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Affidavit of Succession to Real Property ARS 14-3971(E)
 
Probate > Affidavit of Succession to Real Property ARS 14-3971(E)

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If you are not sure about what to do, contact an attorney. There are serious consequences for people representing themselves and doing so improperly.

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A procedural guide to routine filing in

PROBATE, GUARDIANSHIPS, AND CONSERVATORSHIPS

AFFIDAVIT OF SUCCESSION TO REAL PROPERTY PURSUANT TO ARS 14-3971(E)

This form is filed with the Clerk's office. There is a fee of $186.00, and, generally, $27.50 for the certified copy of the affidavit that you will need to record. (The certified copy fee is dependent on the number of pages.) This fee is subject to change. Check with the Clerk's office to verify actual fee amounts. The clerk takes cash, Visa, or MasterCard for filing fees. The form must have a caption showing the name of the court, name of the decedent, and the title of the affidavit.

Real estate or a debt secured by a lien on real property may be transferred to the successor or successors by affidavit if certain requirements are met. This affidavit must be filed in the county where the decedent was domiciled or, if not domiciled in this state, in the county where the property is located.

The affidavit must state among other things, the following:

  1. Six (6) months have elapsed since the date of death.
  2. No petition or appointment of a personal representative has been granted or is pending in any state.
  3. The person or persons signing the affidavit are entitled to the real property, and the value of the real property is $75,000 or less.
  4. The legal description of the property and the decedent's interest in the property. 
  5. A certified copy of a death certificate must be attached and if there is a Will, the original Will must be attached. 

Once the affidavit is filed, the registrar will issue a certified copy of the affidavit (without attachments) which is then recorded. You will need the following forms:

  1. Affidavit of Succession to Real Property (Form PR-135) 
    Statement Directing Issuance of Certified Copy of Affidavit of Succession to Real Property (Form PR-136) 
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