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How Do I Transfer Real Property to a Survivng Joint Tenant in Arizona?

How Do I Transfer Real Property to a Survivng Joint Tenant in Arizona?

Q: Can I transfer property ownership without going through probate in Florida?

Yes, in Florida, if property is owned jointly with rights of survivorship, it can automatically transfer to the surviving owner without going through probate. This means you can claim full ownership of the property upon the death of the other owner.

Q: What is an affidavit in the context of property ownership?

An affidavit in property ownership is a written statement made under oath, declaring facts relevant to the property. In this context, it can be used to confirm the death of a co-owner and your right to remove their name from the deed.

Q: How does paying property taxes affect ownership claims in Florida?

In Florida, consistently paying property taxes can strengthen your ownership claim, especially if you are the sole taxpayer for an extended period. This can support your position when seeking to remove a deceased co-owner's name from the property deed.

Q: What happens to property when one owner dies in Florida?

When one owner of a property in Florida dies, the property can automatically transfer to the surviving owner if it was held as joint tenants with rights of survivorship. If not, the property may need to go through probate to determine ownership.

Full question:

this question is regarding property that I own in the state of Fl. that is in both my name and the name of my deceased step father (died 1986) what forms do i need to fill out to have his name removed from the deed. I have been paying all the property taxes since 1993. I left the title as is in respect to my mother but she passed away in april of this year so now I would like my name only on appear the trust deed.

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Arizona

Answer:

Two or more persons in survivorship form may own real estate, so that upon the death of any one of them, the title of the deceased person would pass to the survivor or survivors. Title may be transferred without court proceedings, typically by filing an affidavit and death certificate with the County Auditor and Recorder.

A fiduciary deed is sometimes executed by the representative of the estate to transfer real property of a decedent as part of the probate process. When property is held as joint tenants with right of survivorship, the property passes to the survivor outside the probate process. If there were no other owners, their consent to the transfer isn't needed. You may contact the recorder's office in the county where the property is located for applicable rules for transferring a deed to a survivor's name, as procedures vary by local office. Typically, a copy of a death certificate is required to make the change.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What documents do I need to remove a deceased person's name from a property deed in Florida?

To remove a deceased person's name from a property deed in Florida, you typically need to provide an affidavit and a copy of the death certificate. These documents should be filed with the County Auditor and Recorder's office. It's important to check with your local county office for any specific forms or additional requirements they may have.