Free Microsoft Word - Affidavit of Succession for Transfer of Real Property Pack­ - Arizona

AFFIDAVIT OF SUCCESSION TO REAL PROPERTY

PINAL COUNTY
COLLECTING REAL PROPERTY FROM AN ESTATE WITHOUT GOING TO PROBATE COURT INSTRUCTIONS AND FORMS
Provided as a Public Service By Kristi Youtsey Ruiz Clerk of the Superior Court

PINAL COUNTY SUPERIOR COURT SELF SERVICE CENTER CLERK OF THE SUPERIOR COURT

AFFIDAVIT INSTEAD OF PROBATE


TO CLAIM TITLE TO REAL PROPERTY



FORMS LIST How to assemble these documents
This packet contains court forms about the filing of an affidavit to claim real property; whether or not there was a will. Be sure all of the documents listed below are in this packet.

Order 1 2 3 4 5 6

Form Number PB3Table PB3Information Cover PB only PB Information Sheet PB3Affidavit PB3Statement of Completeness PB3Consent and Waiver Table of forms

Document

No. pages 1 2 2 1 3 1

Affidavit Instead of Probate - Small Estate Probate Cover Sheet Probate/Guardian/Conservator Information Sheet Affidavit of Succession for Transfer of Real Property Title Judge=s/Registrar=s Statement of Completeness Consent and Waiver

7

1

The documents you have received are copyrighted by the Superior Court of Arizona in Pinal County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents. It is strongly recommended that you contact an attorney to assist you in completing these forms if you have any questions. You should contact an attorney that handles Probate Estates to find out what to do.

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 1 of 1

PB3Table Use only most current version

PINAL COUNTY SUPERIOR COURT SELF SERVICE CENTER CLERK OF THE SUPERIOR COURT AFFIDAVIT INSTEAD OF PROBATE -- SMALL ESTATE
1. WHEN CAN YOU USE AN AFFIDAVIT?
You might not have to go to probate court at all, if the estate of the person who died is small enough. Generally, you can file an affidavit to claim personal property without going to probate court if:

A.

RIGHT TO SUBMIT AFFIDAVIT. You have legal standing or the right to submit an affidavit to persons who have the property of the person who died, or owe money to the person who died, if:
1. 2. / / / / You are named in a Will to receive the property of the person who died, and you can prove it; The person who died had no will, but you are entitled to the property under law because of one of the following: You are the spouse of the person who died; You are a living child of the person who died, and there is no living spouse; You are the living parent of the person who died, and there are no living children or spouse; You are a living brother or sister of the person who died, and there are no living children, spouse, or parents.

B.

VALUE OF ESTATE. The value of all of the personal property in the decedent=s estate, wherever
located, less liens and encumbrances, does not exceed $75,000.00, and the assessed value of the real property in the decedent=s estate located in Arizona, less liens and encumbrances against the real property as of the date of the decedent=s death, does not exceed $75,000.00.

C.

ENTITLEMENT TO THE PROPERTY:
PERSONAL PROPERTY: You are the claiming successor to the personal property and are entitled to payment or delivery of the property. REAL PROPERTY: You are entitled to the real property by reason of the allowance in lieu of homestead ($18,000), exempt property ($7,000) or family allowance ($12,000) by intestate succession as the sole heir or heirs, or by devise under a valid last will of the decedent. This means any of the following: / / / You are the living spouse of the person who died or there is no living spouse and you are the living dependent child, OR The person died without a will and you are the sole heir OR, The person died without a will and the people with equal or greater right than you have to the property have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit for personal property, OR, The person died and left a valid will giving the entire estate to you, OR, The person died and left a valid will and the people with equal or greater right than you have to the property have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit.

/ /

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 1 of 2

PB3Information and Instructions Use only most current version

2.

WHAT TO DO AFTER YOU HAVE COMPLETED THE AFFIDAVIT: Use only black ink.
Do not fold forms, keep forms neat and clean.

A. B.

To collect personal property, take the affidavit to the person who has the property or owes the debt. If you are claiming title to a motor vehicle, pay the fee and the motor vehicle division will transfer title to you. To claim an interest in real property, take or mail the following documents to the Probate
Registrar at the following location: FLORENCE: Clerk of the Superior Court PO Box 2730 971 Jason Lopez Circle Bldg A Florence, AZ 85232 (520) 866-5300

/ / / / / /

Probate Cover Sheet Original Affidavit of Succession for Transfer of Real Property. If the estate was previously opened, write on the affidavit the old probate case number. Original Will if one exists or a certified copy of the Will from the court of record. Certified Death Certificate. Judge=s/Registrar=s Statement of Completeness. Copy of the Closing Statement if there was a probate in another county other than Pinal County.

File the original affidavit and the original will. The fee to file is $166.00. If you are entitled to a fee deferral (postponement or payment plan), you may request a deferral of the filing fees at the time you file your papers with the Clerk of the Court. Give your original papers to the Clerk's along with the $166.00 filing fee. Cash, visa master card, money order or cashier's check made payable to the "Clerk of the Superior Court" are acceptable methods of payment. If the Probate Registrar determines that your affidavit is complete, the Probate Registrar will sign the Statement of Completeness. You will need to purchase a certified copy of the Affidavit, which you must then record the certified copy of the Affidavit with the county recorder where the real property is located. The fee for purchasing a certified copy of the Affidavit is $18.00. plus .50 cent copy fee per page (total of $1.50) for a grand total of $19.50 for a certified copy of the Affidavit. This fee can also be paid at the time of filing initial paperwork.

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 2 of 2

PB3Information and Instructions Use only most current version

Name of Person Filing Document: Your Address: Your City, State, Zip Code: Your Telephone Number: Attorney Bar Number (if applicable): Representing [ ]Self (Without a lawyer) or [ ] Attorney for

SUPERIOR COURT OF ARIZONA PINAL COUNTY
In the Matter of the Estate of ) ) ) ) ) ) )ss. , being first duly sworn, do upon my oath, hereby state as follows: PB

2

AFFIDAVIT OF SUCCESSION FOR TRANSFER OF REAL PROPERTY TITLE [508]

[ ] an Adult [ ] a Minor, deceased STATE OF ARIZONA COUNTY OF PINAL I

1. 2.

INFORMATION ABOUT PERSON WHO DIED
(Name of person who died) died on (date)

PLACE OF DEATH. (Check one box) 9 At the time of death, decedent was living in Pinal County in Arizona, OR 9 At the time of death, decedent was not living in Arizona but was living at (city and state)
, and owned real property located in Pinal County in Arizona.

3. RELATIONSHIP. This is my relationship to the person who died (explain):
Person(s) with equal or greater right, if any:

4.

DESCRIPTION OF REAL PROPERTY. The legal description of the real property located in Pinal County
Arizona is:

5.

INTEREST IN REAL PROPERTY OF PERSON WHO DIED. The interest in the real property of the
person who died is (list how person who died had title to the property or other interest in the property): _______ _________________________________________________________________________________________ _________________________________________________________________________________________

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 1 of 3

PB3Affidavit Use only most current version

6.

VALUE OF ESTATE. The assessed value in the estate of the person who died of all real property located in
this state, including any debt secured by a lien on real property, less liens and encumbrances against the real property as of the date of decedent's death, does not exceed $75,000.00.

7. 8.

SIX MONTH REQUIREMENT. Six months have elapsed since the death of the person who died as shown
in a certified copy of the death certificate attached to this affidavit.

PERSONAL REPRESENTATIVE. An application or petition for appointment of a personal representative is
not pending or has not been granted in any jurisdiction or an application has been granted but the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the $75,000 limit on the value of the property has not been exceeded.

9. 10.

FUNERAL EXPENSES. Funeral expenses, expenses of last illness, and all unsecured debts of the person
who died have been paid.

REASON WHY I AM ENTITLED TO THE PROPERTY. That the person(s) signing the affidavit is/are
entitled to the real property because (check the boxes that apply): 9 I am decedent=s spouse and I am claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000) and family allowance ($12,000). (A.R.S. '14-2401 through '14-2405) 9 There is no surviving spouse of the decedent and I am the living dependent or minor child of the person who died. I am claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000), and family allowance (reasonable allowance for maintenance of family during administration of estate, generally up to one year). (A.R.S. '14-2401 through '14-2403). All other dependent children of my parent with equal or greater right than I have to the property, who are listed above, have all assigned their entire interests in the estate to me, which is proven by the copy of the document they signed to this effect that I am attaching to this affidavit or they have signed this affidavit indicating their interest in the property. 9 I am named in the will dated of the person who died, the original of which is attached to this affidavit, or a certified copy of the Will which has been probated as follows (name court and case number) . 9 The person who died had no will, but I am entitled to the property under law because (check one box): 9 I am the spouse of the person who died; 9 I am a living child of the person who died, and there is no living spouse; 9 I am the living parent of the person who died, and there are no living children or spouse; 9 I am a living brother or sister of the person who died, and there are no living children, spouse, or parents. 9 The person died without a will and I am the sole heir. 9 The person died without a will and the people with equal or greater right than I have to the property, have all assigned their entire interests in the estate to me, which is proven by the copy of the documents they signed to this effect that I am attaching to this affidavit or have signed this affidavit indicating their interest in the property. 9 The person died and left a valid will giving the entire estate to me. 9 The person died and left a valid will and the people with equal or greater right than I have to the property, who are listed above, have all assigned their entire interests in the estate to me, which is proven by the copy of the documents they signed to this effect that I am attaching to this affidavit or have signed this affidavit indicating their interest in the property.

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 2 of 3

PB3Affidavit Use only most current version

11. 12. 13.

OTHER PERSONS. No other person has a right to the interest of the decedent in the described property. TAXES. No Federal or Arizona Estate Tax is due on the estate of the person who died. TRUE STATEMENTS. All statements in this affidavit are true and material. I acknowledge that any false
statement may subject me to penalties relating to perjury.

Signature of Affiant

Signature of Affiant SUBSCRIBED AND SWORN TO before me this day of 20 .

By My Commission Expires: Deputy Clerk / Notary Public

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 3 of 3

PB3Affidavit Use only most current version

Arizona Superior Court, Pinal County
Probate Cover Sheet
Pursuant to Rule 4.1 Superior Court Local Rules - Pinal County, please provide the following information. (Type or print)

CASE NUMBER PB 2 PETITIONER'S NAME and ADDRESS
Name: Address:

Judge ______________________________________ DECEDENT'S NAME
Name:

City/State/Zip: DOB:(Must Provide)

Social Security Number: DOB:

PETITIONER'S ATTORNEY NAME and ADDRESS:
Name/State Bar #:

FEES: [ ] PAID [ ] NOT PAID - REASON:

Address:

[ ] Political Subdivision/Government Agency [ ] Deferred [ ] Waived

City/State/Zip: Telephone:

NATURE OF ACTION Place an "X" next to the description below which describes the nature of the case. ESTATE & TRUST _____ P31 Ancillary Administration _____ P32 Affidavit of Succession to Realty _____ P33 Trust Administration _____ P34 Formal Probate of Will _____ P35 Informal Probate of Will _____ P36 Supervised Administration _____ P37 Unsupervised Administration _____ P38 Other __________________________ (Specify) ADULT ADOPTION ______ P41 Adult Adoption

To the best of my knowledge, all information is true and correct. _______________________________________________________ Attorney / ProPer Signature

Name of Person Signing Document: Your Address: Your City, State, Zip Code: Your Telephone Number: Attorney's Bar Number (if applicable): Self (Without a lawyer) or Representing

Attorney for

SUPERIOR COURT OF ARIZONA PINAL COUNTY
In the Matter of the Estate of ) ) ) ) ) PB

2

CONSENT AND WAIVER

an Adult

a Minor, deceased

READ THIS FORM CAREFULLY.
1. RELATIONSHIP TO DECEDENT. I (Name of person who died)

This form contains information that may affect your rights to the real property listed below. If you do not understand this form or the information contained in it, contact an attorney for legal advice.

, am the .

of

2.

WAIVER OF RIGHTS. I waive my rights to the property described below (use the legal description of the property located in Pinal County):

3.

CONSENT. I consent and assign all interest in the above listed property to, (Name of petitioner) hearing set as to said property.

, without bond and waive notice of any future

DATED: Signature SUBSCRIBED AND SWORN TO before me this My Commission Expires: day of , 20 ,

By ____________________________________ Deputy Clerk/Notary Public

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 1of 1

PB3Consent and Waiver Use only most current version

Name of Person Filing Document: Your Address: Your City, State, Zip Code: Your Telephone Number: Attorney Bar Number (if applicable): Representing [ ]Self (without a lawyer) or [ ]Attorney for

SUPERIOR COURT OF ARIZONA PINAL COUNTY
In the Matter of the Estate of

) ) ) ) ) ) )

PB

2

JUDGES'S/REGISTRAR'S STATEMENT OF COMPLETENESS

Judge/Registrar

[ ] an Adult or [ ] a Minor, deceased

A verified Affidavit for Succession of Real Property having been filed this date, pursuant to A.R.S. '14-3971(E), as amended, and attachments thereto are complete, all as provided by A.R.S. '14-3971(E), as amended, 1999; THEREFORE, a certified copy of said Affidavit, as filed with this Court without attachments, shall be issued for the purpose of having said certified copy recorded at the Office of the County Recorder of Pinal County, Arizona.

DATED this

day of

, 20

.

Judge of the Superior Court/Registrar

© Superior Court of Arizona in Pinal County October 2, 2006 ALL RIGHTS RESERVED

Page 1of 1

PB3Statement of Completeness Use only most current version