If you have recently inherited a property in Phoenix, you have probably heard about the "Small Estate Affidavit." It sounds perfect. It’s cheap, you don't need a lawyer, and you can download it right from the Maricopa County Superior Court website. However, if filed incorrectly or prematurely, it can create a cloud on the title that restricts selling the property for up to 6 months.
The Law: A.R.S. § 14-3971(E)
The Arizona Revised Statutes are very specific. While you can transfer personal property (like cars or bank accounts) after just 30 days, real estate is different. The statute generally states that you cannot file the affidavit to transfer real property sooner than six months after the date of death.
The Nightmare Scenario
- Heirs find a buyer and sign a contract.
- They file the "Small Estate Affidavit" hoping to transfer title quickly.
- The Title Company flags the transaction because the 6-month statutory waiting period hasn't passed, potentially cancelling the sale.
We front the legal costs for probate.
IMPORTANT LEGAL DISCLAIMER:
Homebound Offers is a real estate investment company. We are principal buyers, not attorneys, financial advisors, or licensed real estate agents. The information presented in this article is for educational purposes only and does not constitute legal, financial, or tax advice.
Real estate laws, including eviction, probate, and foreclosure statutes, vary by location and are subject to judicial interpretation. Every property situation is unique. The next step for any legal action should always be to contact a qualified attorney to review your specific circumstances. If you need a referral to a local professional, we may be able to provide a list of independent contacts.