Arizona > Local County > Mohave > Superior Court > Probate
Affidavit For Transfer Of Real Property Title - Arizona
| Affidavit For Transfer Of Real Property Title Form. This is a Arizona form and can be used in Probate Superior Court Mohave Local County . |
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CLERK OF SUPERIOR COURT VIRLYNN TINNELL, CLERK __________________________________________________________________________________ Mohave County Courthouse 401 East Spring Street Post Office Box 7000 Kingman, Arizona 86402 (928) 753-0713 Phone (928) 753-0781 Fax vtinnell@courts.az.gov INSTRUCTIONS FOR USING REAL PROPERTY AFFIDAVIT 1. The decedent must be deceased more than six months prior to the filing of the Affidavit. 2. Only ONE decedent per application. 3. You must file a certified copy of the death certificate with the Affidavit. 4. If you have a Will or know of a Will, you must file the original Will with your Affidavit. (You can request certified copies of the original Will upon filing it with the Clerk's Office) 5. If there is an existing probate, you must use ancillary procedures listed below. 6. You must pay a filing fee of $256.00 and a certification fee of $26.00, for a total of $282.00 upon filing of the Affidavit, made payable to CLERK OF SUPERIOR COURT. The Affidavit, Death Certificate and Will, plus one copy of all papers, along with the filing fee should be mailed to: CLERK OF SUPERIOR COURT PO BOX 7000 KINGMAN AZ 86402-7000 7. You must send an additional fee, made payable to Mohave County Recorder. The fee is $10.00 plus $1.00 per page if more than 5 pages. The Mohave County Recorder requests a copy of the death certificate. If you have any questions concerning the recordation of your documents, you may contact the Recorder at (928) 753-0701. 8. You cannot use the Affidavit if the assessed value of the real property is valued at more than $75,000.00. The value of the decedent's interest shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died. 9. This office cannot give you legal advice. If you are in doubt, you should contact an attorney and follow his or her instructions. ANCILLARY PROBATE PROCEDURES You may file a Proof of Authority A.R.S. ยง14-4204. The document is available on our website at www.mohavecourts.az.gov, then go to Probate, Miscellaneous Probate Documents, and Proof of Authority. You will need to attach a certified copy of the Letters issued to you from the Probate Court as well as a certified copy of the bond (if there was one posted). Filing fees are listed above in items 6 and 7. This procedure does not transfer the property title. It only gives you the authority to prepare a deed to transfer the property title. Revised: 2/24/2012 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com Name of Person Filing: _______________________________________ Mailing Address: _______________________________________ City, State, Zip Code: _______________________________________ Daytime Phone Number: _______________________________________ State Bar Number (if applicable):_____________________________________ Self (no Attorney) or Attorney Represented by: For Clerk's Use Only SUPERIOR COURT OF ARIZONA MOHAVE COUNTY In the Matter of the Estate of: Case Number: AFFIDAVIT FOR TRANSFER OF REAL PROPERTY TITLE (deceased) STATE OF ARIZONA COUNTY OF MOHAVE ) ) ss. I am signing this affidavit, being first duly sworn, and on my oath I state as follows: 1. INFORMATION ABOUT PERSON WHO DIED. (Name of person who died) died on (date) ___________. 2. PLACE OF DEATH. (Check one box) At the time of death, decedent was living in Mohave County in Arizona, OR At the time of death, decedent was not living in Mohave County but was living at (city and state) ________________________________________, and owned real property located in Mohave County in Arizona. 3. RELATIONSHIP. This is my relationship to the person who died: (explain) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Revised: 9/8/2011 Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case No.______________________________ 4. REASON WHY I AM ENTITLED TO THE PROPERTY. That the person(s) signing the affidavit are entitled to the real property because (check the boxes that apply): I am decedent's spouse and I am claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000.00) and family allowance ($12,000.00). (A.R.S. 142401 through 14-2405) 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 ($18,000.00) exempt property ($7,000.00), and family allowance (reasonable allowance for maintenance of family during administration of estate, generally up to one year). (A.R.S. 14-2401-03). 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. 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): _____________________________________________________________________ The person who died had no will, but I am entitled to the property under law because (check one box) I am the spouse of the person who died; I am a child of the person who died, and there is no living spouse; I am the parent of the person who died, and there are no living children or spouse; I am a brother or sister of the person who died, and there are no living children, spouse, or parents. The person died without a will and I am the sole heir. 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. The person died and left a valid will giving the entire estate to me. The person died and left a valid 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 th
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