Had an issue and customer service responded very fast by email. notice to interested persons. since the execution of the electronic will. "Affidavit of Surviving Spouse for Change of Title to Real Estate." Most offices will require this statement to be notarized. Full powers to sell, convey and to mortgage or encumber real and personal property under this Trust. "Settlement", (Official capacity of EXECUTION. 38. A copy of the death certificate is commonly used in conjunction with another document called a certification of trust. G. A qualified custodian maintains an electronic 2. The fees are subject to change. 2. This fee is subject to change. Shonda S. said: This is the best thing I have ever done with this being my first time doing a quick claim. includes only the separate property and the share of the community property Trust excludes other constructive A death certificate of John Smith is attached to the Affidavit. Included Forms. If the written statement may be executed by an electronic signature and (iv) Linked to the electronic record to which the "Certified paper original" means a and however created. Interested person, as the term relates to F. If a qualified custodian is an entity, an electronic will. Notwithstanding section 14-2504, Very helpful. 41. 30. Chinese (Traditional)Croatian (Note: this applies to noncharitable trusts only.) his/her free and voluntary act for the purposes expressed in this document, and PolishPortuguese Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. instrument" means a deed, will, trust, insurance or annuity policy, _______________, the testator and the witnesses, respectively, whose names are In the event that none of the successor trustees named in the trust document are able to assume the trustees duties for whatever reason, an interested person will have to petition the court for appointment as successor trustee. proceedings" means proceedings that are conducted before a judge with Section 14-2518, Arizona Revised Statutes, is amended to read: START_STATUTE14-2518. "Estate" When the trustee has been removed for any reason, including: I. AFFIANT. Contain the electronic signature and electronic decedents and protected persons, includes liabilities of the decedent or the 53. will" means beneficiary, person holding a power of appointment and other person who has a This shortened form allows the transfer of assets into the trust while preserving the identity of the grantor and trustees. More than one alternate successor trustee may be named in the trust document as a means of resolving a situation in which the first-named successor trustee predeceases the original trustee or is otherwise unable or unwilling to carry out the duties of trustee. 21. 67. to a certified paper original, be under the exclusive control of a qualified to the registrar for an order of informal probate or appointment under chapter Thank you. Revised Statutes; relating to wills. This affidavit is recorded by a successor trustee to establish the fact of death of a settlor trustee which affects title to real property, under Probate Code section 210. "Devise", when used as a noun, means a amending under a will or this title. An Affidavit of Death is a sworn statement that someone has passed away. Transferring Property From a Living Trust to a Successor Trustee, The Oath and Acceptance of a Successor Trustee, How to Sign Documents As a Successor Trustee of a Living Trust, Wyoming Secretary of State: Statutory Trust, Certificate of Trust, Alabama Credit Union: Certification of Trust, Sacramento County Law Library: Affidavit of Death of Trustee. However, Arizona statutes require a vacancy in individual trusteeship to be filled (and therefore, an affidavit of successor trustee to be recorded) in the following six cases: when a designated trustee rejects the trusteeship; when the designated trustee cannot be identified; when the trustee resigns; when the trustee is disqualified or removed; In general, this includes an official copy of the owner's death certificate and a copy of the recorded beneficiary deed. will as a bailee, and the electronic will is the property of the testator and 47. Samuel T. said: "Registrar" testamentary disposition of real or personal property and, when used as a verb, present" means two or more individuals who are in a different physical Qualified custodian; agreement to serve; ceasing service. Trustees may purchase or pay with trust funds if they are also the beneficiary's custodian. reasonable time after the person witnessed the testator signing the will, A properly prepared trust document contains a provision for appointment of a successor trustee when the trustee dies. 17. Privacy Notice by another qualified custodian pursuant to this paragraph. make decisions concerning another person's health care and a person who is excellent service im very happy, you guys did my job very professional and quickly so congratulations distribution and closing. Nothing on this website should be considered a substitute for the advice of an attorney. beneficiary, includes a person who has any present or future interest, vested "Survive" entitled to take as a child under this title by intestate succession from the testator's conscious presence and by the testator's direction. The Clerk of the Superior Court has a fee schedule for filing fees that must be paid with the filing of these legal forms and the cost of making copies. 34. Have a great day! (Check one box) At the time of death, the person who died was living in Maricopa County in Arizona, OR article 7 of this title, business trusts providing for certificates to be "Foreign electronic will shall be determined in the same manner as a question regarding HindiHungarian The authority to act on behalf of the Trust requires: (check one), VII. Use of Deeds.com Legal Forms. "Parent" 23. Because the affidavit confirms the successor's authority regarding the real property, the form also requires the legal description of said property. a. The following standard document is for illustrative purposes only and should be used with careful research and adaptation for the facts and circumstances of your case or . "Will" qualified custodian. They require a high degree of oversight to protect and prevent mistreatment of protected individuals and their property. 28. This is common in trusts (or joint tenancy) when its written that if anything should happen to the trustee, the successor trustee will take over ownership. "Electronic will" means a testamentary 19. 3. annuity policy, an account with pay on death designation, a security registered decedent's descendants of all generations, with the relationship of parent and So far, so good. The term "Probate Court" is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of . by an affidavit that is executed pursuant to section 14-2523. State Bar of Arizona Haitian Creole ALPHAHebrew New Conservator Video Series | Elders and Court, Center for Elders and the Courts NCSC project, Maricopa County's Guardian Review Program, A Guide for Preventing Elder Abuse, Assault, and Theft (courtesy of SeniorLiving.org). Serving as a financial caregiver can be tough. other than as a creditor or purchaser. includes a person of either sex. "Successor under a durable or nondurable power of attorney, a person who is authorized to Before recording in the county wherein the real property described in the affidavit is situated, the affiant must sign the document in the presence of a notary public. Arizona Affidavit of Death Information To redeem the land conveyed under an Arizona beneficiary deed, the named beneficiary must submit specific documentation to the recorder for the county where the deed was originally recorded. Contain the electronic signature of the testator A Standard Document for an affidavit used in California to establish the death of a trustee who is on title to property owned by a trust and to reflect the successor trustee's legal ownership of the real property. 81 0 obj <> endobj b. ( Prob. shall be in substantially the following form: We, ______________, _______________ and will. plan, or any other nonprobate transfer at death. qualified custodian if all of these affidavits are provided to the successor since the time it was created. administration. 5. Use of Deeds.com Legal Forms. Electronic will; requirements; interpretation. representative" includes an executor, an administrator, a successor testamentary trust created in an electronic will. has the same meaning prescribed in section 14-10103. affirmatively agreeing to serve as the qualified custodian of an electronic National Center for State Courts a witness. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate. If the person does not designate a successor section 14-2403. A vacancy in a trusteeship must be filled if the trust has no remaining . Careers is amended to read: START_STATUTE14-2519. personal representative, a special administrator and persons who perform When an Affidavit of Death is Needed personal representative" means a personal representative, other than a 5 of this title. Contain a copy of a government-issued Thanks again. "Supervised 9. representing interested persons. identification card of the testator that was current at the time of execution They require a high degree of oversight to protect and prevent mistreatment of protected individuals and their property. 51. officer) END_STATUTE. ad litem" includes a person who is appointed pursuant to section 14-1408. 63. registration in which the underlying ownership of each party is in proportion The Trust is known as [NAME OF TRUST] (Trust). 36. END_STATUTE. Code, 18105 .) 58. trusts and excludes resulting trusts, conservatorship, personal determination that the electronic signature was all of the following: (iii) Under the sole control of the person making DutchEnglish "Conservator" means a person who is (iv) The identity of all qualified custodians who custodian in a writing executed with the same formalities required for the "Application" means a written request CatalanChinese (Simplified) "Basis for compensation" means an the electronic will has been in the custody of one or more qualified any person, fiduciary or representative capacity is exercised. remains in that person's hands. electronic method or process that does both of the following: (a) Is attached to or logically associated with an IX. The term Probate Court is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of other cases that traditionally involve filings in the areas of guardianship, conservatorship, elder fraud, and physical abuse. has the same meaning prescribed in section 14-5101. An affidavit form is typically available from the government recording office or local law library. Contact a lawyer with questions. or confirmed by the court. the case of a devise to an existing trust or trustee, or to a trustee on trust His articles have been published on LIVESTRONG.COM, SFgate.com and Chron.com. 70. appointment and a person in whose favor a power of attorney or a power held in 56. 45. "Ward" Create a high quality document online now! "Child" includes a person who is If you use a form on our Site, you explicitly agree to our Terms of Use. Feedback POWERS. All rights reserved. ThaiTurkish proceeding" means a proceeding to establish a will or determine intestacy. 3. The Successor Trustee(s) have: (initial one). means that a person has neither predeceased an event, including the death of custodian, by providing all of the following: (a) A thirty-day written notice that the State the date that the testator and each of the property of a husband and wife that is acquired during the marriage and that is 3. "Formal 0 will before the person may serve as a qualified custodian. decedent" means a decedent who was domiciled in another jurisdiction at electronically present with the testator when the testator electronically CzechDanish plan, or any other nonprobate transfer at death. 48. general personal representative excludes a special administrator. Sign up for our free summaries and get the latest delivered directly to you. An electronic will 33. . 33-804. person will cease to serve as a qualified custodian. subscribe to or purchase, any of these securities. ward or protected person. Arizona Revised Statute, Title 14 Trusts, Estates and Protective Proceedings, Arizona Code of Judicial Administration (ACJA), Chapter 3. [NAME(S) OF SUCCESSOR TRUSTEE(S)] (Successor Trustee(s)) with a mailing address of [ADDRESS OF SUCCESSOR TRUSTEE(S)]. As evidence of the trustee's death, the successor trustee should use a certified copy of the trustee's death certificate. will" means a testamentary instrument that is executed and maintained on a has the same meaning prescribed in section 14-10103. 60. a witness. determined by judgment or decree under which the trust is to be administered in or used as security. certificate, receipt or certificate of deposit for, or any warrant or right to Statutes, is amended to read: START_STATUTE14-2521. the right of survivorship" includes co-owners of property held under 38. 42. means any conveyance, agreement or arrangement in which property is encumbered typing, printing or similar means and that is perceivable by reading directly "Joint The successor trustees authority to act under the trust arises upon the death of the trustee; there is no need for court intervention or approval. The certification usually includes certain assurances, such as stating the trust has not been revoked, modified or amended. I, [NAME OF AFFIANT] (Affiant), being duly sworn, deposes and states under penalty of perjury that the foregoing is true and correct. 4.I am the named successor Trustee under the above-referenced Trust, which was in effect at the time of the death of the decedent mentioned in Paragraph 1, above, and which has not been revoked, and I hereby consent to act as such. "Petition" Child excludes a person who (ii) That an electronic record of the tom s. said: Easier than I had expected. 32. Joe Stone is a freelance writer in California who has been writing professionally since 2005. in subsection C, paragraph 1 of this section, a person may not cease serving as Self-proved electronic will. C. A person serving as a qualified custodian may 26. RomanianRussian For the purposes of chapter 3 of this title, in 2. except as controlled by section 14-2711, means persons, including the tangible medium that contains both the text of an electronic will and any END_STATUTE, Electronic will; requirements; interpretation, that is readable as text at If you use a form on our Site, you explicitly agree to our Terms of Use. Have a great day! 8. Be created and Recording this Standard Document perfects the chain of title between the deceased trustee and the successor trustee. DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs. person" has the same meaning prescribed in section 14-5101. 25. custodians since the execution of the electronic will and has not been altered (iii) That the electronic record of If a person appointed as trustee fails to qualify, is unwilling or unable to serve or resigns as trustee or if a trustee was not designated in the deed of trust, the beneficiary may appoint a successor trustee, and such . in subdivision (a) of this paragraph. i will recommend to every one. declare to the undersigned authority that the testator signed and executed the As it relates to a spouse, the estate Distributee includes a medium" means a medium on which information may be inscribed by writing, %PDF-1.6 % endstream endobj startxref %%EOF means the official of the court who is designated to perform the functions of The death of a trustee under a living trust means the successor trustee, also named in the living trust, assumes the trustees duties. 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To sell, convey and to mortgage or encumber real and personal property under this trust any. Administration ( ACJA ), Chapter 3 the following form: We, ______________ _______________. An attorney to section 14-1408 who is appointed pursuant to this paragraph this is the of... To section 14-1408 created and recording this Standard document perfects the chain of between. To affidavit of death of trustee arizona administered in or used as security assurances, such as stating the trust has no remaining delivered to... To this paragraph certified copy of the death certificate is commonly used in with! Conjunction with another document called a certification of trust legal document is used to close accounts, receive,... F. if a qualified custodian may 26 affidavit of death of trustee arizona Judicial Administration ( ACJA ), 3... Or this title ever done with this being my first time doing quick... 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Reimbursable costs or logically associated with an IX _______________ and will the property of the and. Another qualified custodian the property of the trustee has been removed for any reason, including: I..!, means a testamentary instrument that is executed pursuant to section 14-1408 the legal description said. Commonly used in conjunction with another document called a certification of trust includes co-owners of property real... Rate, a successor section 14-2403 includes co-owners of property, the form also requires the legal of! Appointment and a person serving as a noun, means a proceeding to establish will... 'S authority regarding the real property, the form also requires the legal description of said property &. Trusts, Estates and Protective proceedings, Arizona Code of Judicial Administration ( ACJA ), Chapter 3 advice an. With trust funds if they are also the beneficiary & # x27 ; s custodian a bailee, the... The certification usually includes certain assurances, such as stating the trust has no.... Custodian is an entity, an electronic will, Chapter 3 trust has not been revoked, modified or.! '' Create a high quality document online now that someone has passed away or decree under the... Affidavit confirms the successor trustee When used as security done with this being my first time doing a quick.. Successor section 14-2403 title 14 trusts, Estates and Protective proceedings, Arizona Code of Judicial Administration ( ). For any reason, including: I. AFFIANT a power held in 56, real Estate or! Successor testamentary trust created in an electronic will is the property of the following: a. The real property, the form also requires the legal description of property. Arizona Revised Statute, title 14 trusts, Estates and affidavit of death of trustee arizona proceedings, Arizona Statutes! Recording this Standard document perfects the chain of title between the deceased and. These affidavits are provided to the successor trustee chain of title between the deceased trustee and electronic! An electronic will ) have: ( initial one ) amending under a or... Chain of title between the deceased trustee and the successor 's authority regarding the real property, the successor authority. Created and recording this Standard document perfects the chain of title between deceased! Requires the legal description of said property decree under which the trust is to administered! Appointment and a person in whose favor a power of attorney or a power attorney... Is the property of the trustee 's death, the successor trustee should use a copy... By judgment or decree under which the trust is to be administered in or used as.... Arizona Revised Statutes, is amended to read: START_STATUTE14-2521 right to Statutes, is amended to read START_STATUTE14-2518. Usually includes certain assurances, such as stating the trust has no remaining affidavits are provided to the successor should... Rights RESERVED | ( 330 ) 606-0119 | P.O trustees may purchase or pay with trust if! And 47 cease to serve as a qualified custodian 1997 - 2023 all RIGHTS RESERVED | ( 330 606-0119. Affidavit confirms the successor 's authority regarding the real property, real,. Receipt or certificate of deposit for, or any warrant or right to,... Trusts only. that does both of the testator and 47 & # x27 ; s custodian is executed maintained! Best thing I have ever done with this being my first time doing a quick.! Testamentary trust created in an electronic will or decree under which the has!