Who has the legal right to claim property in a Small Estate Transfer?

Persons who have a legal right to claim property may be called heirs, successors, devisees, or beneficiaries.  You may have a right to claim the property of a person who died using small estate transfer if:

• You are named in the will and you can prove it
• You are an heir if the person died without a will
• You are a successor
• You have a legal right to inherit
• You contacted a qualified probate attorney who advised you that you had a property claim

When there is not a will, an heir under Arizona law may be a:

• Surviving spouse
• Child, if there is no surviving spouse, unless the surviving spouse is not the parent of the child
• Parent, if there is no surviving spouse or child
• Brother or sister, if there is no surviving spouse, child or parent