The estate must be valued at less than $100,000 for Arizona to grant this affidavit - larger estates are required to go through probate . Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. Fill out and print a free Arizona Small Estate Affidavit form in just minutes online. Contact our office to today to start the process for your small estate affidavit of succession. Filling Out the Arizona Small Estate Affidavit Form. The petitioner must also verify that the net value of the decedents property (minus debts) qualifies for small-estate treatment. 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. If the Affiant is the Sibling of the Arizona Decedent and his or her claim to the estates real property is greater than the Decedents Spouse (because the Decedent was the sole owner) or the Decedent had no Spouse and no will, then select the second statement in this area. Does A Beneficiary Have The Right To See A Trust? According to the Arizona Revised Statutes, a personal representative includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status. Confirm the case number assigned to the Decedents estate. If the property was not in the possession of the Arizona Decedent, then the full name and contact information of the current Holder of the Arizona Decedents property must be provided. | Home facts updated by county records on Nov 26, 2022. 3) Your childis discontinuing public school to attend a private school. 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. If seeking personal property, it is not necessary to file the small estate affidavit with the court. . (93) Greater Or Equal Right Relinquishment. Free Small Estate Affidavit Form Cochise County Arizona We were fortunate that we came across Jeff Hall. Use the downloadable small estate affidavit and the affidavit of heirship to prevent a deceased loved ones estate from going to probate court, and ensure there are no legal battles for ownership of finances or property after they have passed. Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. Start Here. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. More Real Estate Resources. Here are some of the most commonly asked questions about small estate affidavits, also known as Affidavit for Succession to Real Property, in the state of Arizona. Form Number: 10695. . 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 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. Click here for answers to Frequently Asked Questions. 27/9 1 If the decedents personal property bank accounts, vehicles, other non-real estate property values less. (76) Deceased. . . (31) Case Number. The full name of every Party involved with this matter, whether it is a rightful Heir, Survivor, Ward (of the Decedent), Minor, Dependent, or Trust should be documented. dementia) or an Adult that requires inpatient psychiatric treatment then select the appropriate code and definition from Section 230 Guardianship.. (98) Release From Greater Or Equal Right Heirs. In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. This issue may need to be handled by the Notary Public in attendance of the signing. 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. To find where to file, use this, A.R.S. Download (pdf, 673 KB) arizona small estate affidavit pinal county. Child Support Calculator - Link to AZCourts Website. The surviving spouse must also state that there is no application or petition for the appointment of a personal representative, the personal representative has been discharged or it has been more than one year since a closing statement for the estate has been filed. Other Probate Forms. Family Court Forms. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. 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). Arizona Code of Judicial Administration (ACJA), Chapter 3. Free Small Estate Affidavit Form Gila County Arizona The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This paperwork can be filed by one of several types of Parties. If the Filer is an Attorney, then the name of the Affiant must be presented. Court and Hearing room cases occurring today. Thirty days must have passed since the date of death as certified in the death certificate. P.O. In many cases, the property in question will have an outstanding mortgage. For instance, the tax assessment on a given parcel of real estate may be $180,000, even if the fair market value of the property is closer to $220,000. . (23) Amount Owed. Define The Relationship To The Arizona Decedent. 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. If the Representative is not a Licensed Fiduciary then several additional pieces of information should be recorded. Produce the full name of the Decedents Personal Representative or Special Administrator. Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. Hear what is happening in Pinal County Court and Hearing Rooms. 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. However, successors are allowed to wait for a few years after the decedent passes. 2022 Electronic Forms LLC. In some cases, it may be better to petition for an informal probate, since the probate can be opened and closed before the six-month waiting period has expired. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. Packet 01 - Appointment of Personal Representative Executor. Search for cases using statewide search . We were also happy with our initial consultation: We've read some people charge for this if you don't hire them. It is possible that there are multiple ways that you are entitled to the property. Select the checkbox corresponding to the Interpreter statement if anyone producing this document or receiving this document requires a formal interpretation of its content. Purpose: Residency affidavit to be eligible for an Arizona Travel-Compliant Driver License or Non-operating ID. June 3, 2020 A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. He is very pleasant to work read more, I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. Get form. [ Do Not Sell My Personal Information ] [SiteMap]. If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. What Happens if No One Applies for Probate? INFORMATION ABOUT PERSON WHO DIED: If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process. If however, the property had a loan on it the value is determined by the unpaid principal balance due on the debt as of the date of death. You may use the forms and instructions in this packet if . List every debt owed to the Arizona Decedent where requested. 59th Annual Meeting Registration - California Forest Pest - caforestpestcouncil. If this is not the case, then do not select this statement. The address, telephone number, and email address where the Filer of this affidavit can be contacted must be furnished with the Filers identity. (57) Non-Fiduciary Representative Information. The County where this paperwork is filed should be produced to the top of the page. As Staff Page Only (10) Date Of Death. Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 What Happens at an Arizona Probate Court Hearing? Made the challenging, easy, I selected Jeff because his website was very well done and informative (no prior reference, just liked what he said on his website). The name, mailing address, current phone number(s), and email address identifying the Filer of this paperwork with his or her contact information should be delivered to the top of this form. (58) Name. 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. If a Licensed Fiduciary is involved, his or her complete license number is required. 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. Notice of the filing must be given to all known heirs. The Petitioner(s) or Petitioners Attorney must dispense a notarized signature to this document once it has been completed. This calendar date should be presented. (21) Location, Or Who Has Property Now. %%EOF This website is designed for general information only. In 2023, that is $12.92 million. 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. (51) Update Status. The limits are based on the total dollar value of a decedent's assets. There will be a different form for real estate. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. We are certified legal document preparers with exceptional case management services that can ensure your experience during this difficult time is as smooth and seamless 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. 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. The use of a Small Estate Affidavit for Arizona is limited to situations where the deceased person did not have a lot of assets. You'll also find links to: If the Affiant (or Petitioner) is named in the will of the Arizona Decedent to receive control of the estate, then the first checkbox statement of Section 6 should be marked. Arizona Small Estate Affidavit 2011-2023 Form. Boards . Website Navigation Packet 04 - Closing the Estate. The small estate affidavit process may only be used in cases where probate is not required. Probate . Call (480)467-4365 or fill out our contact form to schedule your consultation and discuss your best legal options. If the Representative has a mailing address that is separate from his or her physical address, then both must be recorded. Select the second statements checkbox if the Affiant is a Minor or Dependent of the Arizona Decedent, has written statements from the Arizona Decedents other Dependents that release their interest in the real property to the Affiant, and the Decedent was unmarried or had no Spouse at the time of his or her death. Using small estate affidavit to obtain balance in checking account from AZ . Published (28) Signature Date. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. Attorney Advertising. However, the affidavit process has specific requirements . (92) Sole Heir Of No-Will Arizona Decedent. File size / Pages: 70kb ; 1pg . If there are more than one Affiants, each must provide a notarized signature. (86) Greatest Interest Surviving Minor/Dependents. 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. New India Assurance Renewal Copy Online. Thirty days must have passed since the date of death as certified in the death certificate. If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. His knowledge of estate planning greatly contributed toward for our peace of mind. For personal or real property, when you are claiming property using the affidavit of succession, you will need to list how you are entitled to the property. 100 Quentin Roosevelt Blvd., Suite 102 Garden City, NY 11530 800-680-1717 Our mission is to administer timely and efficent justice with respect and fairness to all. did he or she hold a deed of ownership and if so, what kind of deed) as well as whether he or she was partial owner of the real property or only had a claim to real property. If seeking personal property, it is not necessary to file the small estate affidavit with the court. 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. (22) Total Value. 2) Your child is discontinuing homeschooling or private schooling and returning to a public school. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. To do so, select the Updated checkbox. Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 It is important to understand the process of transferring property through the small estate affidavit process. Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). 1. 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. with personal property valued at less than $75,000 and real property under $100,000. As Staff Page Only, Template: The limit for the purpose of transferring real property is $55,425. 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. 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. (44) Filer Information. After signing this document the Affiant should print his or her name. If the designated heir does not plan to live in the home, they will need to contact the lender before making any transfer of property. Read More. 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. 2023 Pinal County Superintendent Office. He was very professional and timely in providing these services. Partly cloudy, with a low around 46. West wind 5 to 7 mph becoming light and variable in the evening. Probate Cover Sheet. Library File Link: 40-5143. There are different types of small-estate affidavits for personal and real property, each with their own waiting periods: Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. Current Employer Information. Library File Link: 32-6901. Give our Mesa probate lawyers a call today at 480-833-1113. The state of Arizona has some very specific laws governing estates and the distribution of property, and an incomplete understanding of those guidelines could mean increased expenses at what is already a trying time. (43) Signature Of Petitioner Or Petitioners Attorney. The case number assigned to the Arizona Decedents estate should be produced. 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.