If the total equity value of all real property held in the decedent’s name at death does not exceed $100,000.00, the title(s) can be transferred by an Affidavit (or Affidavits) of Succession to Real Property. This statutory amount does not include the value of any real property that passes under a Beneficiary Deed or Joint Tenancy Deed or Community Property Deed with Right of Survivorship. The value amount is calculated only on real property held in the decedent’s name alone.
An Affidavit of Succession to Real Property can only be processed after six months have elapsed from the date of death.
- If you must transfer title for any reason prior to six months from death, a court proceeding will need to be opened to appoint a personal representative.
- Paragraph E of A.R.S. Section 14-3971 states the requirements that must be complied with to use the Affidavit procedure to succeed to a decedent’s interest in real property.
The Affidavit of Succession must be filed in the Superior Court of the Arizona county where the property is located or the Arizona county where the decedent died, if the decedent died in Arizona.
- If the decedent owned real property in more than one county and the decedent died in Arizona, the Affidavits can all be filed in the Superior Court of the county of death.
- A certified copy of each Affidavit would then be recorded in the corresponding county where the decedent owned real property.
- In this instance, only one Court filing fee is required to open the estate file.
The Affidavit of Succession is filed in the Superior Court with a document entitled “Request for Certified Copy of Affidavit of Succession to Real Property”.
- After the Affidavit is filed, a certified copy of the Affidavit (or each Affidavit) is obtained from the Superior Court and recorded with the County Recorder where the real property is located.
- The recording of the Affidavit effectively transfers title to the real property to those affiants (successors) who are named in the Affidavit and who have also signed the Affidavit.
- There will be a case filing fee and a certified copy fee (for each Affidavit) paid to the Superior Court where the Affidavit is filed.
- There will also be a recording fee paid to the County Recorder’s Office.
- The court filing fees and the recording fees vary from county to county.
Before beginning the Questionnaire, please review the Checklist Information for affidavit procedures, to be sure the form provided in this Library will meet your circumstances. If you need additional assistance, please contactCautela Corporation.