14-3971

14-3971. Collection of personal property by
affidavit; ownership of vehicles; affidavit of succession to real
property

A. At any time after the death of a decedent, any employer owing wages, salary or
other compensation for personal services of the decedent shall pay to the surviving
spouse of the decedent the amount owing, not in excess of five thousand dollars, on being
presented an affidavit made by or on behalf of the spouse stating that the affiant is the
surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and
that no application or petition for the appointment of a personal representative is
pending or has been granted in this state or, if granted, the personal representative has
been discharged or more than one year has elapsed since a closing statement has been
filed.

B. Thirty days after the death of a decedent, any person indebted to the decedent
or having possession of tangible personal property or an instrument evidencing a debt,
obligation, stock or chose in action belonging to the decedent shall make payment of the
indebtedness or deliver the tangible personal property or an instrument evidencing a
debt, obligation, stock or chose in action to a person claiming to be the successor of
the decedent upon being presented an affidavit made by or on behalf of the successor and
stating that all of the following are true:

1. Thirty days have elapsed since the death of the decedent.

2. Either:

(b) The personal representative has been discharged or more than one year has
elapsed since a closing statement has been filed and the value of all personal property
in the decedent's estate, wherever located, less liens and encumbrances, does not exceed
fifty thousand dollars as valued as of the date of the affidavit.

3. The claiming successor is entitled to payment or delivery of the property.

C. A transfer agent of any security shall change the registered ownership on the
books of a corporation from the decedent to the successor or successors on presentation
of an affidavit pursuant to subsection B of this section.

D. The motor vehicle division shall transfer title of a motor vehicle from the
decedent to the successor or successors on presentation of an affidavit as provided in
subsection B of this section and on payment of the necessary fees.

E. No sooner than six months after the death of a decedent, a person or persons
claiming as successor or successors to the decedent's interest in real property,
including any debt secured by a lien on real property, may file in the court in the
county in which the decedent was domiciled at the time of death, or if the decedent was
not domiciled in this state then in any county in which real property of the decedent is
located, an affidavit describing the real property and the interest of the decedent in
that property and stating that all of the following are true and material and
acknowledging that any false statement in the affidavit may subject the person or persons
to penalties relating to perjury and subornation of perjury:

1. Either:

(a) An application or petition for the appointment of a personal representative is
not pending and a personal representative has not been appointed in any jurisdiction and
the value of all real property in the decedent's estate located in this state, less liens
and encumbrances against the real property, does not exceed seventy-five thousand dollars
as valued at the date of death. The value of the decedent's interest in that real
property shall be determined from the full cash value of the property as shown on the
assessment rolls for the year in which the decedent died, except that in the case of a
debt secured by a lien on real property the value shall be determined by the unpaid
principal balance due on the debt as of the date of death.

(b) The personal representative has been discharged or more than one year has
elapsed since a closing statement has been filed and the value of all real property in
the decedent's estate, wherever located, less liens and encumbrances, does not exceed
seventy-five thousand dollars as valued as of the date of the affidavit. The value of
the decedent's interest in that real property is determined from the full cash value of
the property as shown on the assessment rolls for the year in which the affidavit is
given, except that if a debt is secured by a lien on real property, the value is
determined by the unpaid principal balance due on the debt as of the date of the
affidavit.

2. Six months have elapsed since the death of the decedent as shown in a certified
copy of the decedent's death certificate attached to the affidavit.

3. Funeral expenses, expenses of last illness, and all unsecured debts of the
decedent have been paid.

4. The person or persons signing the affidavit are entitled to the real property by
reason of the allowance in lieu of homestead, exempt property or family allowance, by
intestate succession as the sole heir or heirs, or by devise under a valid last will of
the decedent, the original of which is attached to the affidavit or has been probated.

5. No other person has a right to the interest of the decedent in the described
property.

6. No federal or Arizona estate tax is due on the decedent's estate.

F. The normal filing fee shall be charged for the filing of an affidavit under
subsection E of this section unless waived by the court as provided by section 12-301 or
12-302. On receipt of the affidavit and after determining that the affidavit is
complete, the registrar shall cause to be issued a certified copy of the affidavit
without attachments, and the copy shall be recorded in the office of the recorder in the
county where the real property is located.

G. This section does not limit the rights of heirs and devisees under section
14-3901.