Affidavit For Transfer Of Real Property (Mohave)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit For Transfer Of Real Property (Mohave) is a commonly used form within Arizona. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit For Transfer Of Real Property (Mohave)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Transfer Of Real Property (Mohave):

• This form pertains to the State of Arizona

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Arizona’s Form Affidavit For Transfer Of Real Property (Mohave) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Arizona form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Arizona probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit For Transfer Of Real Property (Mohave), take a break, and then review. Probate and estate settlement processes in AZ are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit For Transfer Of Real Property (Mohave) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit For Transfer Of Real Property (Mohave) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Arizona.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Arizona can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Arizona. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Arizona is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Arizona probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Arizona probate clerk or court for exact answers regarding Form Affidavit For Transfer Of Real Property (Mohave), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Transfer Of Real Property (Mohave) is one of the many probate court forms available for download through Atticus.

It may also be available through some Arizona probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Arizona.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit For Transfer Of Real Property (Mohave) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Arizona probate court office.

Affidavit For Transfer Of Real Property (Mohave) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Arizona-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Arizona Form Affidavit For Transfer Of Real Property (Mohave). You can use this to get an idea of the context of the form and what type of information is needed.

DLR: 12/2021 CLERK OF SUPERIOR COURT CHRISTINA SPURLOCK, CLERK Mohave County Courthouse 415 East Spring Street Post Office Box 7000 Kingman, Arizona 86402 (928) 753-0713 Phone (928) 718-4930 Fax cspurlock@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 $344.00 and a certification fee of $30.00, for a total of $374.00 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 $30.00. 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 $100,000.00. 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. §14-4204. 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. Page 1 of 3 DLR: 12/2021 Name of Person Filing: Mailing Address: City, State, Zip Code: Daytime Phone Number: State Bar Number (if applicable): Represented by: Self (no Attorney) or Attorney SUPERIOR COURT OF ARIZONA MOHAVE COUNTY 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) 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. 14-2401 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 In the Matter of the Estate of: For Clerk’s Use Only Page 2 of 3 DLR: 12/2021 Case No. 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 this affidavit or have signed this affidavit indicating their interest in the property. 5.DESCRIPTION OF REAL PROPERTY. The legal description as written on the Deed of Title of the real property located in Mohave County Arizona is: 6.INTEREST IN PROPERTY OF PERSON WHO DIED. The interest of the person who died in the real property is (list how person who died had title to the property or other interest in the property). 7.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 $100,000.00. 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. Page 3 of 3 DLR: 12/2021 Case No. 9. 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 $100,000.00 limit on the value of the property has not been exceeded. 10. FUNERAL EXPENSES. Funeral expenses, expenses of last illness, and all unsecured debts of the person who died have been paid. 11. OTHER PERSONS. No other person has a right to the interest of the decedent in the described property. 12. TAXES. No Federal or Arizona estate tax is due on the estate of the person who died. 13. 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 Date SUBSCRIBED AND SWORN TO before me on this day of . My commission expires: Notary Public/Deputy Clerk