The Maricopa Arizona Affidavit of Death of Joint Tenant is a legal document used to transfer ownership of real estate property when one of the joint tenants passes away. This affidavit is specific to Maricopa County, Arizona, and is an important tool in the probate process. In Maricopa County, when two or more individuals jointly hold the title to a property, they are referred to as joint tenants with rights of survivorship (TWOS). This means that when one joint tenant dies, their ownership interest automatically transfers to the surviving joint tenant(s) without the need for probate. The Maricopa Arizona Affidavit of Death of Joint Tenant must be completed and signed by the surviving joint tenant(s) in order to officially remove the deceased tenant's name from the property title. This document acts as proof of the deceased tenant's passing and allows the property to be legally transferred solely to the surviving joint tenant(s). It is important to note that there are different types of Maricopa Arizona Affidavits of Death of Joint Tenant, depending on the specific situation: 1. Maricopa Arizona General Affidavit of Death of Joint Tenant: This is the standard affidavit used when one joint tenant passes away, and there are no complications or disputes regarding the transfer of ownership. 2. Maricopa Arizona Affidavit of Death of Joint Tenant with Will: This type of affidavit is used when the deceased joint tenant had a valid will, and the transfer of ownership needs to be carried out according to the instructions outlined in the will. 3. Maricopa Arizona Affidavit of Death of Joint Tenant without Will: In cases where the deceased joint tenant did not have a valid will, this affidavit is used to transfer the ownership of the property based on Arizona laws of intestacy. 4. Maricopa Arizona Affidavit of Death of Joint Tenant as Community Property with Right of Survivorship: This type of affidavit is used when the joint tenants were married and held the property as community property with the right of survivorship. It facilitates the transfer of ownership to the surviving spouse. It is important to consult with an attorney or a real estate professional experienced in Arizona laws to determine the specific type of affidavit required and to ensure that all legal requirements are met when using the Maricopa Arizona Affidavit of Death of Joint Tenant.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.