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My father passed away nearly 7 years ago without a will. The family house that was built by my grandfather is still in his name. He was divorced just before he passed away, but I have the ink copy of the quit-claim deed she signed releasing any and all interest in the house. I now wish to remove his name from the house and replace it with mine. The only other possible heirs (my brother and two sisters) have no interest in the property. I went to the county recorders office to obtain an affidavit of succession of real property but after explaining the situation, they were concerned about the 7 year lag time and suggested I obtain legal advice. All necessary payments (mortgage, taxes, etc) have been made during that time, without removing his name, by fellow family members. Keep in mind I was 16 years old at the time of his death, the house has less than 40,000 owed against it and I just want to clear things up and keep the house in the family name. What do I need to do?
State/Country relating to Question: Arizona Already Tried: Just asked the county recorders office
Hello,
Did his estate ever go through probate court? Was the quitclaim deed signed and properly executed (notarized)?
Would your brother and sisters execute quitclaim deeds to you transferring any interest they might have?
Thanks.
Matt
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No it never went through probate court, the quit claim is notarized and official, and my siblings would sign anything necessary.
Ok, then you need to first record the properly executed quitclaim deed. It does not matter how old it it as long as it was executed and notarized. An unrecorded deed is still valid.
Next you would need to open a probate case, be named Administrator (for no will) and get the estate settled. This consists of filing the probate action in probate court (they will have forms there) and then listing all the assets and debts of the estate and any beneficiaries. If it is a fairly simple estate with few assets, they have expedited forms that basically allow all beneficiaries to sign stating that everything has been distributed and that they agree there is no dispute as to claims. Once that is done, assuming that it is only you, your brother and two sisters, you would each own 1/4 of the property according to the "law of intestacy" which kicks in as a default when there is no will.
Once the estate is signed off by the judge and settled, you can have quitclaim deeds prepared for all four of you assigning your interests to you solely. Once they are executed, notarized and recorded, you will be the sole owner of the property.
Attorney
12 yrs practice, Realtor, Landlord 20+ yrs