Affidavit For Transfer Of Title To Real Property

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 Title To Real Property 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 Title To Real Property

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

• 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 pbse12fz - Affidavit For Transfer Of Title To Real Property 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 pbse12fz, 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 pbse12fz 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 pbse12fz 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 Title To Real Property 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 pbse12fz 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 pbse12fz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Transfer Of Title To Real Property 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 pbse12fz - Affidavit For Transfer Of Title To Real Property 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 Title To Real Property 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 pbse12fz - Affidavit For Transfer Of Title To Real Property. You can use this to get an idea of the context of the form and what type of information is needed.

Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: _____________________________________ Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent SUPERIOR COURT OF ARIZONA IN ____________COUNTY In the Matter of the Estate of: Case Number: AFFIDAVIT for TRANSFER of TITLE to REAL PROPERTY an Adult a Minor, deceased ) STATE OF ARIZONA COUNTY OF ____________ ) ss. By signing this affidavit, I we s wear or affirm under penalty of perjury that its contents are true and correct. 1.INFORMATION ABOUT PERSON WHO DIED (the deceased). The deceased, , died on (name) (date) 2.PLACE OF DEATH. (Check one box) At the time of death, the person who died was living in _______ County in Arizona, OR At the time of death, the person who died was not living in _________ County , but was living at: (city and state) and owned real property located in ____________ County in Arizona. 3.RELATIONSHIP. This is my our relationship to the person who died: (explain) FOR CLERK’S USE ONLY © Superior Court of Arizona in Maricopa County PBSE12f - 050115 ALL RIGHTS RESERVED Page 1 of 5 Case No. 4.DESCRIPTION OF REAL PROPERTY. The legal description as written on the deed of title of the real property is: 5.INTEREST OF PERSON WHO DIED IN PROPERTY. The interest of the person who died in the real property is (list how the decedent held title to the property or other interest in the property). 6.VAL UE 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 the death, does not exceed $100,000.00. 7.SIX MONTH REQUIREMENT. Six months have elapsed since the death, as shown in a certified copy of the death certificate attached to this affidavit. 8.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 limit on the value of the property has not been exceeded. 9.FUNERAL EXPENSES. Funeral expenses, expenses of last illness, and all unsecured debts of the person who died have been paid. 10.REASON WHY I AMWE ARE ENTITLED TO THE PROPERTY. The persons signing this affidavit are entitled to the real property because (check the boxes that apply): I am the spouse of the deceased and I am claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000) and family allowance ($12,000). (A.R.S. §§ 14-2401 through 14-2405) There is no surviving spouse and I am the dependent or minor child of the person who died. I am claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000), and family allowance (reasonable allowance for maintenance of family during administration of estate, general ly up to one year). (A.R.S. 14-2401-03). All other dependent children of my deceased parent 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 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. There is no surviving spouse and we are the dependents or minor children of the person who died. We are claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000), and family allowance (reasonable allowance for maintenance of family during administration of estate, generally up to one year). (A.R.S. 14-2401-03). I am We are 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 of court and case number) . © Superior Court of Arizona in Maricopa County PBSE12f - 050115 ALL RIGHTS RESERVED Page 2 of 5 Case No. The person who died had no will, and I am entitled to the property by 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 surviving spouse, or there is a surviving spouse but he or she is not my parent and the deceased had separate or community property; I am the parent of the person who died, and there is no surviving child, spouse or parent; I am a brother or sister of the person who died, and there is no surviving spouse, child or parent. The person who died had no will, and we are entitled to the property by law because (check one box) We are children of the person who died, and there is no surviving spouse, or there is a surviving spouse but he or she is not our parent and the deceased had separate or community property; We are a brother(s) and/or sister(s) of the person who died, and there is no surviving spouse, child, or parent. The person died without a will and I am We are the sole heir(s). The person died without a will and the people with equal or greater right than I have to the property have 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 without a will and the people with equal or greater right than we have to the property have assigned their entire interests in the estate to all of us. This assignment is proven by the copy(ies) of the signed documents, which we attached 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/us. The person died and left a valid will, and the people with equal or greater right than I have to the property assigned their entire interest in the estate to me. This assignment is proven either by the copy of the signed document attached to this affidavit or I signed this affidavit indicating their interest in the property. The person died and left a valid will, and the people with equal or greater right than we have to the property assigned their entire interest in the estate to us. This assignment is proven by the copy of the document(s) attached to this affidavit or we have signed this affidavit indicating their interest in the property. 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 person who died estate. © Superior Court of Arizona in Maricopa County PBSE12f - 050115 ALL RIGHTS RESERVED Page 3 of 5 Case No. OATH OR AFFIRMATION. • I certify under penalty of perjury that the contents of this affidavit are true and correct. ___________________________ ________________________ _____________________ Signature of Person Making Affidavit Printed Name of Person Date STATE OF COUNTY OF Subscribed and sworn to or affirmed before me this: by (date) . (notary seal) Deputy Clerk or Notary Public (If more than 1 beneficiary/transferee, please sign below) • I certify under penalty of perjury that the contents of this affidavit are true and correct. ___________________________ ________________________ _____________________ Signature of Person Making Affidavit Printed Name of Person Date STATE OF COUNTY OF Subscribed and sworn to or affirmed before me this: by (date) . (notary seal) Deputy Clerk or Notary Public © Superior Court of Arizona in Maricopa County PBSE12f - 050115 ALL RIGHTS RESERVED Page 4 of 5 Case No. • I certify under penalty of perjury that the contents of this affidavit are true and correct. ___________________________ ________________________ _____________________ Signature of Person Making Affidavit Printed Name of Person Date STATE OF COUNTY OF Subscribed and sworn to or affirmed before me this: by (date) . (notary seal) Deputy Clerk or Notary Public • I certify under penalty of perjury that the contents of this affidavit are true and correct. ___________________________ ________________________ _____________________ Signature of Person Making Affidavit Printed Name of Person Date STATE OF COUNTY OF Subscribed and sworn to or affirmed before me this: by (date) . (notary seal) Deputy Clerk or Notary Public © Superior Court of Arizona in Maricopa County PBSE12f - 050115 ALL RIGHTS RESERVED Page 5 of 5