Affidavit Regarding Termination of Community Property Held with Right of Survivorship: This form is used after the death of a spouse. It effectively ends the community property being held with a right of survivorship. It must be signed in front of a Notary Public and filed with the court.
Mesa Arizona Affidavit Regarding Termination of Community Property Held With Right of Survivorship
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-01000
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How to fill out Arizona Affidavit Regarding Termination Of Community Property Held With Right Of Survivorship?
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FAQ
Arizona law recognizes four types of legal title to real property when it is owned by two or more persons: Tenants in Common, Joint Tenancy with Right of Survivorship, Community Property, and Community Property with Right of Survivorship.
Arizona is a community property state.
In Arizona, there are different ways to title property, including: A Joint Tenancy with Right of Survivorship involves two or more owners who each have an equal and undivided interest. If one owner dies, the surviving partners take the deceased owner's share in the property.
In a Joint Tenancy with Right of Survivorship, if one of the owners dies, his or her share will pass equally to each of the other Joint Tenants, regardless of who would otherwise inherit the deceased owner's estate.
In Arizona, if you are married, and you die without a valid Will, your surviving spouse will inherit your one-half of the community property and all of your separate property if you have no children or if you have children only from your current marriage.
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.
A joint tenancy is severed by (a) mortgage or creation of a deed of trust, (b) transfer to a revocable or irrevocable trust, (c) contract to convey the property, or (d) destruction of one or more of the four unities; and the result is the failure of the right of survivorship. In re the Estate of Estelle, 122 Ariz.
What is a joint tenancy? This is where 2 or more joint owners hold the whole of the property together and in equal shares. On the death of any one or more of the owners, those shares pass automatically to surviving joint tenants by something called the right of survivorship.
Community Property with Right of Survivorship is co-ownership by married persons providing for the surviving spouse to retain full title after the death of the other spouse. Allows for a stepped-up tax basis for Capital Gains Taxes to a surviving spouse.