Avoiding probate generally means the transfer happens more quickly, but this option is only available for estates with a total value less than the maximum amount decreed by the state. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. Free Small Estate Affidavit Form Mohave County Arizona Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. All rights reserved. In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. If this checkbox is selected, produce the name of each Party who requires the Interpreters services. . Get form. Dispense the entire name of the Arizona Decedent to Section 1. If the decedents personal property bank accounts, vehicles, other non-real estate property values less. (76) Deceased. Once you have filled out the Arizona Small Estate Affidavit form completely, it must be sworn and signed in the presence of a local notary public. Packet 01 - Appointment of Personal Representative Executor. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Quick Links. (100) Named As Heir To Estate In Will. We were fortunate that we came across Jeff Hall. 14-3971 (Collection of Personal Property by Affidavit). He prepared our Estate Plan documents on read more, My wife and I were in need of having a personal trust drawn up, so we selected Jeff's firm because his website advertised that this was one of his areas read more, Jeff Hall did an excellent and timely job of providing my wife and I with a new living trust after we relocated to Arizona. Family Court Forms. Free Small Estate Affidavit Form Greenlee County Arizona (69) Licensed Fiduciary Number. Report the amount of money owed for the debt reported. This process is in place to provide for easier transfer of small estates to the deceased to their heirs, lowering costs and providing a greater degree of simplicity. . It is important to understand the process of transferring property through the small estate affidavit process. Electronic Payment Authorization. The Petitioner behind this document must date the signature he or she has provided. Affidavit of Heirship: Arizona does not force family or other inheritors to initiate the heirship process immediately after death, but allows grieving families to wait up to 2 years before completing and filing the affidavit of heirship. Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. 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. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. If this is not a correction or update, then leave this checkbox unmarked. Zoning summary. 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. . 1. It is important to understand the process of transferring property through the small estate affidavit process. If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. Once it has been established that the Arizona Decedent did not have a will, one of the checkboxes defining the Affiant relationship to the Decedent must be selected. Filing the small estate affidavit involves a two-step process. Unlike . 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. 100 Quentin Roosevelt Blvd., Suite 102 Garden City, NY 11530 800-680-1717 Produce your full name at the top of this page to identify yourself as the Filer of this document. After the Arizona Small Estate Affidavit has been filed, the normal court process for Small Estate Administration takes place, with the affiant receiving the courts permission to take over the estate, taking into consideration the provisions of the law with regards to creditors as well as court costs and other expenses. Create a high quality document online now! He created read more, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. His price was reasonable and the turnaround time was excellent. The person died and left a valid Will and the people with equal or greater right than you have to the property have all assigned their entire interests in the estate to me, which is proven by the copy of the documents they signed to this effect that I am attaching to this affidavit. I would highly recommend Jeff for all your estate planning needs. Select the first statement from the list of options provided If the Arizona Decedent did not have a will and the Affiant is his or her Spouse. Free Small Estate Affidavit Form Apache County Arizona (55) Mailing And Physical Address. You are named in the will of the person who died, and attached a certified copy of the will; You are the spouse of the person who died; You are a child of the person who died, and there is no surviving spouse, or there is a surviving spouse but he or she is not the parent and the deceased had separate or community property; You are the parent of the person who died, and there is no surviving spouse or child; You are a brother or sister of the person who died, and there is no surviving spouse, child or parent. The Arizona Affidavit of Heirship for Real Estate allows successors to transfer real estate, finances, cars, and other property after the owner has died, without the need for a will or probate court. Thirty days must have passed since the date of death as certified in the death certificate. (90) Status Of Entitled Spouse Of No-Will Decedent. For purposes of the affidavit, the county of filing is the county where the property is physically located. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. Subpoena Packet Pinal County Pinalcountyaz 2011-2023 Form. 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. If this is the case and such paperwork has been obtained then select the second to last statement made in Section 6 and attach the signed and notarized statements (affidavits) of the Rightful Heirs. We very much appreciate the legal services provided by Jeffrey. If this document involves the Guardianship of a Minor or Adult who is incapacitated with an advanced condition (i.e. Conservator Account Forms (Forms 5-9): Throughout the conservatorship . 01. Once done, document the name of the Arizona Decedent as well as the name of the Arizona Court handling this case then the case number assigned to it. Dave O. Jeff Hall did an excellent and timely job of providing my wife and I with a new living trust after we relocated to Arizona. (1) Person Filing. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. Mostly clear, with a low around 44. If someone uses an affidavit to obtain personal property and there is a personal representative for the estate or another individual with a superior right to the property, the person using an affidavit to get property is accountable to personal representative or the other individual. 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. Notice this statement contains two checkboxes within it. Law Enforcement Resources/AZ Crash Report/Training Resources . 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. Confirm the case number assigned to the Decedents estate. (97) Affiant As Sole Heir. If the Representative is not a Licensed Fiduciary then several additional pieces of information should be recorded. Fill out and print a free Small Estate Affidavit form for Arizona in just minutes online. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. Or mailed to: Pinal County School Office. Employer Information Sheet. Information on Collecting Personal Property. . (11) Place Of Death. On this page are downloadable forms allowing you to access them from your home, work, or library PC, fill them out using the computer, and bring the completed, printed versions to the correct court along with the filing fee. 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 $75,000 of personal property . The major function of the Arizona Small Estate Affidavit is: Also, this simplified process entitles the executor of the document to receive possession and ownership of the deceased persons property without having to go through the formality of probate. The state also allows for the transferring of real property for small estates by affidavit. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. Begin Section 10 by selecting the first or second checkbox from the Reason statement. 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. Under Arizona law the motor vehicle division will transfer title of a motor vehicle from the person who died to the heir(s) when your submit an affidavit of succession form available through the Arizona Department of Transportation website. In those cases, the mortgage will probably include a due-on-sale clause. Resolution Statement 2013-2023 Form. There is usually a waiting period of about 45 days before Small Estate proceedings in Arizona can be started, however, the court may waive the waiting period with good cause. 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. Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. However, it's important to know that only probate assets are counted toward these limits. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process. We are certified by the Arizona Supreme Court. (66) Person Filing. Avoiding probate generally means the transfer happens more quickly, but this option is only available for estates with a total value less than the maximum amount decreed by the state. (73) Matter Of Estate. Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. How Does the Probate Process Start in Arizona? This set of forms is to be used to claim wages, personal property, or real property from the estate of a person who has died in Maricopa County, Arizona. (62) Arizona Decedent Social Security Number. You will need to contact the school directly for enrollment or re-enrollment back into public school or into private school. (37) Case Number. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. 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. in the estate of the person who died The heirs must also state that the value of the real property is not more than $100,000 as of the date of death. (18) Delivered Interests To Affiant. Help. As a general rule, you do not need to file the Small Estate Affidavit with any court. Checklist. He walked us through what he could do for us, or what we read more, I selected Jeff because his website was very well done and informative (no prior reference, just liked what he said on his website). Child Support Calculator - Link to AZCourts Website. (102) Formal Release From Those Named In Will. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. One of the most important things for both Arizona residents and their loved ones to understand is how small estate affidavits work and why they are so important. 59th Annual Meeting Registration - California Forest Pest - caforestpestcouncil. It is possible that there are multiple ways that you are entitled to the property. Click here for answers to Frequently Asked Questions. ancillary, trust ), whether this is formal or informal probate of the Decedents Will or some Other action which must be documented as requested by marking the appropriate checkbox. Electronic Child Support Submission | See ExpertPay or call - 1 (800) 403-0879. Affidavit of Financial . If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. This paperwork can be filed by one of several types of Parties. If you require legal advice prior to getting started with one of our services please do so with an attorney licensed with the Arizona State Bar. Select the ninth definition if there is more than one Affiant behind this document, none of the Affiants are sole Heirs, and every other Heir has provided an affidavit releasing their interests to the Affiants behind this paperwork. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. This clause may not apply if the surviving relative continues to live in the home. Set as Default Template Does A Beneficiary Have The Right To See A Trust? Arizona Residency Affidavit . (19) Description. 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. (26) Signature Of Person Making Affidavit. Consult the Arizona Decedents death certificate then document the noted place of his or her death. Estate Planning The amount must be not more than $5000 owed. Display: (88) Case Number. This parcel borders Coronado National Forest and Arizona Trail is nearby. [ Do Not Sell My Personal Information ] [SiteMap]. Affidavit of Succession to Real Property. For Sale: 10 Acres S Owl Cove Rd, Marana, AZ 85658 $115,000 MLS# 22228628 Beautiful, saguaro studded 10 acres of vacant land, bordered by Federal land to the west. More Real Estate Resources. An Arizona Small Estate Affidavit must be notarized. endstream endobj startxref . (64) Printed Name. Affidavit of Direct Child Support Payments. Website Navigation Transfer of Small Estate by Affidavit. (93) Greater Or Equal Right Relinquishment. 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. (7) Filer Status. Write down your name, contact details containing the full address, email, zip code, telephone number, the bar number of your attorney, and the authorized fiduciary number. 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. We can also help you with a simple uncontested probate, formal probate, and complex probate. He was very professional and timely in providing these services. read more, We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. . Using small estate affidavit to obtain balance in checking account from AZ . 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. Small Estate Transfers. Seek instruction from this Party before executing this document. Transfer of Small Estate by Affidavit Popular. If a previous account has been submitted and this document is meant to update or correct previous information regarding the Petitioner, Survivors, or Arizona Decedent, then this paperwork must be presented as such. 1. INFORMATION ABOUT PERSON WHO DIED: For civil, small claims, and . Consult With a Local Probate Attorney. As Staff Page Only He was very responsive, professional and helpful. 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. Arizona Small Business Income Tax Highlights Affidavit of Property Value This form is used to record the selling price, date of sale and other required information about the sale of property. Small Estate Affidavit of Succession- Many people wonder whether or not they have to go through probate when a loved one dies with a small estate. Arrearage Calculation Request.