Transfer of small estate by affidavit

My mother passed away a few years ago in a small town in Arizona. She had a will which left all her assets to be equally divided among all five children. I was designated executor in the will. No action has ever been taken with probate court. Her personal property value was less than $25,000 and the heirs split it up agreeably amongst ourselves. The estate is left with a house that has a market value of about $45,000. I want to liquidate (sell) the house and distribute the balance to the heirs with the least cost and do as much as I can myself without an attorney. I have the AZ form for affidavit for transfer of title to real property. If I find a buyer for the house, can I simply sign the affidavit and closing papers to close on the house as executor, or do I need to run around the country and try to get all the heirs signatures on the affidavit and closing papers?

SEPT. 7, 2001

DEAR JENNYO:

I understand your desire to try to do things the cheap way by not hiring an attorney, but yours is a prime situation where even just a consultation with a probate attorney (which would not be very expensive) could provide valuable knowledge that would make what you are trying to do much easier.

The main reason you should have filed the will for probate was so that there could be an official record of the distribution you made to the heirs and also so that you could have received official legal papers that authorize you to ACT as executor in claiming all assets and in performing any duties (such as handling the real estate transactions) that are required.

It is probable that you should have paid the expense to have the title changed to the names of whoever the will says is entitled to receive the house. Yours is a situation that really requires an answer from a local Arizona attorney. Click https://attorneypages.com for a directory of attorneys in your area.

You also need to find out if there will be any legal consequences or penalties against you for not filing the will during the appropriate time period.

SINCERELY,

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