A. The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
B. The motor vehicle division issuing title pursuant to affidavit is discharged and released to the same extent as if it dealt with a personal representative of the decedent. It is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.
C. A purchaser of real property from or lender to the person or persons designated as successor or successors in a certified copy of an affidavit issued under section 14-3971 and recorded in the county in which the real property is located is entitled to the same protection as a person purchasing from or lending to a distributee who has received a deed of distribution from a personal representative, as provided in section 14-3910.
Notes of Decisions
Dometri Investments, LLC v. Lind, 177 P.3d 305 (Ariz. Ct. App. 2008).
· cites it 15× “§ 14-3910 expressly relieves a purchaser from any responsibility to inquire into the propriety of the transaction and/or the authority of the person entering into the transaction.”
Beck v. Deem, 224 P.3d 938 (Ariz. Ct. App. 2010).
· cites it 12× “This court said: Given the plain, clear wording of AR.S. §§ 14-3972(0, 14-3910, and 14-1106, a purchaser of real property relying upon an affidavit of succession is protected from subsequent claims by heirs or devisees who would otherwise have a superior right to the property,…”
In Re Est. of Parker, 177 P.3d 305 (Ariz. Ct. App. 2008).
· cites it 15× “In fact, and pursuant to A.R.S. § 14-3972(C), a person who purchases real property from the person designated as successor in a certified copy of an affidavit made pursuant to A.”
In Re Est. of Olson, 224 P.3d 938 (Ariz. Ct. App. 2010).
· cites it 12× “01 is inapplicable here because the "arising out of a contract" language does not apply where, as here, the prevailing party has requested statutory relief.”
— Ariz. Rev. Stat. § 14-3972(0) — 2 cases
Dometri Investments, LLC v. Lind, 177 P.3d 305 (Ariz. Ct. App. 2008).
“§ 14-3910 expressly relieves a purchaser from any responsibility to inquire into the propriety of the transaction and/or the authority of the person entering into the transaction.”
Beck v. Deem, 224 P.3d 938 (Ariz. Ct. App. 2010).
“This court said: Given the plain, clear wording of AR.S. §§ 14-3972(0, 14-3910, and 14-1106, a purchaser of real property relying upon an affidavit of succession is protected from subsequent claims by heirs or devisees who would otherwise have a superior right to the property,…”
— Ariz. Rev. Stat. § 14-3972(C) — 4 cases
In Re Est. of Parker, 177 P.3d 305 (Ariz. Ct. App. 2008).
“In fact, and pursuant to A.R.S. § 14-3972(C), a person who purchases real property from the person designated as successor in a certified copy of an affidavit made pursuant to A.”
Dometri Investments, LLC v. Lind, 177 P.3d 305 (Ariz. Ct. App. 2008).
“§ 14-3910 expressly relieves a purchaser from any responsibility to inquire into the propriety of the transaction and/or the authority of the person entering into the transaction.”
Beck v. Deem, 224 P.3d 938 (Ariz. Ct. App. 2010).
“This court said: Given the plain, clear wording of AR.S. §§ 14-3972(0, 14-3910, and 14-1106, a purchaser of real property relying upon an affidavit of succession is protected from subsequent claims by heirs or devisees who would otherwise have a superior right to the property,…”
In Re Est. of Olson, 224 P.3d 938 (Ariz. Ct. App. 2010).
“01 is inapplicable here because the "arising out of a contract" language does not apply where, as here, the prevailing party has requested statutory relief.”
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