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.
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