If the decedent left a will, the petitioner must obtain a copy. Arizona law allows family members to use an affidavit of succession in cases where a person has died and has less than $100,000 in real property value such as a home or land and less than $75,000 in personal property. A form used to simplify the probate process for small estates. Enjoy the small town, country lifestyle on your own private horse property. You are required to be guided by the order and comply with its provisions. 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. Board of Supervisors. (92) Sole Heir Of No-Will Arizona Decedent. Get form. At least six (6) monthsmust pass before the transfer of real property. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. . 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. (39) 220 Conservator. In Arizona the small estate affidavit for collection of personal property does not need to be filed with the court, but it must be notarized. 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. Call us at 480-409-5174 or contact us online for a free consultation. Produce your full name at the top of this page to identify yourself as the Filer of this document. 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. Child Support Order. Other products and services may be trademarks or registered trademarks of their respective companies. Getting Grandparent Visitation Rights-Part 2, simple uncontested probate, formal probate, and complex probate, Special Needs Child becoming an Adult Guardianship, Last Will, Living Will and Living Trust Packages. (90) Status Of Entitled Spouse Of No-Will Decedent. 14-2401 through 14-2405. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. (8) County. Free Small Estate Affidavit Form Cochise County Arizona (100) Named As Heir To Estate In Will. (56) Contact Information. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. MVD Services. Produce the dollar sum of values entered for the Arizona Decedents listed personal property. Resolution Statement 2013-2023 Form. Read More. (53) Name. (94) No Surviving Spouse. If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. One of the biggest disadvantages of using the Affidavit of Succession to Real Property is that the beneficiary is required to wait six months after the death of the prior owner before making the filing. Once the act of signing has been completed, the Affiants printed name must be submitted. Partly cloudy, with a low around 46. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. (104) Signature Of Person Making Affidavit. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. In most cases, you can obtain a copy of the deed from the County Recorders Office where the property is located. Thirty days must have passed since the date of death as certified in the death certificate. (2) Address. (88) Case Number. Affidavit to Obtain Payment or Delivery of the Assets of a Decedent Whose Estate Does Not Exceed One Hundred Thousand Dollars 755 ILCS 5/25-1 5/ 25-1. Jeffrey P. Hall 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. Arizona Code of Judicial Administration (ACJA), Chapter 3. 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. Or mailed to: Pinal County School Office. Affidavit of Succession to Real Property. You have permission to use them for any lawful purpose. The assessed value of the real property (land and permanent structures on the land) in the decedent's estate located in Arizona, less liens and encumbrances as of the date of the decedent's death, does not exceed $100,000, and at least 6 months have passed since the death of the decedent, and/or. Using small estate affidavit to obtain balance in checking account from AZ . Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. 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. 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. (40) 230 Guardianship. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. 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. He asked all the right questions and provided the answers to our concerns. APN. To find where to file, use this Court Locator. At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000, on being presented an affidavit made by or on . Collection of personal property affidavit. . This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. A.R.S. Once the Affiants have provided his or her signature, the Notary will complete the area that follows to authenticate his or her signature. 1. In 2023, that is $12.92 million. Welcome to Pinal County Court System. Free Small Estate Affidavit Form Graham County Arizona %%EOF Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. Free Small Estate Affidavit Form Pima County Arizona 1. The time following the death of loved one or family member can be challenging. Delaware: Real property: $30,000: District of Columbia-$40,000: Florida-Typically $75,000, but varies by county: Georgia . Arizona Residency Affidavit . Filing the small estate affidavit involves a two-step process. If the Representative is not a Licensed Fiduciary then several additional pieces of information should be recorded. (86) Greatest Interest Surviving Minor/Dependents. This parcel borders Coronado National Forest and Arizona Trail is nearby. Does A Beneficiary Have The Right To See A Trust? You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. Departments. A.R.S. The value is not determined by the fair market value of the home or property. 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. Transfer of Small Estate by Affidavit. 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. What Happens at an Arizona Probate Court Hearing? 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. 170Scottsdale, AZ 85250, Phoenix2330 N. 75th Ave, Suite 211APhoenix, AZ 85035, Immigration Law Family Law Criminal DefenseEmployment Law Personal Injury Estate Planning ALTCS Other Practice Areas, COPYRIGHT JACKSONWHITE PC, 2022, ALL RIGHTS RESERVED. We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. (105) Printed Name Of Person. Listen. Library File Link: 32-6901. An Arizona Small Estate Affidavit must be notarized. Purpose: Residency affidavit to be eligible for an Arizona Travel-Compliant Driver License or Non-operating ID. 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. Set as Default Template In addition, there can be no federal or state estate tax due. Statewide Paralegal is a complete case management legal document preparation service. Affidavit of Financial . Furnish your full address to the two lines available below your name. Rowley Chapman & Barney, Ltd. can help you with estate planning, or any other legal issues in Arizona. Attorney Advertising. Child Support Calculator - Link to AZCourts Website. Jeffrey P. Hall, PLLC Law office locations: Understanding Arizonas Small-Estate Affidavit Procedure. 2028 0 obj <>stream We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. Small Estate; Affidavit of Heirship . Arrearage Calculation Request. He prepared our Estate Plan documents on a timely basis for a reasonable price. We can also help you with a simple uncontested probate, formal probate, and complex probate. Give our Mesa probate lawyers a call today at 480-833-1113. (66) Person Filing. Subscribe for Updates; Site Map. 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. An heir or devisee of property may be able to use the affidavit procedure to claim estate assets without going through the probate process. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. 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. Furthermore, If the Representative being identified is a Licensed Fiduciary then provide his or her license information to the area requesting it. Departments that will help you traverse the court system. Mostly clear, with a low around 44. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. My comments are of a general nature and should not be considered legal advice for your particular situation or issue. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. The Notary Public overseeing this process will verify this date as well as the signature provided once this document is released to him or her. 0 Begin Section 10 by selecting the first or second checkbox from the Reason statement. In Maricopa County, most probate matters are handled by the Probate Registrar, who is located in the Old Courthouse in downtown Phoenix, or by Maricopa County Superior Court Commissioners located in each Superior Court location. 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. In the small estate affidavit of succession, the heirs must state that a personal representative has not been appointed or that an application for a personal representative is not pending. 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. Visit the appropriate court office. 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. It is important to note that filing for informal probate will typically be more costly than using the small estate affidavit process. Forms: Affidavit of Direct Payment. Unlike . The top of the next page must display the case number for this matter. Produce the physical location of the Decedents personal property. Free Small Estate Affidavit Form Pinal County Arizona In this case, it is known as a small estate. Jeffrey made the process very comfortable. (84) Petitioning Spouse. Instructions for Making Support Payments. If the Affiant is not the Sole Heir and the Decedent has not made a will but all other Heirs have released their interest in the Arizona Decedents real property through a written (and attached) statement then the eighth major statement definition must be selected. In addition to the requirements above, the individual signing the small estate affidavit of succession for real property must ensure that all funeral expenses, expenses of last illness and all unsecured debts of the person who died have been paid. The County where this paperwork is filed should be produced to the top of the page. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. More Real Estate Resources. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger estates are required to go through probate court and the successors must wait at least 6 months before filing for the forms. 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. How Do You Transfer Real Estate Using a Small Estate Affidavit? He asked all the right questions and provided the answers to our concerns. property that is both tangible and intangible). 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. Althoug We are so happy to have found Jeffrey. 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. Affidavits can be filed ANY TIME OF YEAR. However, successors are allowed to wait for a few years after the decedent passes. A checklist of topics with their appropriate State Codes has been supplied to review. We are certified by the Arizona Supreme Court. 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. The second step of the small estate affidavit filing process is to record the affidavit in the same county. The information presented at this site should not be construed to be legal advice. (43) Signature Of Petitioner Or Petitioners Attorney. If you are a Fiduciary Agent then record your fiduciary number where requested. (87) Named In Will. 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. (25) Total Amount Owed. Download (pdf, 673 KB) 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. 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. You may use the forms and instructions in this packet if . We found Jeffrey P. Hall online via Google since we did not know anyone really in Arizona to ask for a referral, so Jeff answered all of our questions as we got our will updated. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. Display: Define The Relationship To The Arizona Decedent. Estate Planning Produce all digits making up the Arizona Decedents social security number. 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. The Small Estate Administration process in Arizona is started when the affiant makes the application at the appropriate local court in Arizona where the decedent passed. (65) Signature. (106) Date. (62) Arizona Decedent Social Security Number. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. 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. Seek instruction from this Party before executing this document. (7) Filer Status. 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. 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). There will be a few additional areas for this purpose. (20) Value. does licking a canker sore make it worse richard schwahn one tree hill The death certificate can be obtained from the local health department for a nominal fee. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. (42) Todays Date. Great communicator, very knowledgeable and patient. If an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. (96) Arizona Decedent Siblings. The death certificate of the Arizona Decedent will have the official date of death. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. Choose the final statements checkbox if the Affiant is the Sibling (Brother or Sister) of the Arizona Decedent and has the greatest right to his or her real property because there is no closer Survivor ( Spouse, Child, Parent). If the person who died has a partial interest in a property, perhaps as a co-owner, then you would determine value based on what percentage was owned by the person who died.
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