Tucson, AZ asked in Civil Litigation, Probate and Small Claims for Arizona

Q: How long must we wait for property be released after completing a Small Estate Affidavit in Arizona?

We completed a Small Estate Affidavit for a storage unit facility refuses to grant access to the unit for 2 months. They claim they have to "verify" the Affidavit before allowing the heir any access to the property. It has been weeks, but still no access granted. How long can they take to complete their "process to verify the affidavit" before they must release the property? They keep charging monthly rents, and are placing the unit up for auction this month, very soon. The decedent listed us as persons with access before she died. We tried to pay the bill, but were told we still could not have access to the property in the unit until they completed their process. How much time are they allowed to hold the property after receiving the affidavit?

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.

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