This form is an affidavit of succession for the decedents real property. This is an official form from the Arizona Court System, which complies with all applicable laws and statutes. USLF amends and updates forms as is required by Arizona statutes and law.
Tucson Arizona Affidavit of Succession to Real Property
Category:
State:
Arizona
City:
Tucson
Control #:
AZ-PB-4-COL
Format:
PDF
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How to fill out Arizona Affidavit Of Succession To Real Property?
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FAQ
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.
A beneficiary deed allows for the avoidance of probate. Arizona allows for the transfer of real estate by affidavit if the equity of all the real property in the estate is not greater than $100,000.
Under current Arizona law, small estates are defined as those in which the deceased owned less than $100,000 in real estate equity or less than $75,000 worth of personal property. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process.
Typically, you need the property ownership document and the Will, or the Will with probate or succession certificate. In the absence of a Will, you may also need to prepare an affidavit along with a no-objection certificate from other legal heirs or their successors.
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.
estate affidavit is a procedure available under Arizona estate law that allows heirs and beneficiaries to bypass the probate process, which can be lengthy and expensive.
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.
Cost Of The Small Estate Affidavit Procedure The clerks filing fee for this procedure is usually about $350. That is generally the only court expense.
When is a probate action required in Arizona? Under Arizona law, the general rule is that if the deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property (including physical possessions and money), then a probate action is required to transfer the assets to the heirs.
A small estate affidavit is a legal document that can be used to transfer property to heirs without a formal probate. Not all estates qualify for small estate administration. Heirs can use a small estate affidavit in only limited circumstances.