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Fill and Sign the Real Property of Decedent Form

Fill and Sign the Real Property of Decedent Form

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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__________________________________________________________________________________PR2COLSTATE OF ARIZONA ) )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: _________________________________________________________________________I. 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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