Arizona Affidavit of Domicile for Deceased
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How to fill out Affidavit Of Domicile For Deceased?
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FAQ
Probate Shortcuts in Arizona ValueOther RequirementsPersonal Property< $75,000No ongoing formal probateReal Estate<$100,000No personal representative appointed (or active during the last year)
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.
A Beneficiary Deed is a type of real estate transfer deed available for use in Arizona that takes effect upon the death of the property owner. It must be recorded in the county where the property is located while the property owner is still alive.
Arizona allows those without proper estate planning to avoid probate if the estate is small. A small estate is one that consists of less than $100,000 in real estate value or less than $75,000 in personal property.
Answer: Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.
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.
If seeking personal property, it is not necessary to file the small estate affidavit with the court. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred.
