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Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets.
Arizona statutes offer an alternative to avoiding probate by using an Affidavit of Succession to Real Property in cases in which the real property value does not exceed a certain value. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed away.
In Arizona, real estate can be transferred via a Beneficiary Deed, more commonly known as a TOD deed. This deed allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
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. No probate is necessary. Use Nolo's Quicken WillMaker to make a beneficiary deed or transfer on death deed in any state that allows it.
Real estate or a debt secured by a lien on real property may be transferred to the successor or successors by affidavit if certain requirements are met. This affidavit must be filed in the county where the decedent was domiciled or, if not domiciled in this state, in the county where the property is located.
Under current Arizona law, small estates are defined as those in which the deceased owned less than $100,000 in real estate equity or less than $75,000 worth of personal property. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process.
An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person and their respective interests in the deceased person's estate when the deceased person dies without a will (intestate) or when there are uncertainties about the heirs and their inheritance rights.