Q: Can I use a quit claim deed to assign my interest to my sister who is completing a small estate affidavit real property
Can I use a quit claim deed to assign my interest to my sister who is completing a small estate affidavit real property transfer. Our father is deceased and left no will. only us kids left. ARS14-3971 says only one can claim (no one else has an interest). The affidavit instructions say all other siblings must assign interest to whoever is making claim. If the so, should it be notarized. Or is this some other form that should/could be used. property is in Coconino county, AZ
A:
I think that you misunderstood the statute or the instructions are incorrect. More than one person can claim an interest by the transfer affidavit. If your father passed without a will, then his interest goes to his heirs by intestate succession. If no spouse, then to his surviving children in equal shares. If you wish to disclaim an interest, it can be written into the affidavit. A Quit Claim is not a good idea. Title companies do not like them and there are better ways to transfer or disclaim property.
You should consult a probate lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
