Is a Assignment of Inheritance Interest form required in a small estate for property title transfer? If so where can I find one?

Asked about 1 year ago - Phoenix, AZ

Hi I am looking to complete a small estate transfer of title a real property here in Arizona. All of the other parties with interest (the child's father) and siblings are willing to sign their assigned estate interests to me as the deceased’s mother. After filing out the Affidavit for Transfer of Title of Real Property, am I required to now have an assignment of inheritance prior to my submittal to the Probate Registrar? If so where can I find a copy of an assignment of inheritance interest form, and do the required parties need to have it notarized? Thank you very much for any information provided as I am trying to have the transfer of the title of the real property completed as soon as possible.

Attorney answers (3)

  1. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . The probate clerk in Maricopa County is extremely helpful and will probably know if the disclaimers need to be recorded as well as attached to the Affidavit.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  2. Michael Leo Potter


    Contributor Level 19


    Lawyers agree

    Answered . It seems you are putting the cart before the horse. Has the Probate been closed? If not, I'd recommend you work with a Probate attorney to get this done in an efficient, lawful and expedited manner. See Avvo.Com under Find-A-Lawyer and enter Probate / Phoenix AZ. Good Luck!

  3. Jerry E Shiles

    Contributor Level 14


    Lawyer agrees

    Answered . This is a very state specific question and needs to be addressed by an AZ lawyer. I recommend you go the AAEPA website and locate a qualified law firm in your area to assist you. It doesn't appear as if the cost will be significant, and the protection will be worth significantly more.

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