Our Mom passed away in 2011
Three Children living in three different states
Real Property value, using AZ guidelines is <$75,000.00
Title in her name only
Mortgage is current, held by seller who is very understanding.
Have a buyer!!
My siblings want me to handle everything.
I've downloaded the "Small Estate Affidavit" packet from the AZ Superior court website.
What document can we use, that the court recognizes, that allows my siblings to assign their rights to me?
Do I have to file the Affidavit with the Court in person? I live in WA.
Any guidence would be appreciated.
Estate Planning Attorney
Make sure you download the Small Estate Affidavit to Transfer Title of Real Property for the county where the property is located. Be sure you also download and complete the probate cover sheet for the appropriate county. The document that allows your siblings to transfer you their interest is called a disclaimer or assignment of inheritance interest or something else along those lines. The court does not have a downloadable form for this.
I have not tried to file something out of state, but the court will want the originals, including the certified copy of the death certificate. You may be able to hire a courier service remotely and send them the documents to file for you. Be sure they wait at the court to get the certified copy of the Affidavit to record with the county recorder.
If you need assistance please feel free to call me at (602) 633-1004. I regularly handle these matters for my clients.
I am licensed to practice law in the State of Arizona. My practice focuses primarily on estate planning, probate and business law. The answer above does not create an attorney/client relationship. This answer should be considered as only educational in nature and does it constitute legal advice (ie. the application of the law to a specific set of circumstances). Often a question does not include all important facts which could materially change the answer to the question if all of the facts were known. The information provided above is not a substitute for competent legal advice from a licensed attorney. You should consult with a lawyer in your state to discuss the application of the law to your specific set of circumstances. If you would like more information about this topic or further information about this question, please contact me at Moshier & Neal, PLC, 3001 East Camelback Road, Suite 130, Phoenix, Arizona 85016, (602) 633-1004 or www.azcalaw.com
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I would strongly recommend that you allow Attorney Neal to assist you with this. That will guarantee that you have no problems down the road and that the transaction is handled properly.
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Family Law Attorney
If you are a child and your parent did not have a surviving spouse, you qualify to file the affidavit with the other siblings' consent.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
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