or attorney should confirm which date applies (the date of death or an elected alternate date), whether the community property rule reaches the house, and how the value will be used, before the report is ordered.
For a retrospective report, bring
- The date of death, and whether an estate tax return will be filed or an alternate date is under consideration.
- The recorded deed from the Maricopa County Recorder and the parcel number from the Maricopa County Assessor.
- Whether the spouses held the home as community property, as far as you know.
- Photographs, listings, inspection reports or invoices showing the home's condition at the date of death, and a list of later changes.
- The names of everyone who will rely on the report.
The Arizona sections on this page were written with AI assistance for Eagle Home Appraisal Phoenix.