Arizona Affidavit of Succession to Interest in Community Property with Right of Survivorship (Surviving Spouse)

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About the Arizona Affidavit of Succession to Interest in Community Property with Right of Survivorship (Surviving Spouse)

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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When two Arizona spouses hold property as community property with right of survivorship and one spouse dies, title to the whole passes to the surviving spouse automatically, by operation of law, under Arizona Revised Statutes Section 33-431. No court is involved and no new deed is signed. What remains is to place evidence of the death into the county records, to show the surviving spouse as sole owner of record. This form prepares that sworn affidavit.

How the Survivorship Works

Section 33-431(C) lets spouses hold community property with an express right of survivorship, created by the words in the vesting deed. The survivorship operates at the first death, and the deceased spouse's interest vests in the surviving spouse without probate. Because that passage happens by operation of law, the affidavit transfers nothing; it records the death and confirms the survivorship took effect.

A Title-Clearing Affidavit, Not a Statutory Form

Arizona does not prescribe a post-death affidavit form for community property with right of survivorship. Section 33-431 contains a statutory affidavit for the surviving joint tenant of a joint tenancy, in Subsection F, and this affidavit follows that content by analogy, adapted to the community property estate. The guide is candid about that footing and distinguishes the two similarly named statutory affidavits under Subsections D and F.

What the Affidavit States

The affiant, the surviving spouse, identifies the deceased spouse, the death, and the recorded instrument that created the survivorship. The sworn statements establish that the spouses held the property as community property with right of survivorship, that the right of survivorship had not been terminated, severed, or extinguished before the death, and that the entire interest vested in the surviving spouse by operation of law.

Recording in Arizona

The affidavit is recorded with the county recorder where the property sits, for a flat thirty dollar fee under Section 11-475, and Arizona charges no real estate transfer tax. A certified copy of the death certificate is attached and recorded with it. Because the affidavit effects no sale and no transfer, it falls outside the Affidavit of Property Value framework, which the guide explains.

What Is Included

The blank form as a fillable PDF, completed on screen or printed and completed by hand
A plain language guide that walks through every numbered section: what each blank asks, where the information comes from, and what a correct entry looks like
A completed example showing the entire affidavit filled in for a realistic Arizona fact pattern

The document is formatted for Arizona recording standards under Arizona Revised Statutes Section 11-480: letter size pages, ten point body type meeting the statutory minimum, half inch margins, and a reserved band at the top of the first page for the recorder's information. The affidavit carries only operative, sworn content; the instructions page that ships with it, marked do not record, is removed before recording.

Related Arizona Forms

For a joint tenancy rather than community property, the Arizona Affidavit of Surviving Joint Tenant under Section 33-431(F) is the statutory post-death affidavit. To sever a right of survivorship during life, the Arizona Affidavit Terminating Right of Survivorship under Section 33-431(D) or Section 33-431(E) records that change. The Arizona Beneficiary Deed under Section 33-405 names a beneficiary who takes on the owner's death without survivorship vesting.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Cheryl C.

"Very pleased. I spent a fair amount of time chasing a blank form only to be told it couldn't be give…"

— Anne B.

"Great experience! It was so easy and quick. We will definitely use the service again."

— Michael M.

"Received the documents as ordered in a timely fashion. Can't ask for much better than that!"

— shaun s.

"Pretty quick and accurate, thank you"

— Barbara Y.

"I found your instructions and sample for completing a quit-claim deed in Arizona to be simple and ea…"

Common Uses for Affidavit of Succession to Interest in Community Property with Right of Survivorship (Surviving Spouse)

Support the transfer of property to surviving heirs
Confirm the passing of a trustor or grantor for title purposes
Facilitate the removal of a decedent's name from a deed
Establish the identity of the surviving property owner
Remove a deceased joint tenant from a property title
Satisfy lender requirements after a co-borrower's death

Compare other Arizona deed forms and documents

Quitclaim Deed Quitclaim Deed Condominium Gift Deed Warranty Deed Warranty Deed Condominium Special Warranty Deed Grant Deed Grant Deed Condominium Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Beneficiary Deed Revocation of Beneficiary Deed Affidavit of Death Affidavit of Surviving Joint Tenant Durable Power of Attorney Special Durable Power of Attorney Revocation of Power of Attorney Mineral Deed Mineral Quitclaim Deed Contract for Deed Full Release of Real Estate Contract Memorandum and Notice of Agreement Full Release of Memorandum And Notice of Agreement Deed of Trust Assignment of Deed of Trust Deed of Release and Reconveyance Deed of Partial Release and Partial Reconveyance Trustee Deed Trustee Deed Foreclosure Affidavit of Successor Trustee Personal Representative Special Warranty Deed Personal Representative Deed of Distribution Affidavit of Disclosure Disclaimer of Interest Certificate of Trust Mechanics Lien Written Request for Information Preliminary Notice of Mechanics Lien Notice and Claim of Mechanics Lien Notice of Intent to Suspend Work Work Stop Notice Unconditional Lien Waiver on Progress Payment Conditional Lien Waiver on Progress Payment Notice of Completion Unconditional Waiver upon Final Payment Conditional Lien Waiver on Final Payment Authority to Cancel Notice of Claim of Lien Lis Pendens Lis Pendens Probate Lis Pendens Release

Important: County-Specific Forms

Our affidavit of succession to interest in community property with right of survivorship (surviving spouse) forms are specifically formatted for each county in Arizona.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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