(7) Filer Status. Free Small Estate Affidavit Form Cochise County Arizona (13) Named In The Will. For civil, small claims, and . (104) Signature Of Person Making Affidavit. For purposes of the affidavit, the county of filing is the county where the property is physically located. The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. I would highly recommend Jeff for all your estate planning needs. 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. Begin Section 10 by selecting the first or second checkbox from the Reason statement. arizona small estate affidavit pinal county Arizona Affidavit Process for Small Estates May Avoid Probate 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. 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. 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. In Arizona, a personal representative is appointed by the court. Create a high quality document online now! Packet 01 - Appointment of Personal Representative Executor. Fill in the county where the deceased lived and passed away. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. (64) Printed Name. Pinal County Probate Court - LegalConsumer.com 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. 14-3971 (B), ARS. Free Small Estate Affidavit Form Mohave County Arizona Mostly clear, with a low around 44. Excellent and timely serviceRobert. This selection should only be chosen if the Arizona Decedent did not have a will. small estate affidavit arizona - CocoDoc Small estate affidavit. Manually operated gated are. Print your name before executing your signature. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. Affidavit for Collection of Personal Property | Arizona - AZDOR 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. What is a Small Estate Affidavit? What You Need to Know - Trust & Will He was prompt and listened to our needs and made very good suggestions. The first checkbox in this section should be selected if the Children of the Arizona Decedent are the Affiant(s) behind this document and no Spouse of the Arizona Decedent has as powerful a claim to the estate property. 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. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. Althoug We are so happy to have found Jeffrey. The value of the property is determined by the full cash value of the property from the tax assessment rolls the year the person died. You may use the forms and instructions in this packet if . My comments are of a general nature and should not be considered legal advice for your particular situation or issue. Black Living Room End Tables. Small Estate Affidavits in Arizona - JacksonWhite Probate Law 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. Pinal County. Transcribe the Arizona Decedents formal calendar date of death to Section B. Recommendation re. . Arizona-$100,000 (real property); $75,000 (personal property) . Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. Call our Probate team at (480) 467-4365 to discuss your case today. Free Affidavit to Collect Personal Property Packet - Arizona You are required to be guided by the order and comply with its provisions. 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. (89) Arizona Decedent With No Will. Arizona Residency Affidavit | ADOT - Arizona Department of Transportation 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 this is done it will be time to define the Affiants status to the Arizona Decedents estate and (if relevant) last will and testament by selecting the appropriate definition(s) from the list below. 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. (75) Single Or Multiple Petitioners. Partly cloudy, with a low around 46. 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. %%EOF 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. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. This issue may need to be handled by the Notary Public in attendance of the signing. A. 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 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. This institution is an equal opportunity provider. We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. It is possible that there are multiple ways that you are entitled to the property. Free Small Estate Affidavit Form Pinal County Arizona A.R.S. property that is both tangible and intangible). Search for cases using statewide search . The person died without a 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 you, which is proven by the copy of the documents they signed to this effect that you are attaching to the affidavit. My husband Steve and I relocated to Arizona from another U.S. state so we wanted to update all of our estate planning documents. . At least six (6) monthsmust pass before the transfer of real property. Call (480)467-4365 or fill out our contact form to schedule your consultation and discuss your best legal options. To this end, the Filer must select the Self or the Attorney checkbox. (66) Person Filing. The Individual submitting this document must self-identify at the beginning of this declaration. I do not know if we could have completed the process without this listing. It is important to understand the process of transferring property through the small estate affidavit process. 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. (34) Petitioner Status. Download (pdf, 673 KB) (45) Filers Attorney Information. Resolution Statement 2013-2023 Form. Law Enforcement Resources/AZ Crash Report/Training Resources . When we deliver a small estate affidavit to a person or agency (such as the MVD) the person receiving it is not required to inquire as to the truth of the statements in the affidavit. For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. If this document involves the Guardianship of a Minor or Adult who is incapacitated with an advanced condition (i.e. If the Filer is an Attorney, then his or her bar number must be included with his or her information above. All rights reserved. Nestled between Maricopa County (Phoenix) and Pima County (Tucson), Pinal County is home to over 439,128 residents. 14-3971. (82) Decent Property Ownership. Seniors > Losing Spouse/Parent > ARIZONA PROBATE FUNDAMENTALS Zoning summary. (15) Affiant Status. Set as Default Template (9) Name Of Person Who Died. Under Arizona law the motor vehicle division . (35) Lawyer Information. Purpose: For obtaining title to the vehicle from a deceased vehicle owner's estate. 27/9 1 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. Affidavit of Succession to Real Property. Our mission is to administer timely and efficent justice with respect and fairness to all. 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. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. In addition, Jeffrey is very personable. 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. The Arizona Decedent this document concerns must be named. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. (76) Deceased. 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. The Arizona County where this issue is filed should be displayed at the top of the page. 14-3971 (Collection of Personal Property by Affidavit). 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. In 2023, that is $12.92 million. Russo Law Group, P.C. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. 2020 0 obj <>/Filter/FlateDecode/ID[<213A679C73452E4686CE173FCC03B850><51F5A238027D014F90AC8C8112BC96BB>]/Index[2006 23 2031 1]/Info 2005 0 R/Length 82/Prev 688044/Root 2007 0 R/Size 2032/Type/XRef/W[1 2 1]>>stream The Petitioner(s) or Petitioners Attorney must dispense a notarized signature to this document once it has been completed. June 3, 2020 INFORMATION ABOUT PERSON WHO DIED: 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. Collection of personal property affidavit. Electronic Payment Authorization. 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 pinal county If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. Probate is a legal process that goes through the local courts in the county where the deceased person lived. Form Number: 10695. . If the Arizona Decedent did not have a will in place then mark the checkbox corresponding to the statement The Person Who Died Had No Will This will require an additional description of the Affiant(s). He was so efficient and covered all my personal concerns. The real property must be valued below $100,000 and six months must have passed since the decedent's death. 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. We will discuss this further below. This requires a formal written release from the Arizona Decedents Heirs to be attached to this document. His price was reasonable and the turnaround time was excellent. (96) Arizona Decedent Siblings. Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . A personal representative is also commonly referred to as an executor. Furthermore, If the Representative being identified is a Licensed Fiduciary then provide his or her license information to the area requesting it. Non-Probate Affidavit . Arizona Probate Forms and Resources Boards . Statewide Paralegal is a complete case management legal document preparation service. . (8) County. (22) Total Value. In this case, it is known as a small estate. 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. Report the amount of money owed for the debt reported. 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. (29) Arizona Notarization. Affidavit of Property Value | Arizona Department of Revenue - AZDOR Section 7 is where every piece of personal property owned by the Arizona Decedent must be documented. English. Additionally, the total assessed value of the estates real property cannot exceed $100,000 after the value of liens or encumbrances has been subtracted. Copyright 2023 MH Sub I, LLC. My wife and I highly recommend Jeffrey for these legal services. If the decedent had a will, the assets are distributed according to the will. Free Maricopa County, Arizona Small Estate Affidavit Form | PDF | Word 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. 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. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. (31) Case Number. 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. (98) Release From Greater Or Equal Right Heirs. The same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. Get form. 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. (97) Affiant As Sole Heir. We serve clients in the Phoenix metropolitan area. Each topic that applies to this paperwork must be selected. There are alternatives to probate that we, at Arizona Statewide Paralegal, can help you with when you have a family member who has passed away with a small estate. . June 22, 2022; Posted by . Define how the Arizona Decedent owned the property (i.e. Instructions for Making Support Payments. Read More. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. 59th Annual Meeting Registration - California Forest Pest - caforestpestcouncil. (73) Matter Of Estate. 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. The death certificate can be obtained from the local health department for a nominal fee. 14-3971. 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. Transferring a Small Estate Without Probate. We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. Free Small Estate Affidavit Form La Paz County Arizona Arizona Code of Judicial Administration (ACJA), Chapter 3. 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. 3) Your childis discontinuing public school to attend a private school. In addition, if the decedent had any outstanding debts, funeral expenses, or mortgage payments, these must either be cleared before receiving the affidavit, or the decedents estate will be responsible for paying the balance. 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. The people signing the affidavit state the basis or reason for why they are entitlement to the real property. They're used to simplify the probate process for estates valued at $50,000 or less. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) 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. Diving Helmet Squeeze Death, Articles A
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