INSTRUCTIONS FOR USING REAL PROPERTY AFFIDAVIT 1. The decedent must be deceased more than six months prior to the filing of the Affidavit. 2. Only ONE decedent per application. 3. You must file a certified copy of the death certificate with the Affidavit. 4. If you have a Will or know of a Will, you must file the original Will with your Affidavit. (You can request certified copies of the original Will upon filing it with the Clerk’s Office) 5. If there is an existing probate, you must use ancillary procedures listed below. 6. You must pay a filing fee of $256.00 and a certification fee of $26.00, for a total of $282.00 upon filing of the Affidavit, made payable to CLERK OF SUPERIOR COURT. The Affidavit, Death Certificate and Will, plus one copy of all papers along with the filing fee should be mailed to: CLERK OF SUPERIOR COURT PO BOX 7000 KINGMAN AZ 86402-7000 7. You must send an additional fee of $14.00, made payable to Mohave County Recorder. ( If more than 5 pages, please add $1.00 per page). 8. You cannot use the Affidavit if the assessed value of the real property is valued at more than $75,000.00. The value of the decedent’s interest shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died. 9. This office cannot give you legal advice. If you are in doubt, you should contact an attorney and follow his or her instructions. ANCILLARY PROBATE PROCEDURES § You may file a Proof of Authority A.R.S. 14-4204. The document is available on our website at www.mohavecourts.az.gov. Then go to Probate, Miscellaneous Probate Documents, and Proof of Authority. You will need to attach a certified copy of the Letters issued to you from the Probate Court as well as a certified copy of the bond (if there was one posted). Filing fees are listed above in items 6 and 7. This procedure does not transfer the property title, it only gives you the authority to prepare a deed to transfer the property title. Revised: 4/14/2011 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com For Clerk’s Use Only Name of Person Filing: _______________________________________ Mailing Address: _______________________________________ City, State, Zip Code: _______________________________________ Daytime Phone Number: _______________________________________ State Bar Number (if applicable: _____________________________________ Represented by: Self (no Attorney) or Attorney SUPERIOR COURT OF ARIZONA MOHAVE COUNTY In the Matter of the Estate of: Case Number: AFFIDAVIT FOR TRANSFER OF REAL PROPERTY TITLE (deceased) STATE OF ARIZONA COUNTY OF MOHAVE ) )ss. ) I am signing this affidavit, being first duly sworn, and on my oath I state as follows: 1. INFORMATION ABOUT PERSON WHO DIED. (Name of person who died) died on (date) ___________. 2. PLACE OF DEATH. (Check one box) At the time of death, decedent was living in Mohave County in Arizona, OR At the time of death, decedent was not living in Mohave County but was living at (city and state) , and owned real property located in Mohave County in Arizona. 3. RELATIONSHIP. This is my relationship to the person who died: (explain) _____________________________________________________________________________ _____________________________________________________________________________ 4. DESCRIPTION OF REAL PROPERTY. The legal description as written on the Deed of Title of the real property located in Mohave County Arizona is: _____________________________________________________________________________ _____________________________________________________________________________ 5. INTEREST IN PROPERTY OF PERSON WHO DIED. The interest of the person who died in the real property is (list how person who died had title to the property or other interest in the property). _____________________________________________________________________________ _____________________________________________________________________________ Revised: 4/14/2011 Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case No.________________________ 6. VALUE 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 decedent's death, does not exceed $75,000.00. 7. SIX MONTH REQUIREMENT. Six months have elapsed since the death of the person who died 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 $75,000.00 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 AM ENTITLED TO THE PROPERTY. That the person(s) signing the affidavit are entitled to the real property because (check the boxes that apply): I am decedent’s spouse and I am claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000.00) and family allowance ($12,000.00). (A.R.S. 14-2401 through 14-2405) There is no surviving spouse of the decedent and I am the living dependent or minor child of the person who died. I am claiming the allowance in lieu of homestead ($18,000.00) exempt property ($7,000.00), and family allowance (reasonable allowance for maintenance of family during administration of estate, generally up to one year). (A.R.S. 14-2401-03). All other dependent children of my parent with equal or greater right than I have to the property, who are listed above, 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. I am 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 court and case number______________________________________. The person who died had no will, but I am entitled to the property under law because (check one box) I am the spouse of the person who died; I am a living child of the person who died, and there is no living spouse; I am the living parent of the person who died, and there are no living children or spouse; I am a living brother or sister of the person who died, and there are no living children, spouse, or parents. The person died without a will and I am the sole heir. The person died without a will and the people 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 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 and left a valid will giving the entire estate to me. The person died and left a valid will and the people 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 documents they signed to this effect that I am attaching to this affidavit or have signed this affidavit indicating their interest in the property. Revised: 4/14/2011 Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case No.________________________ 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 estate of the person who died. 13. TRUE STATEMENTS. All statements in this affidavit are true and material. I acknowledge that any false statement may subject me to penalties relating to perjury. Signature of Affiant _________________________________ SUBSCRIBED AND SWORN TO before me on this My commission expires: _________________ day of Date _____________________ , _________. ______________________________________ Notary Public/Deputy Clerk The original Will or a certified copy of a previously probated Will and a certified copy of the death certificate must be attached to this Affidavit. Revised: 4/14/2011 Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com