An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit for Collection of Real Property of Decedent - Arizona , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s).
The Phoenix Arizona Affidavit for Collection of Real Property of Decedent is a legal document that allows the collection of real property (such as land, houses, or buildings) owned by a deceased person. This affidavit is used as an alternative to the formal probate process when the value of the real property does not exceed a certain threshold, typically set by state law. The purpose of this affidavit is to streamline the transfer of real property to the rightful heirs or beneficiaries of the deceased person's estate. It eliminates the need for court involvement or the appointment of a personal representative or executor. The affidavit must satisfy specific requirements set by Arizona law to be considered valid. It typically includes the following key elements: 1. Identification: The affidavit should contain the full legal name, date of death, and address of the decedent. 2. Executor or Heir Information: The document should list the name, address, and relationship to the decedent of the individual who will be responsible for the collection and distribution of the real property. This person is often referred to as the "affine." 3. Property Description: The affidavit should include a detailed description of the specific real property that is being transferred, including the address, legal description, and any other pertinent information. 4. Value of the Real Property: The affidavit should indicate the fair market value of the real property on the date of the decedent's death. This valuation is crucial for determining whether the entire estate is eligible for the collection of real property through this affidavit. It is important to note that there may be different types of Phoenix Arizona Affidavit for Collection of Real Property of Decedent. These variations can occur due to changes in state laws or specific circumstances of the case. For example, if there are multiple heirs or beneficiaries, each one may need to sign a separate affidavit. Additionally, the requirements for using this affidavit could be different if the real property is owned jointly or if the decedent left a will. To ensure accuracy and compliance with the relevant laws, it is advisable to consult with an attorney or legal professional experienced in estate planning and probate matters. It is crucial to use the correct form of affidavit depending on the circumstances, as errors or omissions may lead to complications or delays in the transfer of the real property.
