An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This Affidavit form is used to evidence that one of the tenants to a joint tenancy is deceased. It can be used to put the deed in only the surviving tenant's name.
Arizona Affidavit for Transferring Property After Death in Joint Tenancy with Right of Survivorship by Surviving Tenant when one Tenant Is Deceased
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How to fill out Affidavit For Transferring Property After Death In Joint Tenancy With Right Of Survivorship By Surviving Tenant When One Tenant Is Deceased?
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Like joint tenancy, community property with the right of survivorship also grants the surviving spouse full ownership of the property. Arizona is one of only five states that have community property with the right of survivorship laws.
An Arizona beneficiary deed form must meet several requirements that apply specifically to beneficiary deed forms:The deed must convey an interest in Arizona real estate to a grantee beneficiary designated by the owner;The deed must expressly state that the deed is effective on the death of the owner; and.More items...
In Arizona, each owner, called a joint tenant, must own an equal share. Community property with right of survivorship. Arizona is a community property state, which means that spouses generally own all property acquired during the marriage jointly unless they take steps to keep it separate.
In Arizona, tenancy in common is the default classification for married couples seeking joint ownership. The property can be divided evenly, or the owners can control differing shares if needs be (e.g. two business partners own 25% each, and the third owns 50%).
Each joint tenant holds an equal and undivided interest in the estate, unity of interest. Each spouse holds an undivided one-half interest in the estate. Each tenant in common holds an undivided fractional interest in the estate.
The Arizona beneficiary deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
When a joint tenant dies, the right of survivorship means that the remaining joint tenants acquire the deceased joint tenant's ownership interest in the real estate. For example, if there were two joint tenants, each with a 50-percent share of the real estate, the surviving joint tenant becomes the sole owner.
Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.
First, you'll need to initiate probate. File a petition with the county court where the decedent lived or owned property, and include a list all of the potential heirs to the estate. If there is a family member or trusted advisor who would like to serve as the estate's administrator, indicate that in the petition.