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A.R.S. §§ 11-1133 and 11-1137(B) require all buyers and sellers of real property or their agents to complete and attest to this Affidavit. Failure to do so constitutes a class 2 misdemeanor and is punishable by law.
For purposes of the affidavit, the county of filing is the county where the property is physically located. When the affidavit is filed, it must be accompanied by a certified copy of the death certificate, along with the original will (if there is one).
This affidavit of disclosure is recorded and requires disclosure by the seller of such things as whether there is physical access to the property and the availability of utilities.
The Affidavit is used only to transfer title of a deceased person's real property, including a debt secured by a lien on real property.
Unlike many other states, Arizona does not impose a state transfer tax on real estate transactions, which can alleviate some of the financial burden for property sellers. Still, you may have questions about transfer taxes and how they work.
A.R.S. §§ 11-1133 and 11-1137(B) require all buyers and sellers of real property or their agents to complete and attest to this Affidavit. Failure to do so constitutes a class 2 misdemeanor and is punishable by law.
Arizona. Taxes capital gains at the same rate as income, a flat 2.5%.
Property taxes are due and payable in two installments: The Seller is responsible for all taxes due or delinquent up until the closing date. The Buyer is responsible for all taxes due after the closing date. A proration is a proportionate share of an expense, charged to the party responsible at time of closing.
First, if the home is your primary residence AND you have lived in the home for at least two of the last five years, you may be able to avoid capital gains taxes. For single sellers, the first $250,000 made from the sale of the home will be exempt from capital gains taxes. For married couples, that goes up to $500,000.
Arizona. Taxes capital gains at the same rate as income, a flat 2.5%.