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. We will discuss this further below. Superior Court - Pinal County ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. The family would need to submit an affidavit to the court showing the assets and a copy of the will . If seeking personal property, it is not necessary to file the small estate affidavit with the court. If this document involves the Guardianship of a Minor or Adult who is incapacitated with an advanced condition (i.e. To this end, the Filer must select the Self or the Attorney checkbox. Form 08 - General Order to Personal Representative. 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. (35) Lawyer Information. Information on Collecting Personal Property. 27/9 1 Thirty days must have passed since the date of death as certified in the death certificate. The Arizona Affidavit of Heirship for Real Estate allows successors to transfer real estate, finances, cars, and other property after the owner has died, without the need for a will or probate court. The major function of the Arizona Small Estate Affidavit is: Also, this simplified process entitles the executor of the document to receive possession and ownership of the deceased persons property without having to go through the formality of probate. Once the act of signing has been completed, the Affiants printed name must be submitted. Checklist. Get form. However, the affidavit process has specific requirements . Transcribe the Arizona Decedents formal calendar date of death to Section B. hU4YcC"zbU+N)S3aIe0Q =4 Declare your relationship to the Arizona Decedent in Section 3. 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. Fill in the county where the deceased lived and passed away. While the majority of states have adopted the Uniform Probate Code and abolished their estate and inheritance taxes, there are still about 20 states that charge heirs for the privilege of inheriting even . Free Minnesota Small Estate Affidavit | Form PRO202 | PDF | WORD - OpenDocs (28) Signature Date. However, successors are allowed to wait for a few years after the decedent passes. Unlike . Conservator Account Forms (Forms 5-9): Throughout the conservatorship . This website is designed for general information only. Hours and Locations; Online Services; Driver Services; . (73) Matter Of Estate. Box 769. The first step is to file the affidavit with the county probate court. 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. 14-3971.Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. %PDF-1.7 % The same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. For more Probate Forms from the Arizona Office of the Courts follow the . (88) Case Number. Sign your name to declare the content of this paperwork is as accurate as possible. This parcel borders Coronado National Forest and Arizona Trail is nearby. Home Practice Areas Probate Small Estate Affidavits in Arizona. The people signing the affidavit state the basis or reason for why they are entitlement to the real property. Help. Set as Default Template Fill out and print a free Arizona Small Estate Affidavit form in just minutes online. 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. If an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. Approaching and working with a lawyer can be intimidating. 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. Recommendation re. Select the final option if the Arizona Decedents Heirs (named in his or her will) have given up their rights to claim property left to them in the will to the Affiant. Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 In those cases, the mortgage will probably include a due-on-sale clause. 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. Probating an estate in Arizona is far less complicated and expensive than in many other states. (31) Case Number. Each topic that applies to this paperwork must be selected. A. Updated February 21, 2023. What Happens if No One Applies for Probate? The time following the death of loved one or family member can be challenging. Pinaljury Az Gov 2005-2023 Form. (39) 220 Conservator. In many cases, the property in question will have an outstanding mortgage. 307-12-033E. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. (20) Value. 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 If the Arizona Decedent did not have a will then locate the second checkbox statement for selection. Small Estate Administration in Arizona | AZ Estate Planning Attorney 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. He was very professional and timely in providing these services. read more, We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. Spoiler alert: very few people now have to pay these taxes. INFORMATION ABOUT PERSON WHO DIED: How to Become Executor of Estate After Death. (51) Update Status. By That is because the proceeds of the home sale may be needed to settle the expenses of the estate. This selection should only be chosen if the Arizona Decedent did not have a will. Free Affidavit to Collect Personal Property Packet - Arizona 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. The heirs must also state that the value of the real property is not more than $100,000 as of the date of death. Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). Forms - Pinal County Clerk of the Superior Court Home (17) Rightful Survivors Sign Over Rights In Will. 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. Affidavit of Property Value | Arizona Department of Revenue - AZDOR Free Small Estate Affidavit Form Navajo County Arizona 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. Additionally, the total assessed value of the estates real property cannot exceed $100,000 after the value of liens or encumbrances has been subtracted. 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. Zoning summary. hbbd``bu@)H ,De "l@(KD( w@H Probate Shortcuts for Small Estates in Arizona | Nolo Produce the physical location of the Decedents personal property. 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. arizona small estate affidavit pinal county (41) 240 Guardianship-Conservator Combination. Jury Information . Write the Descendant's Personal Information. Report the amount of money owed for the debt reported. (78) Arizona Decedents Real Property. XXXX N Hugget Trl S Unit B3; 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. The purpose of the document is to avoid court and probate when appropriate. 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. 10 Acres S Owl Cove Rd, Marana, AZ 85658 | MLS# 22228628 | Redfin (106) Date. PDF Revised 10.19.17 AFFIDAVIT TO COLLECT PERSONAL PROPERTY Phone: 520-509-3555 Toll-Free Phone: 888-431-1311. Law Enforcement Resources/AZ Crash Report/Training Resources . If you move within the district, outside the district or state, enroll your child in public school, or enroll them in private school you must complete the Change of Information form and file it with our office. Free Small Estate Affidavit Form Cochise County Arizona (100) Named As Heir To Estate In Will. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. 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 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. If the value of the personal property or real property exceeds these amounts, probate is necessary. Free Arizona Small Estate Affidavit | Affidavit Of Heirship Form | PDF If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. SMALL ESTATE AFFIDAVIT(S) FOR TRANSFER (A.R.S. Get form. 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. APN. Fill out and print a free Small Estate Affidavit form for Arizona in just minutes online. If the entire value of the decedent's equity real estate . This process begins with a report of the current date. 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. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Form Number: 10695. . This process is in place to provide for easier transfer of small estates to the deceased to their heirs, lowering costs and providing a greater degree of simplicity. Packet 02 - Appointment of Personal Representative. He walked us through what he could do for us, or what we could do if we wanted to handle it ourselves. They're used to simplify the probate process for estates valued at $50,000 or less. It is important to understand the process of transferring property through the small estate affidavit process. The information presented at this site should not be construed to be legal advice. . 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. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. (55) Mailing And Physical Address. (8) County. After satisfying all claims, the estates assets can then be distributed, either in accordance with the will, or with the laws of intestacy, when there is no will. arizona small estate affidavit pinal county. According to the California Probate Code 13200, a small estate is considered $166,250. This issue may need to be handled by the Notary Public in attendance of the signing. 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. How to fill out a Small Estate Affidavit Arizona form.