questions & answers

Question: My father passed away in Sept. He left no will. He has a lien on a condo for 75k, had paid almost 30k. Lots of Credit Card bills, maybe 30k. I am 3rd child, 2 older, 3 younger. I will be taking over Condo. I am on death certificate too. Am I responsible for any of the bills? I have started probate process in Pima County by filling out Affidavit of Succession to Real Prop, is this correct? I was told ALL my siblings need to sign n notarize? Correct? And on this form, am I the Affiant, or is that each of my siblings filling out the form? 5. The interest of the decedent in the property is _______, who, me? 9. Which do I choose there? First option, since there's NO WILL? Please help. Thanks!!!

Answer: Arizona has several prerequisites to obtaining ownership of real property owned by a decedent who died without a will (dying “Intestate”). Initially, the property must not be worth more than $100,000 (Assessed Full Cash Value minus mortgage/loan). There is also a 6-month post-death waiting period and a few other requirements. Assuming no problems with the foregoing, an Affidavit of Succession to Real Property. ARS 14-3971(b), has further requirements, importantly, that all other people with a claim to the property, e.g., sibling children of the decedent (all children have an equal right), have “Assigned” (surrendered) their rights via formal written and notarized “Assignment” documents, attached to the “Affidavit of Succession”. The person filing the Affidavit/claiming sole right to the property, is the sole “Affiant” who must sign it under “Penalty of Perjury”, legally agreeing that the Affidavit and attached Assignments, are all true and valid. Perjury of course, is a serious charge, if the court later finds an untrue aspect to the filed documents. Regarding the Pima County form asking for the “decedent’s interest”, without reading this in context, it cannot be known with certainty, the Court’s intended meaning. (This could be the form in which the decedent held title on the deed, such as “sole owner” but this cannot be assumed.) Unless obligated on a decedent’s debts while he was alive, e.g. by co-signing the loans or as a spouse, a surviving person is not liable for those debts after his death. Legal counsel is advisable in this situation. To find an attorney please follow this link.