The Distinction Between Freehold and Chattel
This statute takes the five estate types from A.R.S. 33-201 and sorts them into broader legal categories. The classification matters because it determines what protections and legal rules apply to each type of real estate interest.
Estates of inheritance and for life are freehold estates, except that an estate for the life of a third person, whether limited to heirs or otherwise, is a freehold only during the life of the grantee or devisee, and after his death is a chattel real.
A.R.S. § 33-202(A)Freehold estates are the strongest form of property interest. If you own your home outright or hold a life estate, your interest is classified as freehold. Leases for a fixed number of years are classified as chattels real. They sit a step down from freehold but still carry defined terms and recognized rights.
What Makes Chattel Interests Different
Estates at will and estates by sufferance occupy the lowest tier. These are informal arrangements where the occupant has no guaranteed term. A tenant at will can be asked to leave with proper notice. A tenant by sufferance is someone who stays after their right to occupy has ended.
Estates at will or by sufferance are chattel interests, but are not liable as such to sale on execution.
A.R.S. § 33-202(C)The protection from execution sale is a meaningful detail. A creditor who wins a judgment against someone holding an at-will tenancy cannot seize and sell that tenancy interest.
For estate planning purposes, understanding these classifications helps clarify what rights transfer at death and what rights simply expire. The category of your real estate interest shapes how it passes to your family.