This deed, or deed-related form, is for use in property transactions in the designated state. This document, a sample Warranty Deed to Community Property w/rights of survivorship - Arizona, can be used in the transfer process or related task. Adapt the language to fit your circumstances. Available for download now in standard format(s).
Phoenix Arizona Warranty Deed to Community Property with rights of survivorship
Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-REAL-13
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Warranty Deed To Community Property With Rights Of Survivorship?
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FAQ
Arizona is a community property state.
In Arizona, there are different ways to title property, including: A Joint Tenancy with Right of Survivorship involves two or more owners who each have an equal and undivided interest. If one owner dies, the surviving partners take the deceased owner's share in the property.
Like joint tenancy, community property with the right of survivorship also grants the surviving spouse full ownership of the property. Arizona is one of only five states that have community property with the right of survivorship laws.
Upon the death of one spouse, every asset that is community property is divided in half. One half of the property is retained by the surviving spouse and the other half is passed down to the heirs of the deceased spouse, either by will or trust or by intestacy.
Community Property with Right of Survivorship is an estate planning tool that attempts to avoid probate issues by automatically transferring the deceased spouse's one-half interest in the property to the surviving spouse. This is similar to Joint Tenancy with Right of Survivorship. A.R.S. 33-431.
A survivorship deed, or a joint tenancy with right of survivorship, is much more difficult to contest than a will bequeathing property to beneficiaries. However, one circumstance in which a survivorship might be successfully contested is when the document granting right of survivorship has not been properly drafted.
Arizona law recognizes four types of legal title to real property when it is owned by two or more persons: Tenants in Common, Joint Tenancy with Right of Survivorship, Community Property, and Community Property with Right of Survivorship.
In Arizona, if you are married, and you die without a valid Will, your surviving spouse will inherit your one-half of the community property and all of your separate property if you have no children or if you have children only from your current marriage.