Affidavit of Collection of Real Property

As of September 12, 2013, the affidavit is authorized for collecting an interest in up to $100,000 in real property. 

 

Collection of Real Property by Affidavit can only take place six months after the decedent dies.  First, the affidavit is signed by the heir or devisee.  Then it is filed with the court and reviewed by the probate registrar.  The role of the probate registrar is to authorize a certified copy of the affidavit of collection of real property to be recorded by the county recorder.  Once a certified copy of the affidavit is recorded by the county recorder, the title to the property changes to the affiant.

 

The statute authorizing collection of real property by affidavit is ARS 14-3971

 

The template for an affidavit for collection of real property is Affidavit of Succession to Real Property

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