If you have no spouse but do have surviving children, your children inherit. Affidavit Information on Terminating or Transferring Property Interests ... your closest relatives are benefactors. Arizona Revised Statutes §14-03971. A husband and wife may own real property as community property with the right of survivorship. Affidavit of Surviving Spouse Registry of Motor Vehicles P.O. An affidavit of death form of joint tenant gives the surviving spouse the ability to file a notice with the property assessor of the county and the title company. The property can be divided evenly, or the owners can control differing shares if needs be (e.g. In Arizona, many types of assets don’t need to go through probate. After creating this affidavit and submitting it, the title gets changed in such a way that the ownership only reflects the name of the spouse who survived. 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. Homestead exemption: A surviving spouse has the right to a homestead exemption under R.S. the remaining joint tenant, were married to each other and that affiant is the surviving spouse. If, however, you make a Will and leave all your estate to other people or organizations, your spouse and minor children may receive only the minimum amounts guaranteed by law. Child , if there is no surviving spouse – … Also called an Affidavit of Heirship, this document provides a quick way for beneficiaries to establish ownership of real and personal property. Affidavit of Death of Joint Tenant (Surviving Spouse) Affidavit of Death of Joint Tenant (Surviving Domestic Partner) Affidavit – Death of Trustee; Affidavit – Surviving Domestic Partner Succeeding ... Lawyers Title Northern Arizona 1500 E. Woolford Road Meadowbrook Business Plaza, Suite 85901 928.537.2941. This section contains external links that will be open in a new browser window. AFFIDAVIT OF NEXT-OF-KIN VENUE State of _ ) (State) ) ) ss: County of (County) I, , being duly sworn according to law, declare that I reside (Full Name of Affiant) at and that on : (Street Address) (City and State) (Month, Day, Year of death) _____, who made no will, had permanent legal residence at _ (Name of Decedent) (Complete address of Decedent) (Address Continued) I am the widow. are the surviving spouse, you may also use the Affidavit to collect wages owed to the decedent, of up to $5000. My name is _____. Arizona statutes offer an alternative to avoiding probate by using an Affidavit of Succession to Real Property in cases in which the real property value does not exceed a certain value. An affidavit of death of spouse allows the surviving spouse to remove the deceased spouse’s name from joint credit cards, bank accounts, money market accounts, etc. Arizona law gives some protection to a surviving spouse and minor children against disinheritance. The person died without a will and I am the sole heir. My own family history will serve as an example of how it works. Complete and record this form, along with an official copy of the deceased joint tenant's death certificate, to formalize the transfer of property rights to the surviving co-owner. to receive the property and you can prove it; OR • The person who died . 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 … My name is _____. The following document is required: When a decedent dies without a valid will, they are said to have died intestate. 1. If, however, you make a Will and leave all your estate to other people or organizations, your spouse and minor children may receive only the minimum amounts guaranteed by law. For example, if there were two joint tenants, each with a 50-percent share of the … At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000, on being presented an affidavit made by or on behalf of the spouse stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and … This webiste constitutes attorney advertising. The Small Estate Affidavit(s) for Transfer of Property When a Person has Died, under $100,000 and up to $5000 in wages, is regulated in the State of Arizona pursuant to the A.R.S, § 14-3971.. A successor is the person(s) who is are entitled to the decedent’s property, a person with a legal right or legal standing. Arizona Affidavit for Collection of Personal Property. City . 3. State . ... A grant or devise to a husband and wife may by express words vest the estate in the surviving spouse on the death of one of the spouses when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. The deceased's full name, date of death and place of death must be entered in the corresponding fields on the form. A successor is the person (s) who is are entitled to the decedent’s property, a person with a legal right or legal standing. The courts and the collectors of the estate both benefit from using this affidavit, especially when the collector is a surviving spouse. 143971(B), Arizona Revised St- atutes, for the purpose of making claim to personal property of the person who died. That this Affidavit is made for the protection and benefit of the surviving spouse, his/her successors, assigns and personal representatives and all others parties hereafter dealing with or who may acquire an interest in the above-described property. Please check with the Clerk’s office for the current fee of purchasing a “Certified Copy” of the Affidavit of Succession for Transfer of Real Property. The surviving spouse is only entitled to separate property if there are no surviving descendants, siblings, or parents of the decedent. Exemption under R.S and you can prove it ; or • the person who died or! You were married, and the county property assessor state, there is no elective share in Arizona see! Surviving children, your children inherit or transferring property Interests... your relatives! It is not possible to entirely disinherit these people Motor vehicle Division and is used transfer..., your children inherit wages, salary or other asset held in joint tenancy not... 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