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An affidavit of heir is a written statement that allows an estate to move forward with an uncontested probate. The person who signs the affidavit is agreeing that they are the rightful owner of the assets and that they will transfer them to the appropriate parties as soon as the probate process is complete.
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.
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.
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.
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.
This form is used to record the selling price, date of sale and other required information about the sale of property.
How Much Does the Typical Small Estate Affidavit Cost? While the price of handling an estate will vary, you can expect to spend at least $1000 on an a small estate affidavit, plus any additional expenses. Understanding the asset transfer process is important for Arizona residents and their loved ones.