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.