Affidavit For Transfer Of Real Property Title And Instructions (Gila)

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 Title And Instructions (Gila) 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 Title And Instructions (Gila)

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

• 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 Title And Instructions (Gila) 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 Title And Instructions (Gila), 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 Title And Instructions (Gila) 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 Title And Instructions (Gila) 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.

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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 Title And Instructions (Gila), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Transfer Of Real Property Title And Instructions (Gila) 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 Title And Instructions (Gila) 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 Title And Instructions (Gila) 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 Title And Instructions (Gila). You can use this to get an idea of the context of the form and what type of information is needed.

CHECKLIST FOR FILING AFFIDAVIT FOR SUCCESSION TO REAL PROPERTY UNDER A.R.S. §14-3971 PLEASE READ EACH SECTION OF THE AFFIDAVIT CAREFULLY. FAILURE TO COMPLETE THE FOLLOWING STEPS MAY CAUSE YOUR PAPERS TO BE RETURNED TO YOU. □ Pursuant to A.R.S. §14-3971(E), the affidavit must be filed in the court in the county in whichthe decedent was domiciled at the time of death, or if the decedent was not domiciled in thi s state, then in any county in which real propertyof the decedent is located. □Six months have elapsed since date of death. □V alue of decedent's interest in property is less than $100,000.00. □If decedent left Last Will and Testament, is it attached? The Court will not accept a photocopy. □All names, addresses of heirs and relationship to decedent are listed, including surviving spouse and any step-children of decedent. □If you are not the surviving spouse, and there is no Last Will and Testament, is a notarized nomination or authorization from all other heirs attached? □Have you attached a certified copy of the death certificate? □Have you attached a copy of Gila County tax bill to show value of property? □No other application or appointment of Personal Representative of decedent's estate is pending or has been granted in any jurisdiction, or if granted, the Personal Representative has been discharged or more than a year has elapsed since the closing statement was filed. □Affidavit is signed and notarized. □Order is completed and needs only Judge's signature and date. □Filing fee of $224.00 is attached. □Take to courthouse and file. NOTE: Consulting a lawyer before filing documents with the court may help prevent unexpected results. A list of lawyers who can give you legal advice and can help you on a task-by-task basis for a fee can be found on the www.azbar.org web site. WPDOCS\\\\FORMS\\\\Probate Checklist.doc Na me of Person Filing: _______________________________________ Mailing Address: _______________________________________ City, State, Zip Code: _______________________________________ Daytime Phone Number: _______________________________________ State Bar Number (if applicable):_____________________________________ Represented by: Self (no Attorney) or Attorney SUPER IOR COURT OF ARIZONA GILA COUNTY In the Matter of the Estate of: Case Number: AFFIDAVIT FOR TRANSFER OF REAL PROPERTY TITLE (deceased) ST ATE OF ARIZONA ) COUNTY OF GILA ) ss. I am signing this affidavit, being first duly sworn, and on my oath I state as follows: 1.INF ORMATION ABOUT PERSON WHO DIED. (Name of person who died) died on (date) _ __________. 2.PLA CE OF DEATH. (Check one box) At the time of death, decedent was living in Gila County in Arizona, OR At the time of death, decedent was not living in Gila County but was living at (city and state) ________________________________________, and owned real property located in Gila County in Arizona. 3.REL ATIONSHIP. This is my relationship to the person who died: (explain) ______________________________________________________________________ Revised: 9/18 /201 3 Page 1 of 3 For Clerk’s Use Only 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. 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 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. R evised: 9/18 /201 3 Page 2 of 3 Case No._____________________________ 5.DESCRIPTION OF REAL PROPERTY. The legal description as written on the Deed of Title of the real property located in Gila 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 v alue 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. 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 The original Will or a certified copy of a previously probated Will and a certified copy of the death certificate must be attached to this Affidavit. Revised: 9/18 /201 3 Page 3 of 3