This institution is an equal opportunity provider. 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. 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. 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. What Happens at an Arizona Probate Court Hearing? While the price of handling an estate will vary, you can expect to spend at least $1000 on an a small estate affidavit, plus any additional expenses. 1. If the Affiant is the Child of the Arizona Decedent, and the Arizona Decedent had no spouse or the concerned property is not considered the property of the Spouse then choose the second statement in this list. Child Support Order. (94) No Surviving Spouse. The value is not determined by the fair market value of the home or property. 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. Affidavit Instead of Probate - Small Estate Affidavit for Collection of Personal Property Affidavit for Collection of Wages The documents you have received are copyrighted by the Superior Court of Arizona in Pinal County. Small Estate; Affidavit of Heirship . In many cases, the property in question will have an outstanding mortgage. 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). 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. Jury Information . dementia) or an Adult that requires inpatient psychiatric treatment then select the appropriate code and definition from Section 230 Guardianship.. 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 . In most cases, you can obtain a copy of the deed from the County Recorders Office where the property is located. While there is no formal process as to how an Arizona Small Estate Affidavit must be drafted, a few relevant specifics must be included: Sometimes an Arizona Small Estate Affidavit might not be the right course of action, depending on the deceased persons assets and the conditions of their financial health. This calendar date should be presented. 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. He asked all the right questions and provided the answers to our concerns. When the legal documents were completed, he thoroughly reviewed each of the documents with us and provided us with a complete and detailed listing, including instructions, of the activities we needed to complete to transfer/assign our assets to the living trust. Listen. If the Arizona Decedent did have a will but the Affiant has obtained the right to claim the estate with a written release of interest from every Rightful Heir named then, select the final checkbox in Section 6. (46) Fidicuary Information. He asked all the right questions and provided the answers to our concerns. Russo Law Group, P.C. This issue may need to be handled by the Notary Public in attendance of the signing. It is important to note that the tax assessment of the property is often substantially less than the current fair market value of the real estate. 01. Produce all digits making up the Arizona Decedents social security number. It is possible that there are multiple ways that you are entitled to the property. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. The purpose of the document is to avoid court and probate when appropriate. (68) Lawyers Bar Number. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. We serve clients in the Phoenix metropolitan area. Sign your name to declare the content of this paperwork is as accurate as possible. 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. Family Court Forms. 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. (97) Affiant As Sole Heir. He was so efficient and covered all my personal concerns. (35) Lawyer Information. Collection of personal property affidavit. (45) Filers Attorney Information. If the Arizona Decedent did not have a will but the Affiant is the Sole Heir to the estate, then place a mark in the appropriate checkbox and continue through this declaration by selecting I Am if only a single Affiant is involved or We Are if more than one Affiant is involved. Free Small Estate Affidavit Form Graham County Arizona If this petition will concern a Guardianship-Conservator combination where at least one Party involved can be considered a Minor or severely debilitated Adult who requires representation then locate and use Section 240s choices to establish this fact. A Small Estate Affidavit allows a person to inherit the property of a deceased individual when the value is low and speeds up summary probate claims. A form used to simplify the probate process for small estates. JacksonWhite Law offers a full range of legal services to assist individuals, families and businesses in achieving success through out the state of Arizona on a wide range of legal matters. When the affidavit is filed, it must be accompanied by a certified copy of the death certificate, along with the original will (if there is one). Information on the various Courts in Pinal County, Information on careers with the Pinal County Superior Court. 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. This should be presented immediately upon signing as the current calendar date at the time. However, successors are allowed to wait for a few years after the decedent passes. Produce the full name of the Decedents Personal Representative or Special Administrator. A small-estate affidavit is a procedure available under Arizona estate law that allows heirs and beneficiaries to bypass the probate process, which can be lengthy and expensive. List every debt owed to the Arizona Decedent where requested. Define how the Arizona Decedent owned the property (i.e. Make sure to list this Attorneys name, contact information (Telephone and Email) as well as his or her Bar # to the appropriate areas of this document. Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. An Arizona small estate affidavit is a legal document that can be used to transfer assets from the estate of the decedent without going through the probate process. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . We very much appreciate the legal services provided by Jeffrey. Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 Help. (14) No Will Made. If the Filer is an Attorney, then the name of the Affiant must be presented. Welcome to Pinal County Court System. 14-3971.Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. Our Services . A.R.S. Read More. Default Staff Template: Notebook_Blue We will discuss this further below. The small estate affidavit process may only be used in cases where probate is not required. Thirty days must have passed since the date of death as certified in the death certificate. with personal property valued at less than $75,000 and real property under $100,000. (32) Wards, Decedents, Trusts, Or Individuals. Althoug We are so happy to have found Jeffrey. If the value of the personal property or real property exceeds these amounts, probate is necessary. 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. He was very responsive, professional and helpful. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. (22) Total Value. (95) Surviving Children Of Affiant. Visit the appropriate court office. (67) Contact Information Of Filer. Arizona-$100,000 (real property); $75,000 (personal property) . If the decedent left a will, the petitioner must obtain a copy. Under Arizona law the motor vehicle division . West wind 5 to 7 mph becoming light and variable in the evening. English. The estate must be valued at less than $100,000 for Arizona to grant this affidavit - larger estates are required to go through probate . (102) Formal Release From Those Named In Will. The time following the death of loved one or family member can be challenging. The procedure is typically carried out by the decedents surviving spouse and/or children but can be initiated by anyone claiming to be a legitimate heir at law, whether the decedent had a will or died intestate. This paperwork can be filed by one of several types of Parties. The Filer must declare whether he or she is a Private Party acting in his or her own interests, an Attorney representing the Affiant, or an Agent of the Affiant. Copyright 2023 MH Sub I, LLC. 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. He is very pleasant to work with and I highly recommend him to anyone needing help with estate planning. 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. Probate - Small Estate Transfers - Packet # 92 Personal Property - not to exceed $75,000. The amount must be not more than $5000 owed. 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. The heirs must also state that the value of the real property is not more than $100,000 as of the date of death. INFORMATION ABOUT PERSON WHO DIED: Arizona Revised Statutes allows for successors (more commonly known as heirs) to file this affidavit in the court of the county in which the person was living at the time of death. My husband Steve and I relocated to Arizona from another U.S. state so we wanted to update all of our estate planning documents. The Party submitting this paperwork with the intention of gaining the listed Arizona Decedent estate (personal) property must sign his or her name as a licensed Notary Public (recognized by the State of Arizona) observes.
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