If the Filer is an Attorney, then the name of the Affiant must be presented. (26) Signature Of Person Making Affidavit. (40) 230 Guardianship. | (73) Matter Of Estate. Affidavits can be filed ANY TIME OF YEAR. If an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. Jury Information . The death certificate can be obtained from the local health department for a nominal fee. The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. We were fortunate that we came across Jeff Hall. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. (12) Relationship To Arizona Decedent. 14-3971.Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. In cases where the home is the only significant asset, the value of the property may mean that the small estate affidavit cannot be used. If there are more than one Affiants, each must provide a notarized signature. Furnish your name to the declaration statement made. 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. A checklist of topics with their appropriate State Codes has been supplied to review. 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. In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. 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 the entire value of the decedent's equity real estate . 2020 0 obj
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Other Probate Forms. Black Living Room End Tables. . Get form. Child Support Calculator - Link to AZCourts Website. small estate affidavit arizona. 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. Select the first checkbox statement in Section 10 if the Affiant is the Spouse of the Arizona Decedent and can claim the concerned real property of the estate through A.R.S. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. Get form. Spoiler alert: very few people now have to pay these taxes. He created read more, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. Arizona Residency Affidavit . 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. My wife and I felt very comfortable with Jeff. 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. At least thirty (30) days must pass before the transfer of personal property. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. MVD Services. Free Small Estate Affidavit Form Santa Cruz County Arizona The real property must be valued below $100,000 and six months must have passed since the decedent's death. Set as Default Template Get form. Produce the full name of the Arizona Decedent on the left side of the page then indicate if he or she is an Adult or Minor by selecting the appropriate checkbox. You may use the forms and instructions in this packet if . 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. (54) Licensing Status. (95) Surviving Children Of Affiant. A small estate affidavit allows you to speed up the process of delivering things that are owed to people. Arizona Code of Judicial Administration (ACJA), Chapter 3. Small estate affidavits are filed with the Register of Wills. Contract Attorney Tampa Fl A general personal representative excludes a special administrator. Arizona Small Estate Affidavit 2011-2023 Form. Step 1 Download in Adobe PDF or Microsoft Word (.doc). (70) Filer Status. Produce the full name of the Decedents Personal Representative or Special Administrator. Departments. Website Navigation 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. In order to use the small estate affidavit of succession for real property, you must wait 6 months after the person has died. The state of Arizona uses the Small Estate Affidavit process to transfer assets from the deceased to their heirs without going through probate. 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. 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. (8) County. All rights reserved. He was very professional, meticulous in how the trust was written, made several recommendations, but there was no pressure.We would highly recommend his services.John Lee. 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. Forms: Affidavit of Direct Payment. Our Services . I'd definitely recommend Jeff for his legal services. 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. 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. (68) Lawyers Bar Number. XXXX N Hugget Trl S Unit B3; Display: The value of all of the. Free Small Estate Affidavit Form Pinal County Arizona 1. If this is not the case, then do not select this statement. . My husband Steve and I relocated to Arizona from another U.S. state so we wanted to update all of our estate planning documents. arizona small estate affidavit pinal county. Filing the small estate affidavit involves a two-step process. This calendar date should be presented. 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. Welcome to Pinal County Court System. 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. Free Small Estate Affidavit Form Mohave County Arizona 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. 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. Produce the mailing address and/or physical address of the Representative as requested. This process begins with a report of the current date. 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. For purposes of the affidavit, the county of filing is the county where the property is physically located. Free Small Estate Affidavit Form Navajo County Arizona June 3, 2020 Listen. Select the appropriate checkbox to indicate if the Affiant is the Sole Heir to the real property of the Arizona Decedent because he or she has been named as such in the Decedents will. (42) Todays Date. Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. (81) Legal Description. 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 monetary worth of each piece of the Arizona Decedents property listed in the previous area must be assessed then recorded. 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. [ Do Not Sell My Personal Information ] [SiteMap]. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . Library File Link: 32-6901. 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. 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. He asked all the right questions and provided the answers to our concerns. If the affidavit is accepted by the court, the property can be transferred to the designated heirs. Call (480)467-4365 or fill out our contact form to schedule your consultation and discuss your best legal options. If there was a personal representative and that person was discharged or more than one year has passed since the closing statement on the estate was filed, it is still possible to use the affidavit of succession to real property. (24) Name Of Who Owes The Debt. 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. Arrearage Calculation Request. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. Southeast wind 6 to 13 mph becoming west in the afternoon. 14-3971) FOR TRANSFER OF PROPERTY WHEN PERSON HAS DIED . 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. Define how the Arizona Decedent owned the property (i.e. This should be presented immediately upon signing as the current calendar date at the time. If there are, the name and address of each creditor, specifying the amount owed to each one, A list of everyone holding property due to the estate, with the particular property stated, as well as the name and address of the individual, A list of everyone entitled to receive property from the estate, stating their name, age, address and relationship with the deceased person, That notice will be given to other successors and creditors notifying them of the affiants intention to lay claim to the estate, That the affiant understands under penalty of perjury that the Small Estate Affidavit Arizona form is not false or misleading, There are minor or disabled beneficiaries, There are creditors or funeral expenses yet to be settled, The will might be contested, ambiguous or of questionable validity, Probate proceedings have already been initiated. A personal representative is also commonly referred to as an executor.