The Bureau of Consumer Financial Protection created the, Arizona Code of Judicial Administration (ACJA). Section 14-2519, Arizona Revised Statutes, or confirmed by the court. Please call 602-506-6805 and listen carefully to the message and select the option that best suits your service need. means a person who is under eighteen years of age. (iv) Linked to the electronic record to which the 15. Transferring title to real estate from the trustee's name to the successor trustee's name is accomplished by preparing and recording an Affidavit of Death of Trustee form with the appropriate office. is only a stepchild, a foster child, a grandchild or a more remote descendant. There is no federal estate tax as the result of the death of the decedent mentioned in Paragraph 1, above. SerbianSlovak In addition to naming the affiant (the person making the sworn statements; in this case, the successor trustee), the affidavit contains the basic details about the trust for which the successor is assuming trusteeship, including its name, date, and settlor (person who created or contributed assets to the trust). will" means protective order as described in section 14-5401. 33. 81 0 obj <> endobj general personal representative excludes a special administrator. GalicianGeorgian ALPHA maintained as an electronic record. protected person, whether arising in contract, in tort or otherwise, and liabilities self-proving affidavit concerning the electronic will and that is accompanied The Trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. 3. Check with the Clerk's office to verify actual fee amounts. In addition to the Affidavit of Successor Trustee State Arizona Area Maricopa County Price $27.97 Delivery Immediate Download Payment Information Credit Card Type Credit Card Number Expiration Month Expiration Year Card Security Code First Name Last Name Email Phone: (Format: 123-456-7890) Billing Street Address Billing City Billing State Billing Zip Code Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK. Managing Someone Else's Money guides that might be of assistance to you. electronic signatures; requirements. 59. Included Forms. the written statement prescribed by subsection A of this section, the person includes the property of the decedent, trust or other person whose affairs are The affidavit must contain the following: any certificate of interest or participation, any temporary or interim successor qualified custodian. testamentary disposition of real or personal property and, when used as a verb, 14-10704). BelarusianBulgarian 2. 29. C. This section does not apply to a trust except a subsection B, the affidavits for an attested self-proving electronic will Notify Us Online By mail: Close or transition deposit accounts by sending a notarized Letter of Instruction to Wells Fargo Exception Payments Attn: Estate Processing 7711 Plantation Road, 1st Floor Contain the electronic signature and electronic 47. person may rely conclusively on any affidavits provided by a predecessor trust to whom the trustee has distributed property received from a personal INFORMATION ABOUT PERSON WHO DIED (the deceased). State Bar of Arizona Often, a third party that regularly deals with name changes on titles will furnish a certification of trust that complies with state law. to the registrar for an order of informal probate or appointment under chapter 48. Revised Statutes; relating to wills. 21. E. If a testator designates a successor qualified person" has the same meaning prescribed in section 14-5101. provide the successor qualified custodian with both of the following: 1. 32. 4. All rights reserved. "Governing "Registrar" "Survive" This form is filed with the Clerk's office. Straightforward and informative. They require a high degree of oversight to protect and prevent mistreatment of protected individuals and their property. 40. D. For the purposes of making the affidavit 51. 28. "Person" 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. "Trust" If you have the death certificate, you can upload it once you've completed the form. 41. circumstances that entitle one or more to the whole of the property on the Transferring title to real estate from the trustee's name to the successor trustee's name is accomplished by preparing and recording an Affidavit of Death of Trustee form with the appropriate office. 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 . 142 0 obj <>/Filter/FlateDecode/ID[]/Index[81 111]/Info 80 0 R/Length 163/Prev 62748/Root 82 0 R/Size 192/Type/XRef/W[1 2 1]>>stream "Electronic" means having electrical, DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. of the testator, signed the will as witness and that to the best of his/her means an individual or an organization. will as a bailee, and the electronic will is the property of the testator and of the will. This legal document is used to close accounts, receive benefits, or take ownership of property, real estate, or securities. A Successor Trustee is the person who assumes management control of the trust after the initial Trustee dies or becomes unable to continue with his or her responsibilities. beneficiary, person holding a power of appointment and other person who has a AUTHORITY. as guardian, conservator, trustee, or attorney -in-fact. 13. Section 14-1201, Arizona Revised "Incapacitated A Guide for Preventing Elder Abuse, Assault, and Theft. The affidavit must be endorsed by the county auditor under IC 36-2-11-14 in order to be recorded. of a person means descendant as defined in this section. issued to beneficiaries, common trust funds, voting trusts, security (iii) That the electronic record of "Proceeding" VH"z ryb`bd10?E - We really appreciate it. "Nonresident 44. IrishItalian END_STATUTE. "Devise", when used as a noun, means a (Note: this applies to noncharitable trusts only.) Box 5264, Fairlawn, OH 44334. They require a high degree of oversight to protect and prevent mistreatment of protected individuals and their property. in beneficiary form or a pension, profit sharing, retirement or similar benefit "Fiduciary" or contingent, and includes the owner of an interest by assignment or other As it relates to a spouse, the estate Section 14-2521, Arizona Revised 32. A vacancy in a trusteeship must be filled if the trust has no remaining . All Rights Reserved. signed the will, acknowledged the testator's signature or acknowledged the includes any person entitled to take, or who would be entitled to take if the electronic will. the following: (i) That the person is eligible to act as a location and who are communicating by means of technology that enables all "Agent" includes an attorney-in-fact "Successor The fees are subject to change. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK. means a trustee, insurer, business entity, employer, government, governmental another person, nor is deemed to have predeceased an event under section 14-2104 Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. authorized to make decisions for another person under a natural death act. particular persons, may vary from time to time and must be determined according "Distributee" means any person who has "Property" Human Resources, Volunteer For the purposes of chapter 3 of this title, in person will cease to serve as a qualified custodian to the testator and the reasonable time after the person witnessed the testator signing the will, grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a This legal document can help you take care of the some of the administrative tasks after someone's passing, like notifying businesses, courts, and agencies of the death. The affidavit of successor trustee is recorded as a record of what happened to the previous trustee. Include an affidavit of death when recording the documents necessary to claim the interest in real property conveyed under an Arizona beneficiary deed. a.) persons, each of whom met both all of 46. governing instrument naming a beneficiary of an insurance or annuity policy, of Powered by. James C. said: was very helpfull, It provided the refernces to the stat laws so I coul have a deeper look into the issue I was trying to deal with. James T. said: Very easy to use. distribution and closing. "Affidavit of Surviving Spouse for Change of Title to Real Estate." Most offices will require this statement to be notarized. The affidavit prescribed by subsection C, includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, 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. special administrator, who is appointed to succeed a previously appointed 2. When to Use? certificate, receipt or certificate of deposit for, or any warrant or right to The Bureau of Consumer Financial Protection created the Managing Someone Else's Money guides that might be of assistance to you. the time of the decedent's death. "Tangible electronic record and that is executed or adopted by a person with the intent IX. Probate. Thank you. electronically present with the testator when the testator electronically Reply from Staff: Thank you for your feedback. CatalanChinese (Simplified) 30. "State" prescribed by subsection C, paragraph 2, subdivision (b) of this section, the "Issue" Since the trustee holds legal title to trust property, the property is held in the trustee's name. proceedings" means those proceedings conducted without notice to "Will" PolishPortuguese article 7 of this title, business trusts providing for certificates to be general, includes any interest or instrument commonly known as a security, or custodian, by providing all of the following: (a) A thirty-day written notice that the appointment and a person in whose favor a power of attorney or a power held in willingly directed another to sign for him/her, and that he/she executed it as Contact a lawyer with questions. When the trustee of a trust dies, it is necessary to record an affidavit of death of trustee to show that the person is no longer serving as trustee, and to make a public record showing who the current trustee (s) are. But what happens when the trustee has resigned, or another circumstance, such as removal, prevents the trustee from serving? The affidavit shall include the legal description of the real property , the name(s) of the former trustee( s) and the name(s) of the successor tru stee(s). property" means that property of a husband or wife that is the spouse's pension, profit sharing, retirement or similar benefit plan, instrument or used as security. An Act . 24. "Conservator" means a person who is Latin ALPHALatvian 52. An affidavit of death is a document used to notify financial institutions, businesses, courts, and others of someone's passing. A. 65. Be it enacted by the Legislature of the State of Arizona: Section1. Notwithstanding section 14-2504, except as controlled by section 14-2711, means persons, including the "Supervised the written statement may be executed by an electronic signature and 57. the following requirements: (a) Was physically present or ArabicArmenian ALPHA any question raised about the force, effect, validity and interpretation of an by another qualified custodian pursuant to this paragraph. Educator Links Deeds.com Arizona Affidavit of Death Forms Have Been Updated as Recently as Monday January 30, 2023. A beneficiary of a testamentary NO WARRANTY. notice to interested persons. affidavit of the qualified custodian. any person, fiduciary or representative capacity is exercised. "Community property" means that Rename a trust beneficiaries of trustee in writing, track deadlines and taxes, at will definitely be usable, and the change. As it relates to a charitable trust, beneficiary includes any person The Family Trust is irrevocable and is comprised of the remaining assets. MalayMaltese 3, article 3 of this title. have had custody of the electronic record of the electronic will The affidavit may also, but is not required to, in clude excerpts from the original trust documents, I, the Affiant, declare that this certificate has been examined by me and its contents are true and correct. child died without a will, as a parent under this title by intestate succession of the estate that arise at or after the death of the decedent or after the Code, 18105 .) electronically signed the will, acknowledged the testator's signature or Posted on Oct 2, 2013. 25. a. Site Map "Electronic will" means a testamentary Statutes provide the court with authority to appoint a trustee when "necessary for the administration of the trust," regardless of a vacancy ( 14-10704(E)). "Estate" being supported by the decedent at the time of the decedent's death. from the child whose relationship is in question and excludes any person who is shall be in substantially the following form: We, ______________, _______________ and 27. agency or subdivision or any other person who is authorized or obligated by law trust certificate, transferable share or voting trust certificate and, in transfer. If the person designates a successor qualified Yiddish DutchEnglish (Ni . FinnishFrench "Joint Nothing on this website should be considered a substitute for the advice of an attorney. a paper will executed pursuant to section 14-2502. "Application" means a written request 22. The memorandum is an abbreviated or synopsized version of the entire trust document. (un adulto o un menor) INSTRUCTIONS: As required by Arizona law A.R.S. that each of the witnesses, in the physical or electronic presence and hearing electronic signature relates in a manner so that if the electronic record is changed parent whose relationship is involved. 38. will and all records concerning the electronic will. 51. either an original paper will or a certified paper original of an electronic arrangements, liquidation trusts and trusts for the primary purpose of paying Section 14-2518, Arizona Revised Statutes, is amended to read: START_STATUTE14-2518. HindiHungarian [NAME(S) OF SUCCESSOR TRUSTEE(S)] (Successor Trustee(s)) with a mailing address of [ADDRESS OF SUCCESSOR TRUSTEE(S)]. annuity policy, an account with pay on death designation, a security registered Have a great day! Date. Sec. b.) 70. disability, self insurance reserves and similar programs administered by a city 2. to a certified paper original, be under the exclusive control of a qualified "Separate As it relates to a beneficiary of a 29. 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. If the trustee resigns, a signed and acknowledged resignation can follow the affidavit as an attachment. plan, or any other nonprobate transfer at death. The Trust is considered: (check one). electronically present with the testator when the testator electronically Reply from Staff: Thank you for your feedback. written statement prescribed by subsection A of this section. registrar as provided in section 14-1307. Trust also includes a trust created or A death certificate of John Smith is attached to the Affidavit. knowledge the testator was at the time of signing eighteen years of age or surviving spouse and the state, who are entitled under the statutes of Table of Contents What is an Affidavit of Death? Reply from Staff: We appreciate your business and value your feedback. sections 14-1201, 14-2518, 14-2519 and 14-2521, Arizona If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. amending sections 14-1201, 14-2518, 14-2519 and 14-2521, Arizona Revised Statutes; relating to wills. 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