Affidavit of Surviving Joint Tenant - Arizona

AFFIDAVIT OF SURVIVING JOINT TENANT

(Affidavit Evidencing Termination of Joint Tenancy by Death — A.R.S. § 33-431(F))

State of Arizona

Recording Requested By:
_____________________________________________

When Recorded Mail To:
_____________________________________________
_____________________________________________
_____________________________________________

Mail Tax Statements To:
_____________________________________________
_____________________________________________
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF ARIZONA
COUNTY OF _________________

The undersigned Affiant, being first duly sworn under oath, deposes and states:

ARTICLE I: AFFIANT

Section 1.1 Affiant Identification

1. My name is _________________________________ ("Affiant"). I reside at _____________________________________________. I am over the age of eighteen (18) years, am of sound mind, am competent to make this Affidavit, and have personal knowledge of the facts stated herein.

2. I am one of the surviving joint tenants named in the vesting deed described below, and I am the same person who, together with the Decedent and any other surviving joint tenant(s), took and held title to the real property described in Exhibit A as joint tenants with right of survivorship.

ARTICLE II: SWORN STATEMENTS (A.R.S. § 33-431(F))

Section 2.1 The Decedent

3. _________________________________ ("Decedent"), a joint tenant, died on [__/__/____]. The cause of death of the Decedent was _________________________. A certified copy of the Decedent's death certificate is attached hereto and recorded herewith, as required by A.R.S. § 33-431(F)(2).

Section 2.2 The Vesting Deed

4. By _________________________ [type of instrument], the Decedent and the Affiant (and any other surviving owner(s) named below) acquired and held title to the real property described in Exhibit A as:

☐ Joint tenants with right of survivorship (A.R.S. § 33-431(B))
☐ Married persons, as community property with right of survivorship (A.R.S. § 33-431(C))

said vesting instrument being recorded on [__/__/____] in the Office of the County Recorder of _________________ County, Arizona, at:

☐ Book _______, Page _______
☐ Recording / Instrument No. _________________________

Section 2.3 The Property

5. The real property affected by this Affidavit is situated in _________________ County, Arizona, and is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Assessor's Parcel Number (APN): _____________________________________________

Section 2.4 Affiant Is the Surviving Joint Tenant

6. The Affiant is a surviving joint tenant and is the identical person named as a grantee in the vesting instrument described in Section 2.2.

Section 2.5 Survivorship Vesting

7. Upon the death of the Decedent, by operation of the right of survivorship under A.R.S. § 33-431, the interest of the Decedent in the Property terminated and was extinguished, did not become part of the Decedent's probate estate, and did not pass to the Decedent's heirs or devisees. Full title to the Property vested in the surviving owner(s):

If more than two original joint tenants: Where there are more than two joint tenants, the death of one extinguishes only that decedent's interest, and the joint tenancy and right of survivorship continue among the remaining surviving joint tenants (cf. A.R.S. § 33-431(E)).

Section 2.6 No Severance or Revocation

8. The joint tenancy with right of survivorship was not severed, terminated, or revoked during the joint lives of the Decedent and the Affiant by deed, recorded affidavit terminating right of survivorship, a divorce or other event described in A.R.S. § 14-2804, levy, judgment, or otherwise, and remained in full force and effect at the time of the Decedent's death.

Section 2.7 Estate / Inheritance Tax and Liens

9. Affiant further states:

☐ Arizona imposes no state estate tax and no state inheritance tax; no Arizona death-tax lien, waiver, or clearance is required for this transfer.
☐ All federal estate tax (if any) due by reason of the Decedent's death has been or will be paid, and no federal estate tax lien encumbers the Property.
☐ To Affiant's knowledge, the Property is free of liens and encumbrances arising from the Decedent's death, except: _____________________________________________

ARTICLE III: STATUTORY BASIS AND REQUEST TO RECORD

Section 3.1 Statutory Basis

This Affidavit is made pursuant to and in accordance with:

• A.R.S. § 33-431(B), (C) (creation of joint tenancy / community property with right of survivorship);
• A.R.S. § 33-431(F) (recordation of affidavit and death certificate to evidence termination of joint tenancy by death);
• A.R.S. § 11-480 (recording requirements) and A.R.S. § 33-411 (effect of recording).

Section 3.2 Purpose; Request to Record

This Affidavit is made to evidence of record the termination by death of the Decedent's joint tenancy with right of survivorship and the vesting of full title in the surviving owner(s), and to remove the Decedent from the record chain of title. Affiant requests that this Affidavit, together with the attached certified death certificate, be recorded in the Office of the County Recorder of _________________ County, Arizona, to clear title to the Property.

Section 3.3 Reliance

This Affidavit is made with full knowledge that title insurers, the County Recorder, prospective purchasers, lenders, and other interested parties will rely upon the statements made herein.

ARTICLE IV: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

I declare under penalty of perjury and under oath that the foregoing statements are true and correct to the best of my knowledge and belief.

_____________________________________________
Signature of Affiant

_____________________________________________
Printed Name of Affiant

Date: [__/__/____]

JURAT

STATE OF ARIZONA
COUNTY OF _________________

Subscribed and SWORN TO before me this _____ day of _________________, 20_____, by _________________________, who is:

☐ personally known to me, OR
☐ proved to me on the basis of satisfactory evidence

to be the person whose name is subscribed to the foregoing Affidavit, and who, being first duly sworn by me, executed and swore to the same.

WITNESS my hand and official seal.

_____________________________________________
Notary Public Signature

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Address: _____________________________________________

Assessor's Parcel Number (APN): _____________________________________________

Source of Title (Vesting Instrument): Book _______, Page _______, or Recording/Instrument No. _______________, Official Records of _________________ County, Arizona.

ATTACHMENT

CERTIFIED DEATH CERTIFICATE ATTACHED (A.R.S. § 33-431(F)(2)). A certified copy of the Decedent's death certificate is attached to this Affidavit and recorded together herewith.

☐ Certified death certificate attached and recorded herewith

ARIZONA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

Arizona Transfer Taxes

Arizona does not impose a state real estate transfer tax (Ariz. Const. art. IX, § 25). No transfer-tax form is required for an Affidavit of Surviving Joint Tenant. Recording an "Affidavit of Property Value" is not required for a transfer evidencing the termination of a joint tenancy by death.

Important Arizona Notes

1. Cause of death is required. A.R.S. § 33-431(F)(1) expressly requires the cause of death of the deceased joint tenant to be stated; omitting it may cause the recorder to reject the affidavit.

2. Attach the death certificate. A certified death certificate must accompany and be recorded with the affidavit (A.R.S. § 33-431(F)(2)).

3. Confirm survivorship vesting. The affidavit clears title only if the vesting instrument created a joint tenancy with right of survivorship (A.R.S. § 33-431(B)) or community property with right of survivorship (A.R.S. § 33-431(C)). Arizona presumes tenancy in common otherwise (A.R.S. § 33-431(A)).

4. Legal counsel. Consultation with a licensed Arizona attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

_____________________________________________
Arizona Bar Number (if applicable)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Arizona attorney before using this form.