Arizona Owner's - Seller's - Affidavit
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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.
The form alerts buyers to some unique circumstances often associated with purchasing rural, unincorporated land in Arizona. For instance, the affidavit acknowledges whether there is legal access and physical access to the property.
An Arizona beneficiary deed form?also known as an Arizona transfer-on-death deed form or Arizona TOD deed form?is a type of deed authorized by statute to pass Arizona real estate to designated beneficiaries on the death of an owner.
Affidavits; declarations under penalty of perjury. An affidavit is a statement that is sworn to before an authorized official such as a notary.
For the affidavit process to be available for real estate, the value of all Arizona real property in the estate must have a value of $100,000 or less at the date of death. All taxes and debts on the property must be paid.
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.
Informal probate is typically used when the value of the estate is less than $75,000 and there are no disputes between the heirs. Formal probate, on the other hand, is typically used when the value of the estate exceeds $75,000 or there are disputes between heirs.
§ 42-15203(A) states: Any person owning a mobile home that is permanently affixed to real property may file an Affidavit of Affixture with the County Recorder of the county in which the real property is located.
