An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit for Collection of Real Property of Decedent - Arizona , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s).
The Gilbert Arizona Affidavit for Collection of Real Property of Decedent is a legal document used in the state of Arizona to facilitate the transfer of real property from a deceased individual's estate to their rightful heirs or beneficiaries. This affidavit is specifically designed for situations where the value of the decedent's real property does not exceed $100,000. The purpose of the Gilbert Arizona Affidavit for Collection of Real Property of Decedent is to avoid the need for a formal probate process, which can be time-consuming and expensive. By using this affidavit, the legal transfer of property can be accomplished efficiently and with minimal legal intervention. The affidavit must be completed by the person entitled to property under the provisions of Arizona Revised Statutes section 14-3971. This person, referred to as the "affine," is typically a surviving spouse, child, grandchild, parent, or sibling of the decedent. Key information included in the Gilbert Arizona Affidavit for Collection of Real Property of Decedent includes: 1. Decedent's details: The affidavit starts with providing the decedent's full legal name, date of death, and the county where the decedent resided at the time of their passing. 2. Property information: The affidavit must list all the real property owned by the decedent that is subject to transfer. This includes their full legal descriptions as recorded in official records. 3. Affine's qualifications: The affine must specify their relationship to the decedent and affirm that they are entitled to the property under Arizona law. 4. Affine's statements: The affine must make several declarations, affirming that the decedent's estate doesn't require formal probate proceedings, that they are willing to take responsibility for the property's distribution, and that there are no outstanding debts or liens against the property. 5. Signatures and notarization: The affidavit requires the affine's signature and a notary public's acknowledgment, confirming the affine's identity and the voluntary nature of the affidavit. If the value of the decedent's real property exceeds $100,000 or if there are other complexities in the estate, the Gilbert Arizona Affidavit for Collection of Real Property may not be applicable. In such cases, a formal probate process may be required, and legal assistance is highly recommended. It's important to note that this description is specific to Gilbert, Arizona, and other cities or states may have different requirements and affidavits for the collection of real property of a decedent. It is always advisable to consult with a qualified attorney or legal professional to ensure compliance with local laws and regulations.
