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2022 4.9 Satisfied (24 Votes)
2020 4.8 Satisfied (92 Votes)
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An order determining succession to real property is an alternative petition to get a court order transferring the property.
The Affidavit is used only to transfer title of a deceased persons real property, including a debt secured by a lien on real property.
An affidavit of successor can be filed when a previous trustee has died or been removed and replaced with the successor trustee. It is a legal document that establishes the transfer of control and ownership of trust assets from an incapacitated former trustee to another trustee.
A.R.S. 11-1133 and 11-1137(B) require all buyers and sellers of real property or their agents to complete and attest to this Affidavit. Failure to do so constitutes a class 2 misdemeanor and is punishable by law.
To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the recorders office. No probate is necessary. Use Nolos Quicken WillMaker to make a beneficiary deed or transfer on death deed in any state that allows it.
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An order for final distribution in California probate is conclusive to the rights of heirs and devisees in a decedents estate. The order also releases the personal representative from claims by heirs and devisees, unless, of course, there is fraud or misrepresentation present.

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