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Real Property of Decedent

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AFFIDAVIT FOR COLLECTION OF REAL PROPERTY OF DECEDENT

Name:

Address:

City, State, Zip:

Telephone:

State Bar Code:

Client:

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
In and for the County of

IN RE: THE MATTER OF:

CASE NO.

Petitioner

AFFIDAVIT FOR COLLECTION OF
REAL PROPERTY OF DECEDENT

[ ] Adult [ ] Minor

STATE OF ARIZONA

PR2COL

) ss

County of

I am signing this affidavit, being first duly sworn, and on my oath I state as follows:

1.

NAME

OF

DECEDENT:

DATE OF DEATH:

In Maricopa County Arizona, which is more than six months before I am signing this affidavit, as shown in the attached certified copy of decedent's death certificate

Social Security No:

1. This is my relationship to the person who died: (explain)

1. Check one box:

At the time of death, decedent was living in Maricopa County in Arizona, OR

At the time of death, decedent was not living in Arizona but was living at (city and state)

and owned real property located in Maricopa County in Arizona.

1. Description of Real Property

5. 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)

6. The 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 (check whichever box applies to you):

$50,000.00. I am not a spouse or surviving dependent child of the deceased person.

The total of the following amounts for allowances under law in effect on the date my spouse/parent died in Arizona:

A. As of 1/1/95 up to $18,000 to spouse or if no spouse amount to be divided by living dependent children--the amount allowed instead of homestead under A.R.S. 14-2401 AND ALSO,

B. As of 1/1/95, up to $7,000, not counting liens, to spouse, or if no spouse to be divided by living dependent children--the amount allowed as exempt property (household furniture, automobiles, furnishings, appliances, personal effects) under A.R.S. 14-2402 AND ALSO

C. As of 1/1/95, a reasonable allowance for maintenance of family during administration of estate, generally up to one year--the amount allowed as family allowance under A.R.S. 14-2403.

7. This is my legal standing to file this affidavit:

I am named in the will dated of the person who died, the original of which is attached to this affidavit, or a 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)

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.

8. Here are the other people who to the best of my knowledge have equal or more right to the property of the person who died:

NAME

RELATIONSHIP TO DECEDENT PERSON

RELATIONSHIP TO ME

9. This is why I am entitled to the property (check ONE box)

I am the spouse of the person who died, and I am claiming the property under allowances described above;

I am the living dependent child of the person who died, and I am claiming the property under allowances described above, and the 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.

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, who are listed above, 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.

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, who are listed above, 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.

10. To the best of my knowledge, no other person has a right to the interest of the decedent in the described real property.

11. To the best of my knowledge, no one has filed an Application or Petition for Appointment of a Personal Representative and no Application or Petition has been granted in any jurisdiction.

12. To the best of my knowledge, all funeral expenses, expenses of last illness, and all unsecured debts of the person who died have been paid.

13. To the best of my knowledge, no federal or Arizona estate tax is due on decedent's estate.

14. All statements in this affidavit are true and material and further acknowledge that any false statement may subject me to penalties relating to perjury and subornation of perjury.

The undersigned have read the foregoing affidavit and know of our own knowledge that the facts stated therein are true and material. The undersigned acknowledge that any false statement may subject the under-signed to penalties of perjury and subornation of perjury.

Signature of

SUBSCRIBED AND SWORN this date:

Notary

Public

(seal)

NOTICE:

Pursuant to ARS 14-3971 (E), a purchaser of real property or lender to a person designated as a successor in a certified copy of this affidavit and recorded in the county where the real property is located is entitled to the same protection as a purchaser or lender from a distributee who has received a deed of distribution from a personal representative.

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Understanding Real Property of Decedent

A Real Property of Decedent document records ownership and transfer details for real estate following a person's death. It summarizes the decedent's interest in land, the chain of title, liens or mortgages, and any testamentary provisions affecting the parcel. This document is used during probate or nonprobate transfer to confirm legal description, identify heirs or devisees, and support recording at the county recorder. Clear, accurate drafting prevents delays in title transfer, limits disputes among beneficiaries, and provides the factual basis for deeds, release instruments, or estate closings.

Why a Clear Real Property of Decedent Record Matters

Providing a precise account of decedent-owned real property reduces probate friction, protects title marketability, and documents obligations such as mortgages or property taxes. Properly prepared records make probate administration more efficient and reduce the risk of later challenges.

Why a Clear Real Property of Decedent Record Matters

Who typically prepares or relies on this document

Several professionals and parties rely on Real Property of Decedent documents when administering or transferring estate real estate.

  • Estate executors and administrators responsible for inventorying assets and producing transfer instruments for probate court or beneficiaries.
  • Estate and real estate attorneys who prepare deeds, advise on title issues, and coordinate recording with the county recorder.
  • Title companies and closing agents that verify ownership, identify liens, and issue title commitments for sale or transfer.

Accurate documentation benefits lenders, purchasers, and heirs by creating a clear path to recordable title and minimizing post-transfer disputes.

Step-by-step: preparing the property record for probate or transfer

Follow these steps in order to assemble a complete, recordable property report for the estate file.

  • 01
    Identify property: Locate deeds, tax statements, and parcel numbers for each real property asset.
  • 02
    Gather title documents: Collect prior deeds, mortgages, release instruments, and recent title commitments.
  • 03
    Draft summary: Prepare a clear legal description, list encumbrances, and state intended disposition.
  • 04
    Execute and file: Obtain signatures, notary or witness acknowledgements, then record as required by county.

Essential elements to include in a professional property of decedent record

A comprehensive property record anticipates title questions and provides the factual basis for transfers, recording, and tax reporting.

Decedent identity

Full legal name, date of death, last known address, and any aliases used in recorded instruments to ensure correct matching in title searches.

Recorded legal description

Exact metes-and-bounds or lot/parcel description as shown in the recorded deed; necessary for accurate county recording and avoiding ambiguous conveyances.

Title history

Summary of chain of title with key deed references, recording book/page or instrument numbers, and dates to document legal succession.

Liens and encumbrances

List mortgages, tax liens, judgments, easements, or covenants with recording citations and outstanding balances when available.

Disposition plan

State whether transfer occurs by probate distribution, beneficiary deed, life estate, or other method, and identify recipients precisely.

Execution details

Specify signer names, dates, notary acknowledgements, witness statements, and where the instrument will be recorded to support enforceability.

Security and integrity considerations for estate real property records

Encryption: TLS 1.2/1.3; AES-256 at rest
Audit trail: Tamper-evident, timestamped actions
Access controls: Role-based permissions and SSO
HIPAA support: BAA available where needed
Retention: Secure archival with versioning
Authentication: Multi-factor signer verification

Key risks when the property record is incorrect or incomplete

Title defects: Clouded title risk
Probate delays: Administration holds
Tax exposure: Estate or income tax issues
Recording rejection: County refuses instrument
Beneficiary disputes: Litigation expense
Mortgage liability: Outstanding debt remains

How electronic preparation and submission typically flows

Electronic workflows streamline collaboration between executors, attorneys, title companies, and county recorders when permitted.

  • Prepare document: Create PDF with complete legal description and attachments.
  • Assign fields: Position signature, date, and notary blocks for each signer.
  • Authenticate signer: Use email, SMS code, or advanced verification as required.
  • Store and record: Save signed PDF and record originals at county recorder.

Typical eSubmission workflow settings for property transfer documents

Configure these settings to match authentication and recording requirements before sending documents for signature.

Field Configuration
Signer authentication Email + SMS code or KBA where required
Notary integration Enable RON or in-person acknowledgement
Document retention Encrypted archival with audit trail
Recording export Flatten signed PDF for county upload

Common deadlines affecting property transfer after death

Several filing and reporting deadlines may affect estate administration, tax reporting, and recording; confirm dates with counsel and county offices.

Probate petition filing:

File within state-specified period; many administrators commence probate promptly to preserve assets.

Estate tax return:

Federal estate tax return typically due within nine months of death for estates meeting filing thresholds.

Final income tax return:

Executor files decedent's final Form 1040 by the usual federal due date (April 15) unless extended.

Information reporting:

1099 and other information returns follow standard IRS deadlines, often Jan 31 or March 31 depending on type.

Recording of deed:

Record deeds promptly after execution to protect priority and notice rights.

Practical tips for accurate and efficient completion

Adopt these practices to reduce rework, speed filing, and improve title outcomes when handling decedent property.

Verify recorded references
Cross-check deed book/page or instrument numbers against county records and include the exact legal description to prevent recording rejections or title objections.
Match legal names
Use the decedent's exact legal name and any aliases used on recorded instruments; discrepancies can trigger additional affidavits or court proof.
Document encumbrances
List liens, mortgages, tax levies, and judgments with recording citations and include payoff instructions to ensure clear title upon transfer.
Coordinate with recorder
Confirm county-specific formatting, margin, and cover sheet requirements before submitting to avoid recording delays.

eSignature vendor comparison for signing and routing estate property documents

Below is a concise pricing and capability comparison focused on core eSignature features relevant to property transfer workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about property transfers for decedents

Answers address common execution, notarization, recording, and eSignature concerns when handling decedent real estate.


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