Posted on: 29th Mar, 2010 11:52 am
My father passed away less than two months ago in Arizona. Hi estate is less than 40,000.00, this includes the house, autos and a small amount of money. I have read that because it's is a small estate that I do not have to file probate on it. I am his daughter and excutor of the will.
My second question is that the house was left to me and I would like to relinquish my rights to it and give it to my brother. What do I need to do?
My second question is that the house was left to me and I would like to relinquish my rights to it and give it to my brother. What do I need to do?
Hi dee,
In Arizona if the total value of the assets, less liens and encumbrances, left by a person is $50000 or less, the inheritors can skip the lengthy and expensive process of probate. Since your father's asset is valued at around $40000, you can claim the property through a simple affidavit.
You can simply prepare a short document mentioning that you are entitled to get a certain property. You will have to sign this document under oath and it will be considered as an affidavit. Once the person or institution holding the asset receives this affidavit along with the death certificate of your father, the property will be released.
Alternatively, as an executor of the will you can also file a written request with the local probate court to allow a simplified probate procedure since the estate is small.
In Arizona if the total value of the assets, less liens and encumbrances, left by a person is $50000 or less, the inheritors can skip the lengthy and expensive process of probate. Since your father's asset is valued at around $40000, you can claim the property through a simple affidavit.
You can simply prepare a short document mentioning that you are entitled to get a certain property. You will have to sign this document under oath and it will be considered as an affidavit. Once the person or institution holding the asset receives this affidavit along with the death certificate of your father, the property will be released.
Alternatively, as an executor of the will you can also file a written request with the local probate court to allow a simplified probate procedure since the estate is small.
To dee,
You can sign a quit claim deed to relinquish your rights to the property. You need to sign the deed as a grantor and transfer the ownership rights to your brother (the grantee). Once the deed is signed, get it notarized and recorded with the county recorder's office. This will remove you from the property deed while putting your brother's name on it.
You can sign a quit claim deed to relinquish your rights to the property. You need to sign the deed as a grantor and transfer the ownership rights to your brother (the grantee). Once the deed is signed, get it notarized and recorded with the county recorder's office. This will remove you from the property deed while putting your brother's name on it.