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At your death, ownership passes automatically to the beneficiary named in the deed. Any mortgage or debt attached to the land goes along with it. To retitle the real estate in the new owner's name, the new owner should record a sworn statement (affidavit) and a copy of the death certificate.
How to Start Probate for an Estate Open the Decedent's Last Will and Testament. ... Determine Who Will be the Personal Representative. ... Compile a List of the Estate's Interested Parties. ... Take an Inventory of the Decedent's Assets. ... Calculate the Decedent's Liabilities. ... Determine if Probate is Necessary. ... Seek a Waiver of Bond.
You cannot use your will to revoke or override a beneficiary deed. How ownership is transferred. To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the recorder's office.
4. After an Arizona Beneficiary Deed is signed and recorded, the owners may sell, encumber or otherwise deal with their property without any restrictions or limitations. 5. Signing and recording an Arizona Beneficiary Deed has no gift tax liability because it is not a present transfer of property.
The benefits of a Beneficiary Deed include: Probate avoidance. Arizona real property transferred by an Arizona Beneficiary Deed avoids the cost (anywhere from $5,000 to $8,000) and delay of an uncontested probate. This is because the property is not part of the deceased person's probate estate.