This form is an affidavit evidencing the survivorship of the spouse of the decedent and testifying to his/her right to the 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.
Mesa Arizona Transfer of Real Property of a Decedent — Community Property with Right of Survivorship is a legal process that occurs after the death of one spouse/partner in a marriage or domestic partnership, where the deceased person's share of community property is transferred to the surviving spouse/partner. This type of transfer is commonly referred to as a transfer "by right of survivorship" and is governed by specific laws in the state of Arizona. Under community property laws in Arizona, assets acquired during a marriage or domestic partnership are generally considered community property, meaning they are jointly owned by both spouses/partners. In the case of real property (such as homes, land, or buildings) owned by a couple as community property with right of survivorship, the surviving spouse/partner automatically inherits the deceased person's share of the property. There are different situations in which Mesa Arizona Transfer of Real Property of a Decedent — Community Property with Right of Survivorship may occur: 1. Spousal Transfer: This occurs when one spouse dies, and the surviving spouse becomes the sole owner of the community property by right of survivorship. The property is transferred through a legal process known as a spousal transfer or spousal real property transfer. 2. Domestic Partnership Transfer: Similar to spousal transfer, this type of transfer occurs when one partner in a domestic partnership passes away, and the surviving partner becomes the sole owner of the community property by right of survivorship. 3. Transfer with Probate: In some cases, despite the existence of right of survivorship, the transfer of property may go through the probate process. This usually happens when the surviving spouse/partner fails to follow the specific legal requirements or if disputes arise regarding the property transfer. 4. Joint Tenancy with Right of Survivorship: Although not exclusive to community property, joint tenancy with right of survivorship is another way to transfer real property in Mesa, Arizona. This form of ownership allows two or more people to own the property together, and upon the death of one owner, the property automatically transfers to the surviving owners without going through probate. Mesa Arizona Transfer of Real Property of a Decedent — Community Property with Right of Survivorship is an important legal process that ensures the smooth transfer of property ownership upon the death of a spouse/partner. It is crucial to consult with an experienced attorney or legal professional to understand the specific laws and requirements applicable in Mesa, Arizona in order to carry out this transfer correctly.
