You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. June 22, 2022; Posted by . Small Estate Laws: In Arizona, successors may avoid probate court by filing a small estate affidavit if the estate values less than $75,000 for tangible personal property; $100,000 for real property. At least six (6) monthsmust pass before the transfer of real property. 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. My husband Steve and I relocated to Arizona from another U.S. state so we wanted to update all of our estate planning documents. PDF Revised 10.19.17 AFFIDAVIT TO COLLECT PERSONAL PROPERTY Affidavit of Financial . Current Employer Information. Information on Collecting Personal Property. You are required to be guided by the order and comply with its provisions. In those cases, the mortgage will probably include a due-on-sale clause. The family would need to submit an affidavit to the court showing the assets and a copy of the will . In many cases, the property in question will have an outstanding mortgage. If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. Furnish your name to the declaration statement made. The top of the next page must display the case number for this matter. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. There is usually a waiting period of about 45 days before Small Estate proceedings in Arizona can be started, however, the court may waive the waiting period with good cause. Consult With a Local Probate Attorney. (41) 240 Guardianship-Conservator Combination. In 2023, that is $12.92 million. 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. The use of a Small Estate Affidavit for Arizona is limited to situations where the deceased person did not have a lot of assets. arizona small estate affidavit pinal county - kennysconcrete.com Other Probate Forms. (100) Named As Heir To Estate In Will. Filing the small estate affidavit involves a two-step process. The more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. He knows what its like to be a public servant and I highly recommend anyone in the professions of police, fire and the military to contact him.Respectfully, Frank Marcell Tempe, Arizona, Recently, Jeffrey P. Hall, PLLC, prepared the necessary legal document to establish a living trust for my wife and me. That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. (33) Petitioner For Arizona Decedent Real Property. (10) Date Of Death. Simplified Probate for Small Estates (Summary Administration) Another probate shortcut that Arizona offers is a simplified probate process for small estates, called "summary administration" (or "summary probate"). A.R.S. As Staff Page Only This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. | 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. Family Court Forms. The signers must also state that no other people besides those signing have a right to the property. Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. Free Small Estate Affidavit Form Pinal County Arizona 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. small estate affidavit arizona - CocoDoc 3) Your childis discontinuing public school to attend a private school. 1. Seniors > Losing Spouse/Parent > ARIZONA PROBATE FUNDAMENTALS However, successors are allowed to wait for a few years after the decedent passes. (43) Signature Of Petitioner Or Petitioners Attorney. 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. Free Small Estate Affidavit Form (PDF & Word) | Legal Templates Confirm the case number assigned to the Decedents estate. (88) Case Number. 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. Forms | Maricopa County Clerk of Superior Court (94) No Surviving Spouse. Probate Cover Sheet. (81) Legal Description. Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. Packet 04 - Closing the Estate. The death certificate can be obtained from the local health department for a nominal fee. 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). Packet 03 - Administration of the Estate. Recommendation re. arizona small estate affidavit pinal county. If seeking personal property, it is not necessary to file the small estate affidavit with the court. This paperwork can be filed by one of several types of Parties. Understanding Arizona's Small-Estate Affidavit Procedure (93) Greater Or Equal Right Relinquishment. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) Free Small Estate Affidavit Form Maricopa County Arizona The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. It is important to understand the process of transferring property through the small estate affidavit process. (90) Status Of Entitled Spouse Of No-Will Decedent. The second step of the small estate affidavit filing process is to record the affidavit in the same county. Produce all digits making up the Arizona Decedents social security number. The person carrying out the small-estate affidavit procedure, known as the petitioner, begins by verifying if they are statutorily entitled to personal and/or real property from the decedent. 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. 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. Arizona Affidavit Process for Small Estates May Avoid Probate If the Arizona Decedent did have a will but the Affiant has obtained the right to claim the estate with a written release of interest from every Rightful Heir named then, select the final checkbox in Section 6. 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. For civil, small claims, and . Court and Hearing room cases occurring today. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. If this is the case and such paperwork has been obtained then select the second to last statement made in Section 6 and attach the signed and notarized statements (affidavits) of the Rightful Heirs. 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. Does A Beneficiary Have The Right To See A Trust? Electronic Payment Authorization. The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. Search for cases using statewide search . A.R.S. Free Small Estate Affidavit Form Yavapai County Arizona (68) Lawyers Bar Number. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. small estate affidavit arizona. We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. Report the amount of money owed for the debt reported. Click Here or Call (855) 324-7891 to Connect With a Probate Lawyer serving Casa Grande, Arizona. arizona small estate affidavit pinal county. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. 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. The Filer must indicate if he or she is working without an Attorney on this document or if this paperwork is being completed by the Affiants Attorney. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. The time following the death of loved one or family member can be challenging. Great communicator, very knowledgeable and patient. An Arizona Notary Public will be able to verify that he or she has attended and witnessed the Affiant signing of this petition. Packet 05 - Claims or Objections. (60) Date Of Death. (23) Amount Owed. 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. Library File Link: 40-5143. In order to use the small estate affidavit of succession for real property, you must wait 6 months after the person has died. Home Practice Areas Probate Small Estate Affidavits in Arizona. The petitioner must also verify whether the court has previously appointed a personal representative for the estate and, if so, determine the status of that process. Form 08 - General Order to Personal Representative. Pinal County Superintendent Office - Home School Affidavit Q & A Child Support Order. Responses to your questions do not . Our mission is to administer timely and efficent justice with respect and fairness to all. How to Become Executor of Estate After Death. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. I am so thankful Jeff was recommended to me. 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. Its helpful to have a list of all property that will be transferred in one place, one that includes both its assessed value and whether it is subject to any liens or debts. (76) Deceased. Superior Court of Arizona in Pinal County November 29, 2004 ALL . If the Arizona Decedent has named Heirs as the rightful receivers of the real property but each such Heir has provided a release of his or her interest in this property to the Affiant, then choose the second to last statement made. Friday, June 10, 2022posted by 6:53 AM . Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. (11) Place Of Death. 1. Arizona-$100,000 (real property); $75,000 (personal property) . 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. (67) Contact Information Of Filer. (64) Printed Name. For purposes of the small estate affidavit process, the value of the real property will be determined using the assessed value of the property for the current year, less any outstanding debt. The court may be a surrogate's court, probate court or . The person died and left a valid 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 me, which is proven by the copy of the documents they signed to this effect that I am attaching to this affidavit. We were fortunate that we came across Jeff Hall. Title. If there are more than one Affiants, each must provide a notarized signature. Instructions for Making Support Payments. 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. Manually operated gated are. 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. 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. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. Affidavit of Succession, Proof of Authority, Ancillary Probate | AZ SMALL ESTATE AFFIDAVIT(S) FOR TRANSFER (A.R.S. He prepared our Estate Plan documents on read more, My wife and I were in need of having a personal trust drawn up, so we selected Jeff's firm because his website advertised that this was one of his areas read more, 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. Fill in the county where the deceased lived and passed away. Produce the mailing address and/or physical address of the Representative as requested. Small Estate Affidavit Arizona A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. He prepared our Estate Plan documents on a timely basis for a reasonable price. . 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Furnish your full address to the two lines available below your name. 14-2401 through 14-2405. The procedure is typically carried out by the decedent's surviving spouse and/or children but can be initiated by anyone claiming to be a legitimate heir at law . This issue may need to be handled by the Notary Public in attendance of the signing. 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. If the decedents personal property bank accounts, vehicles, other non-real estate property values less. Employer Information Sheet. 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. The purpose of the document is to avoid court and probate when appropriate. Produce the full name and the current address and (if possible) phone number of the Debtor owing the defined amount for the debt reported. For purposes of the affidavit, the county of filing is the county where the property is physically located. Using small estate affidavit to obtain balance in checking account from AZ . Mostly clear, with a low around 44. The Arizona County where this issue is filed should be displayed at the top of the page. 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.