Small Estate Affidavit for personal property transfer (Superior: real estate, lawyer)

[CptnRn]

I expect that some of you here may have already gone through this, so I would appreciate any personal advice you can offer.

My family would like for my sister, who has been my mother's caretaker for years, to be able to have all of Mom's personal property, especially her car. I have read that in Arizona this can be done using a "Transfer of Estate by Affidavit" form. SSC: Transfer of Small Estate by Affidavit

According to that form one of the conditions of doing that is:

"If there are people with equal or greator right than you to the property, they have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit."

The whole purpose of going this route is to avoid legal fees and probate costs to settle Mom's small estate.

Does anyone know if the documents we sign to assign all of ours interests in Mom's personal property needs to be of any particular format? Will a simple letter do or does it need to be notarized and have any special language included in it? Any experiences you can share will be appreciated.

Thanks...

[jamies]

I haven't used it, but it allows probate bypass for estates with under $75,000 in personal assets and/or $100,000 in real estate.

Many people of greater means can use this by titling real estate and high value assest/bank accounts into trust.

If your mother is still alive she can retitle the car using a "beneficiary" title. (Not sure the exact name . The DMV has the form, there's a minimal filing fee. Upon death the beneficiary just retitles the car again. If she has already passed there is a DMV proceedure that I can't recall offhand. I think you just take the notarized/filed small estate papers. The DMV site has the info online I think.

Regarding the assignment of interest, I would use a court style "pleading paper" and format to the extent possible. "In Re the Estate of ---". " I, so and so, hereby release any and all rights I may have aquired to this estate, and specifically including the following property. (Car, etc.)

Yes, sign with a Notary.

PS I'm not a lawyer nor have I stayed at a Holiday Inn. You should ask a real lawyer. They are licensed and trained to give bad/incorrect advice.