Consult With a Local Probate Attorney. You'll also find links to: By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Step 1 Download in Adobe PDF or Microsoft Word (.doc). 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. Information for residents who have the privilege to serve on a Jury. For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. The second step of the small estate affidavit filing process is to record the affidavit in the same county. 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. It is important to note that filing for informal probate will typically be more costly than using the small estate affidavit process. They're used to simplify the probate process for estates valued at $50,000 or less. Free Small Estate Affidavit Form Gila County Arizona . If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. Set as Default Template Pinal County Probate Court - LegalConsumer.com 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 Packet 03 - Administration of the Estate. The limits are based on the total dollar value of a decedent's assets. Library File Link: 32-6901. Free Arizona Small Estate Affidavit Form - PDF - eForms arizona small estate affidavit pinal county. You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . Under current Arizona law, small estates are defined as those in which the deceased owned less than $100,000 in real estate equity or less than $75,000 worth of personal property. Order to Conservator of Minor. (26) Signature Of Person Making Affidavit. 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 . Does A Beneficiary Have The Right To See A Trust? West northwest wind 5 to 8 mph becoming east southeast after midnight. 3) Your childis discontinuing public school to attend a private school. (22) Total Value. West wind 5 to 7 mph becoming light and variable in the evening. For purposes of the affidavit, the county of filing is the county where the property is physically located. Select the first statement from the list of options provided If the Arizona Decedent did not have a will and the Affiant is his or her Spouse. Pinal County, AZ | Official Website does licking a canker sore make it worse richard schwahn one tree hill That is because the proceeds of the home sale may be needed to settle the expenses of the estate. He prepared our Estate Plan documents on a timely basis for a reasonable price. Contract Attorney Tampa Fl The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. The affidavit MUST BE NOTARIZED - Notary service can be provided; call ahead to guarantee it's available. Arizona Residency Affidavit | ADOT - Arizona Department of Transportation Produce your full name at the top of this page to identify yourself as the Filer of this document. (51) Update Status. 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. English. As a general rule, you do not need to file the Small Estate Affidavit with any court. 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. (38) 200 Estate. Rowley Chapman & Barney, Ltd. can help you with estate planning, or any other legal issues in Arizona. On this page are downloadable forms allowing you to access them from your home, work, or library PC, fill them out using the computer, and bring the completed, printed versions to the correct court along with the filing fee. The small estate affidavit process may only be used in cases where probate is not required. Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). (107) Notary Public Action. (76) Deceased. Each of these items will have a place reserved for its presentation. Arizona Legal Forms | SignNow with personal property valued at less than $75,000 and real property under $100,000. 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. Once the Affiants have provided his or her signature, the Notary will complete the area that follows to authenticate his or her signature. This paperwork requires an Arizona-recognized Notary Public to observe the signature process. The information presented at this site should not be construed to be legal advice. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. 0 Understanding Arizona's Small-Estate Affidavit Procedure The Petitioner(s) or Petitioners Attorney must dispense a notarized signature to this document once it has been completed. He was very responsive, professional and helpful. You are required to be guided by the order and comply with its provisions. More than one checkbox may be selected so long as it accurately defines a subject matter relevant to this petition. Small Estate; Affidavit of Heirship . 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. (69) Licensed Fiduciary Number. (98) Release From Greater Or Equal Right Heirs. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed . If the entire value of the decedents equity real estate interest is less than $100,000, then the property may be transferred to the designated heir using the small estate affidavit process. 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 Arizona County where this issue is filed should be displayed at the top of the page. He was very professional and timely in providing these services. 27/9 1 (55) Mailing And Physical Address. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. In many cases, the property in question will have an outstanding mortgage. 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. 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. (46) Fidicuary Information. My comments are of a general nature and should not be considered legal advice for your particular situation or issue. u.vgH}{? Free Small Estate Affidavit Form Santa Cruz County Arizona Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. (15) Affiant Status. He was so efficient and covered all my personal concerns. 2023 Pinal County Superintendent Office. (24) Name Of Who Owes The Debt. Begin Section 10 by selecting the first or second checkbox from the Reason statement. We will discuss this further below. (99) Affidavit Release For Real Property. To learn more about how Jeffrey P. Hall, PLLC, can assist you in determining whether you can use a small-estate affidavit and in completing the process. Arizona Small Estate Affidavit Pinal County - sites.google.com 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. (22) Description. In Arizona, the Small Estate Affidavit may be filed if a decedent's real property has been valued at . personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) Court and Hearing room cases occurring today. 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. Probate Shortcuts for Small Estates in Arizona | Nolo 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. This parcel borders Coronado National Forest and Arizona Trail is nearby. Free Small Estate Affidavit Form Apache County Arizona The first step is to file the affidavit with the county probate court. | Tagged affidavit, net value of decedent's property, petitioner, small-estate affidavit procedure, We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. . Forms | Maricopa County Clerk of Superior Court 14-3971 (Collection of Personal Property by Affidavit). In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. Forms | Pinal County, AZ (19) Description. Transferring a Small Estate Without Probate | LawForSeniors.org 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. You will need to contact the school directly for enrollment or re-enrollment back into public school or into private school. Thirty days must have passed since the date of death as certified in the death certificate. 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. 2022 Electronic Forms LLC. Affidavit of Succession, Proof of Authority, Ancillary Probate | AZ 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. Partly cloudy, with a low around 46. Quick Links. Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. If seeking personal property, it is not necessary to file the small estate affidavit with the court. Russo Law Group, P.C. Information on Collecting Personal Property. 14-3971.Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. Display: This issue may need to be handled by the Notary Public in attendance of the signing. 1. The heirs must also state that the value of the real property is not more than $100,000 as of the date of death. An Arizona small estate affidavit is a legal document that can be used to transfer assets from the estate of the decedent without going through the probate process. If someone died and he or she is owed wages, salary, or other compensation for personal services, the surviving spouse can directly collect this money. Or alternatively, if the person was not living in that county or in Arizona, but owned real property there, you can file an affidavit of succession in the county where the property is located. Define The Relationship To The Arizona Decedent. Arrearage Calculation Request. Free Small Estate Affidavit Form Pima County Arizona If seeking personal property, it is not necessary to file the small estate affidavit with the court. Small Estate Affidavit of Succession | AZ Statewide Paralegal . (40) 230 Guardianship. (43) Signature Of Petitioner Or Petitioners Attorney. If the Filer is an Attorney, then the name of the Affiant must be presented. While there is no formal process as to how an Arizona Small Estate Affidavit must be drafted, a few relevant specifics must be included: Sometimes an Arizona Small Estate Affidavit might not be the right course of action, depending on the deceased persons assets and the conditions of their financial health. Default Staff Template: Notebook_Blue How Do You Transfer Real Estate Using a Small Estate Affidavit? (12) Relationship To Arizona Decedent. A small-estate affidavit is a procedure available under Arizona estate law that allows heirs and beneficiaries to bypass the probate process, which can be lengthy and expensive. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. (9) Name Of Person Who Died. Jeffrey P. Hall, PLLC Law office locations: Understanding Arizonas Small-Estate Affidavit Procedure. Consult the Arizona Decedents death certificate then document the noted place of his or her death. (21) Location, Or Who Has Property Now. Non-Probate Affidavit | ADOT - Arizona Department of Transportation Jeffrey made the process very comfortable. It is important to understand the process of transferring property through the small estate affidavit process. Pinaljury Az Gov 2005-2023 Form. (42) Todays Date. 1. That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. Updated February 21, 2023. Get form. (17) Rightful Survivors Sign Over Rights In Will. Furnish your name to the declaration statement made. Arizona Affidavit of Heirship (Real Estate) What is a small estate affidavit? - Policygenius [ Do Not Sell My Personal Information ] [SiteMap]. At least thirty (30) days must pass before the transfer of personal property. Althoug We are so happy to have found Jeffrey. Small estate affidavit. Free Small Estate Affidavit Form Maricopa County Arizona The federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. What is a Small Estate Affidavit? What You Need to Know - Trust & Will By There will be a few additional areas for this purpose. Transcribe the Arizona Decedents formal calendar date of death to Section B. 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. Current Employer Information. For assistance determining the value of real property, check with the assessors office in the county where the property is located, or the state Department of Revenue. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived.