For civil, small claims, and . Click here for answers to Frequently Asked Questions. If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. This information is considered confidential and will only be privy to the Courts of Arizona and does not need to be dispensed to additional Parties. SMALL ESTATE AFFIDAVIT(S) FOR TRANSFER (A.R.S. For purposes of the small estate affidavit process, the value of the real property will be determined using the assessed value of the property for the current year, less any outstanding debt.
Seniors > Losing Spouse/Parent > ARIZONA PROBATE FUNDAMENTALS Title. Get form. Employer Information Sheet. The products we received back were far more thorough than I was expecting and included options to make any changes or handling in the future very easy. Select the checkbox corresponding to the Interpreter statement if anyone producing this document or receiving this document requires a formal interpretation of its content. Small Estate Laws: In Arizona, successors may avoid probate court by filing a small estate affidavit if the estate values less than $75,000 for tangible personal property; $100,000 for real property. Declare your relationship to the Arizona Decedent in Section 3. This paperwork requires an Arizona-recognized Notary Public to observe the signature process. Free Small Estate Affidavit Form Yuma County Arizona, Small Estate Affidavit or Affidavit of Heirship, Free Small Estate Affidavit Form Apache County Arizona, Free Small Estate Affidavit Form Cochise County Arizona, Free Small Estate Affidavit Form Coconino County Arizona, Free Small Estate Affidavit Form Gila County Arizona, Free Small Estate Affidavit Form Graham County Arizona, Free Small Estate Affidavit Form Greenlee County Arizona, Free Small Estate Affidavit Form La Paz County Arizona, Free Small Estate Affidavit Form Maricopa County Arizona, Free Small Estate Affidavit Form Mohave County Arizona, Free Small Estate Affidavit Form Navajo County Arizona, Free Small Estate Affidavit Form Pima County Arizona, Free Small Estate Affidavit Form Pinal County Arizona, Free Small Estate Affidavit Form Santa Cruz County Arizona, Free Small Estate Affidavit Form Yavapai County Arizona, Free Small Estate Affidavit Form Yuma County Arizona, District of Columbia Small Estate Affidavit, To inform the court that the estate in question meets the requirements of a small estate, And, that the simplified summary probate administration should be initiated instead, The name and address of the deceased person, Whether or not the deceased person had written a will, A list of all the assets in the estate, with specific information on all of them including all account numbers. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. Our mission is to administer timely and efficent justice with respect and fairness to all. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. The major function of the Arizona Small Estate Affidavit is: Also, this simplified process entitles the executor of the document to receive possession and ownership of the deceased persons property without having to go through the formality of probate. Free Small Estate Affidavit Form Mohave County Arizona Superior Court of Arizona in Pinal County November 29, 2004 ALL . Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. Martindale-Hubbell and martindale.com are registered trademarks; AV, BV, AV Preeminent and BV Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC, used under license. Contact our office to today to start the process for your small estate affidavit of succession. List every debt owed to the Arizona Decedent where requested. If the Affiant has gained formal affidavits from Heirs named in the Arizona Decedents will as the inheritors of real property that release all such interests in this property to the Affiant, then select the final statement. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. Under Arizona law, the general rule is that if a deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property . The information presented at this site should not be construed to be legal advice. Fill out and print a free Arizona Small Estate Affidavit form in just minutes online. The appropriate court may be a surrogates court, probate court or circuit court, whichever is responsible for probate matters where the person died in Arizona and the estate is located. Approaching and working with a lawyer can be intimidating. If the Arizona Decedent did not have a will but the Affiant is not the Party with the greatest level of entitlement to the concerned estate, then he or she may only present this form with the proven approval of those with a stronger right to claim the Decedents property. If the Arizona Decedent has named Heirs as the rightful receivers of the real property but each such Heir has provided a release of his or her interest in this property to the Affiant, then choose the second to last statement made. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Preparing a Small Estate Affidavit in Arizona is a beneficial way to administer the estate of a deceased person without having to go through the long, drawn out process of probate court proceedings. The real property must be valued below $100,000 and six months must have passed since the decedent's death. The value is not determined by the fair market value of the home or property. This must be a complete list of all personal property owned by the Decedent and should not include real estate owned by the Arizona Decedent. Once the act of signing has been completed, the Affiants printed name must be submitted. (25) Total Amount Owed. I am so thankful Jeff was recommended to read more, Recently, Jeffrey P. Hall, PLLC, prepared the necessary legal document to establish a living trust for my wife and me. Select the third checkbox if there is more than one Affiant and these Petitioners have the strongest claim on the Arizona Decedents real property because the Arizona Decedent had no Spouse and no other Dependent holds a greater right to the property than the Affiants behind this paperwork. 2028 0 obj
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We are certified by the Arizona Supreme Court.
3) Your childis discontinuing public school to attend a private school. We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. He was very professional and timely in providing these services. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. My wife and I highly recommend Jeffrey for these legal services. Arizona Small Estate Affidavit 2011-2023 Form. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger, In Arizona, the Small Estate Affidavit may be filed if a decedents real property has been valued at less than $100,000, and at least 30 days have passed since the property owner passed away. (40) 230 Guardianship.
What is a Small Estate Affidavit? What You Need to Know - Trust & Will If you live in the state of Arizona, or have a loved one who does, you need to understand the estate laws that govern the region and how those rules may affect you and your family.
The first should be selected if only one Affiant is completing this paperwork while the second checkbox (We Are) should be selected if more than one Affiant is involved. Thirty days must have passed since the date of death as certified in the death certificate. If a loved one in Arizona did not create a will before they died, use these forms to help make the familys transition smoother. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. What Happens if No One Applies for Probate? For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process. File size / Pages: 70kb ; 1pg . He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. Hear what is happening in Pinal County Court and Hearing Rooms. He avoids the use of legalize and explained every step of the process using terminology my wife and I could fully and completely understand. An area to receive the Representatives home and cell telephone numbers, birth date, social security number, race, height, weight, eye and hair color, and sex has been supplied. The use of a Small Estate Affidavit for Arizona is limited to situations where the deceased person did not have a lot of assets. (91) Children Of No Will Arizona Decedent.
Small Estate Affidavit of Succession | AZ Statewide Paralegal (70) Filer Status. Its helpful to have a list of all property that will be transferred in one place, one that includes both its assessed value and whether it is subject to any liens or debts. The limits are based on the total dollar value of a decedent's assets.
1. Transfer of Small Estate by Affidavit - AzCourtHelp If the person to whom the affidavit is delivered refuses to pay or transfer the personal property, they can be compelled to turn over the property. (6) Licensed Fiduciary Number. . Thirty days must have passed since the date of death as certified in the death certificate. He asked all the right questions and provided the answers to our concerns. (15) Affiant Status. ARIZONA TAX CREDIT SCHOOL PARTNERSHIP APPLICATION - aztxcr. Additionally, the total assessed value of the estates real property cannot exceed $100,000 after the value of liens or encumbrances has been subtracted. The small estate affidavit for personal property can be used when the value of all personal property (clothing, jewelry, cars, cash, bank accounts, money owed to the person who died) is not more than $75,000. Download (pdf, 673 KB) If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived.
You'll also find links to: His knowledge of estate planning greatly contributed toward for our peace of mind. (75) Single Or Multiple Petitioners. Or alternatively, if the person was not living in that county or in Arizona, but owned real property there, you can file an affidavit of succession in the county where the property is located. Thus locate 200 Estate. Indicate if this is a formal or informal appointment of a Personal Representative (for the Decedents real property), whether this paperwork is submitted purely for administrative purposes (i.e. Departments that will help you traverse the court system. The small estate affidavit process may only be used in cases where probate is not required. It is important to note that filing for informal probate will typically be more costly than using the small estate affidavit process. When we deliver a small estate affidavit to a person or agency (such as the MVD) the person receiving it is not required to inquire as to the truth of the statements in the affidavit. The full name, address, telephone number, and email of the Party filing this document should be reported where it is requested to properly introduce this page. Our Services . While the major legal requirement for utilizing a Small Estate Affidavit in Arizona is the total worth of the decedents property, there are a number of factors you should consider to ensure that the estate administration goes as smoothly as possible. Using small estate affidavit to obtain balance in checking account from AZ . If the decedents personal property bank accounts, vehicles, other non-real estate property values less. However, successors are allowed to wait for a few years after the decedent passes. If the decedent had a will, the assets are distributed according to the will. The petitioner must also verify whether the court has previously appointed a personal representative for the estate and, if so, determine the status of that process. The more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. Order and Other Forms (Forms 1-4, 10, 11-15): The court will enter an order directing the performance of your duties in your fiduciary role as a personal representative, guardian, or conservator. (104) Signature Of Person Making Affidavit. Board of Supervisors. Each of these items will have a place reserved for its presentation. Select My or Our to indicate if one or more Affiants are submitting this document then discuss the nature of each Affiants relationship to the Arizona Decedent. The Filer must indicate if he or she is working without an Attorney on this document or if this paperwork is being completed by the Affiants Attorney. Preparing the small estate affidavit of succession for real or personal property is just one the services we offer. You can mail it, email it to
[email protected], or bring it by our office. If this checkbox is selected, produce the name of each Party who requires the Interpreters services. In Arizona, a personal representative is appointed by the court. The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. At least thirty (30) days must pass before the transfer of personal property. The state of Arizona uses the Small Estate Affidavit process to transfer assets from the deceased to their heirs without going through probate. The small estate affidavit for personal property can be used when the value of all personal property (clothing, jewelry, cars, cash, bank accounts, money owed to the person who died) is not more than $75,000.
Free Arizona Small Estate Affidavit | Affidavit Of Heirship Form | PDF Search for cases using statewide search . Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. Furnish your full address to the two lines available below your name. The Arizona County where this issue is filed should be displayed at the top of the page. Define how the Arizona Decedent owned the property (i.e. How Do You Transfer Real Estate Using a Small Estate Affidavit? Arizona statutes offer an alternative to avoiding probate by using an Affidavit of Succession to Real Property in cases in which the real property value does not exceed a certain value. At least six (6) monthsmust pass before the transfer of real property. The small estate affidavit process may only be used in cases where probate is not required. Free Small Estate Affidavit Form Maricopa County Arizona If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. You have permission to use them for any lawful purpose. If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. (21) Location, Or Who Has Property Now. How to fill out a Small Estate Affidavit Arizona form. (37) Case Number. It is important to understand the process of transferring property through the small estate affidavit process. (42) Todays Date. In order to use the small estate affidavit of succession for real property, you must wait 6 months after the person has died.