This deed, or deed-related form, is for use in property transactions in the designated state. This document, a sample Warranty Deed to Community Property w/rights of survivorship - Arizona, can be used in the transfer process or related task. Adapt the language to fit your circumstances. Available for download now in standard format(s).
Tucson Arizona Warranty Deed to Community Property with rights of survivorship
Category:
State:
Arizona
City:
Tucson
Control #:
AZ-REAL-13
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Warranty Deed To Community Property With Rights Of Survivorship?
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FAQ
Upon the death of one spouse, every asset that is community property is divided in half. One half of the property is retained by the surviving spouse and the other half is passed down to the heirs of the deceased spouse, either by will or trust or by intestacy.
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.
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.
Community Property with Right of Survivorship is an estate planning tool that attempts to avoid probate issues by automatically transferring the deceased spouse's one-half interest in the property to the surviving spouse. This is similar to Joint Tenancy with Right of Survivorship. A.R.S. 33-431.
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.
In Arizona, property law is governed by ARS Title 33. Joint tenancy with right of survivorship is covered in ARS 33-431. When real property is owned by multiple people, property law refers to it as a concurrent estate. The co-owners, or co-tenants, are commonly categorized as either joint tenants or tenants in common.
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.
A survivorship deed, or a joint tenancy with right of survivorship, is much more difficult to contest than a will bequeathing property to beneficiaries. However, one circumstance in which a survivorship might be successfully contested is when the document granting right of survivorship has not been properly drafted.