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  1. #1

    Question Exemption for Reassessment of Property for a Transfer Between Relatives

    My question involves real estate located in the State of: Arizona

    My parents own an acre of land (Both are deceased). The deed is held in both parents names, Joint Tenants with Rights of Survivors. I have been paying the very minimal property tax since 1999.

    In 1994 my father passed away. However, his death certificate was never recorded. In 1999 and prior to my mother's passing which was in 2000 she had signed a notarized Quit Claim Deed conveying a 1/3 interest in the property to her 3 natural children (son's) and each of their spouses with JT/RS. This Quit Claim Deed was also never recorded and it has been stated by our Assessor's Office the term used for this document it is considered to be a [B](Drawer Deed)/B] Meaning the deed was held in a drawer and never executed/recorded. In 2000 mom passed away.

    So, since everything is now after the fact, below is the following sequence I will take in order to record the proper documents to properly transfer this property into mine and my spouses name without having to file an Affidavit of Succession in Probate Court.

    #1. Recording a certified copy of fathers death certificate Deed transfers into spouses name (Rights of Survivor) applies since at the time his death occurred his spouse was alive. I was told even though his death certificate was never recorded, it's the date when the event (death) occurred which is taken into account.

    #2. Recording a Quit Claim Deed signed and notarized in 1999 by the surviving spouse prior to her death. Deed will transfer into children's and spouses names JT/RS. A signed and notarized affidavit of Acceptance of Joint Tenants / Rights of Survivor will also be recorded. The exemption used on this Quit Claim Deed is an old statute. ARS 42-1613 /B-3

    #3. Recording individually signed and notarized Quit Claim Deeds by each child and their spouses to convey their 1/3 interest to myself and spouse JT/RS.
    Deed will transfer to myself and spouse JT/RS A signed and notarized affidavit of Acceptance of Joint Tenants / Rights of Survivor will also be recorded.

    The above recording's should essentially transfer the property properly now into mine and my spouses name JT/RS.


    Since the Quit Claim Deed from each child (brothers) and their spouses to myself and my spouse is currently being drafted. I am trying to determine If the exemption code Arizona Revised Statute which is now ARS 11-1134 B-3 can this exception be used on their Quit Claim Deeds, according to the following below would this apply?

    A transfer of property between relatives Relationship is limited to husband and wife or ancestors of either, parent and child or descendants of children, grandparents and grandchildren and natural or adopted siblings. , with no money or nominal consideration changing hands.


    Thank you for your review.

    Please respond with any questions and please also indicate if the above exemption is proper and can be used Also indicate I have covered all basis for this transfer to go smoothly without encountering any problems.

    DDSA

  2. #2
    Join Date
    Mar 2013
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    Default Re: Quit Claim Deed Exemption

    Quote Quoting DDSA
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    Since the Quit Claim Deed from each child (brothers) and their spouses to myself and my spouse is currently being drafted. I am trying to determine If the exemption code Arizona Revised Statute which is now ARS 11-1134 B-3 can this exception be used on their Quit Claim Deeds, according to the following below would this apply?

    A transfer of property between relatives Relationship is limited to husband and wife or ancestors of either, parent and child or descendants of children, grandparents and grandchildren and natural or adopted siblings. , with no money or nominal consideration changing hands.
    To clarify for other readers who are not from AZ, you are referring to the Affidavit of Value that is typically completed and recorded along with the deed.

    I believe you have misquoted the statute. My AZ statutes reference is from the AZ Legislature's website which ought to be current.

    B. The affidavit and fee required by this article do not apply to a transfer of title:
    3. When the transfer of title has only nominal actual consideration for the transfer of residential property between:
    (a) Husband and wife or ancestor of the husband and wife.
    (b) Parent and child, including natural or adopted children and their descendants.
    (c) Grandparent and grandchild.
    (d) Natural or adopted siblings.


    I think all of the deeds will be exempt from the affidavit requirement. However, you cannot cite ARS 42-1613 /B-3 as that statute no longer exists. You'll have to cite the current statute for the exemption. Shouldn't make any difference.

    Anyway, if you take all your documents to the Recorder's office, take a print out of B3 just in case some clerk says you need the affidavit.

    As for whether or not your method will meet with success, there's no way to predict that and I've lived in AZ for 43 years. Bureaucracy is bureaucracy.

  3. #3
    Join Date
    Nov 2013
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    Default Re: Quit Claim Deed Exemption

    Did your mother have a will or did she die intestate? Did her estate go through probate 15 years ago?

  4. #4
    Join Date
    Oct 2006
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    15,274

    Default Re: Quit Claim Deed Exemption

    Quote Quoting budwad
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    Did your mother have a will or did she die intestate? Did her estate go through probate 15 years ago?
    Based on the way that the deeds were worded, the land didn't need to be probated. It passed outside of any estate.

  5. #5
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    Default Re: Quit Claim Deed Exemption

    Yes, but why wasn't the deed recorded in the same timeframe as probate is what I was wondering. Why wait 15 years?

  6. #6
    Join Date
    Jun 2015
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    988

    Default Re: Quit Claim Deed Exemption

    Be careful of terms/facts....a deed which Mom put in the drawer and never delivered in her lifetime to the children might not count

  7. #7

    Default Re: Quit Claim Deed Exemption

    Neither had a will and probate wasn't necessary.

    The area where this vacant undeveloped acre of land is located has minimal value.

    When my father passed their assets consisted of a mobile home which the title at the time was transferred into moms name and sold prior to her death. Father had Mutual Funds were distributed to mom and 3 children as beneficiaries.

    A vehicle in her name title was transferred to myself prior to her death. The value of remaining personal property in his estate did not exceed $75,000.00. So, the two vehicles in his name was transferred to myself since I was able to utilize an affidavit of personal property.

    The remainder of her financial assets were utilized for her continued living expenses and care until she passed away. What little was left was used for her burial expenses So, basically upon her death there was nothing to probate.

    I/We just never took any steps at the time of death. The land isn't going anywhere and I've continued paying the property tax.
    However, as I indicated earlier she signed the Quit Claim Deed. This property can stay in their names. But, in some point in time this has to be taken care of which is now. Right!, 15 years later.

    It's just a paper trail in order to accomplish the deed transfer. As I mentioned earlier, I could file an affidavit of succession in the Superior Court Probate Department. But, why go this route when it's not necessary. The filing fee is close to $200.00. A certified copy of the death certificate and the recording fee's are less.

    - - - Updated - - -

    HRinDEVON

    Thank you for your response and your concern.

    The issue of her delivering or giving the Quit Claim Deed to her children (myself) is not a factor. I have always held possession of the Quit Claim Deed in my drawer which was prior to and beyond her death to up today. The Quit Claim clearly dated and has been notarized prior to her death. If necessary for proof of her death, which based upon the procession of the document's being recorded, I do not believe I will need to file a certified copy of her death certificate. Since I had direct telephone conversation with the actual Assessor, he stated The dates which are used is at the time an event occurred (prior to death) not the date an event is taking place(recording the documents now

    The reason I initially made this posting was to actually to obtain clarification of the language being used for the exemption. The old statute ARS 42-1613 /B-3 on the Quit Claim from the descendants to natural or adopted children is proper.

    So, based on the current statute ARS 11-1134 B-3 (d) If I'm reading and understanding correctly which is why I asked for clarification the transfer between (Natural or Adopted siblings) exemption can be used.

    adjusterjack posted the following

    B. The affidavit and fee required by this article do not apply to a transfer of title:
    3. When the transfer of title has only nominal actual consideration for the transfer of residential property between:
    (a) Husband and wife or ancestor of the husband and wife.
    (b) Parent and child, including natural or adopted children and their descendants.
    (c) Grandparent and grandchild.
    (d) Natural or adopted siblings. <-------

    - - - Updated - - -

    llworking

    Yes, you are correct. Probating at the time wasn't necessary and is still not necessary

  8. #8
    Join Date
    Nov 2013
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    6,213

    Default Re: Quit Claim Deed Exemption

    Here is a news flash; Dead people can't own property.

    At the time of their death, it passes to their estate.

    - - - Updated - - -

    For 15 years you have perpetrated a fraud on the public. Just curious, was your mother's death certificate recorded with the state and the SSA?

  9. #9
    Join Date
    Mar 2013
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    Default Re: Quit Claim Deed Exemption

    Quote Quoting DDSA
    View Post

    So, based on the current statute ARS 11-1134 B-3 (d) If I'm reading and understanding correctly which is why I asked for clarification the transfer between (Natural or Adopted siblings) exemption can be used.
    Keep in mind that the exemption deals only with the filling out and recording of the affidavit of value.

    http://www.docprepper.com/wp-content...05/APV-New.pdf

    It does not provide a tax exemption nor does it provide an exemption from the annual property value assessment that is used to determine the amount of property tax that the property owner must pay.

    That you think the property value is minimal may not be what your county assessor determines the value is for tax purposes.

  10. #10

    Default Re: Quit Claim Deed Exemption

    Quote Quoting budwad
    View Post
    Yes, but why wasn't the deed recorded in the same timeframe as probate is what I was wondering. Why wait 15 years?
    you're a goober ... grasp a clue

    - - - Updated - - -

    adjusterjack


    There is no requirement to file an Affidavit of Property Value which is used between a buyer and a seller. The Deed is being transferred from parent's to children. Then being transferred from siblings to siblings with a Quit Claim Deed.

    As a matter of fact. I shall elaborate further into the matter. This property was previously held in both parents names, including my aunt and uncle. So, many many years prior my father's sister and brother-in-law were having financial difficulties. So, they utilized a Quit Claim Deed which transferred the Deed into my parents name which is how the Deed is held now. They utilized the exact same exemption using the old statute I indicated earlier.

    An exception is not for the purposes of exempting the tax valuation of the property it exempts the requirement of having to paying taxes which would be paid if the Deed was being transferred during the sale of property.

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