Legal Question in Wills and Trusts in Arizona

Affidavit for transfer of real property

Affidavit will be filed by the estate's personal representative. There are 3 surving daughters. Not sure how to answer as the representative is filing the form. Two questions:

1) On line 3 of the form should the ''relationship'' line be the daughters name or the personal representtaives?

2) On line 10, which box should be checked:

a) Box #4: I am a living child of the person who died, and there is no living spouse, or,

b) Box #6: The person died without a will and the people with equal or greater right than I have to the property have assigned their entire interests in the estate to me....


Asked on 7/07/09, 1:16 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Affidavit for transfer of real property

It depends upon the value of the real estate to determine if you can use the affidavit form for small estates. At the Maricopa County Superior Court, Self service center, you can get instructions online which will tell you how to fill out the form. The other heirs must give you a written statement which verifies that they have disclaimed any interest they may have in the estate or assigned their interests to you.

In order to avoid costly problems later, you would be well advised to get the advice of an attorney so that you do things now correctly and get good title to the property.

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Answered on 7/07/09, 9:30 pm


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