Purpose: Residency affidavit to be eligible for an Arizona Travel-Compliant Driver License or Non-operating ID. 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. In Arizona, a personal representative is appointed by the court. (7) Filer Status. (43) Signature Of Petitioner Or Petitioners Attorney. The real property must be valued below $100,000 and six months must have passed since the decedent's death. (31) Case Number. Arizona Code of Judicial Administration (ACJA), Chapter 3. 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. 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. The Arizona County where this issue is filed should be displayed at the top of the page. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) 14-3971) FOR TRANSFER OF PROPERTY WHEN PERSON HAS DIED . 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. (69) Licensed Fiduciary Number. Produce the mailing address and/or physical address of the Representative as requested. 14-3971. Title. (51) Update Status. Packet 01 - Appointment of Personal Representative Executor. Checklist. 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. Produce your full name at the top of this page to identify yourself as the Filer of this document. (54) Licensing Status. 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. 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. (68) Lawyers Bar Number. (60) Date Of Death. If the Affiant is the Child of the Arizona Decedent, and the Arizona Decedent had no spouse or the concerned property is not considered the property of the Spouse then choose the second statement in this list. In order to use the small estate affidavit of succession for real property, you must wait 6 months after the person has died. Updated February 21, 2023. 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. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. 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. Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. 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 . For more Probate Forms from the Arizona Office of the Courts follow the . Select the first statement if the Decedent died in the same property being discussed then reproduce the name of this county or select the second statement to indicate the Arizona Decedent was living in a different County when he or she died then supply the city and state of this defining this second County. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. 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. The value is not determined by the fair market value of the home or property. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. Search for Case AZ Statewide. 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. 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. The term "Probate Court" is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of other cases that traditionally involve filings in the areas of guardianship, conservatorship, elder fraud, and physical abuse. . However, successors are allowed to wait for a few years after the decedent passes. When the affidavit is filed, it must be accompanied by a certified copy of the death certificate, along with the original will (if there is one). 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. My wife and I felt very comfortable with Jeff. Arizona Small Estate Affidavit 2011-2023 Form. The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. Consult the Arizona Decedents death certificate then document the noted place of his or her death. Free Small Estate Affidavit Form Pima County Arizona Notice of the filing must be given to all known heirs. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. Packet Pima County 2012-2023 Form. Get form. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. 1. 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. (73) Matter Of Estate. In the small estate affidavit of succession, the heirs must state that a personal representative has not been appointed or that an application for a personal representative is not pending. (96) Arizona Decedent Siblings. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. West wind 5 to 7 mph becoming light and variable in the evening. (28) Signature Date. (62) Arizona Decedent Social Security 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. For your convenience, the Pinal County Justice Courts have made several forms available. Furnish the full name of the Arizona Decedent with the date that he or she passed away on (as reported on his or her death certificate). 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. 14-3971.Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. Zoning summary. This calendar date should be presented. An Arizona Notary Public will be able to verify that he or she has attended and witnessed the Affiant signing of this petition. In many cases, the property in question will have an outstanding mortgage. (106) Date. If this document involves the Guardianship of a Minor or Adult who is incapacitated with an advanced condition (i.e. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. What Happens at an Arizona Probate Court Hearing? INFORMATION ABOUT PERSON WHO DIED: The purpose of the document is to avoid court and probate when appropriate. In Arizona, the Small Estate Affidavit may be filed if a decedent's real property has been valued at . We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. (45) Filers Attorney Information. For civil, small claims, and . 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. 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 state of Arizona uses the Small Estate Affidavit process to transfer assets from the deceased to their heirs without going through probate. 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. Free Small Estate Affidavit Form Coconino County Arizona Medical Excuse from Arizona Superior Jury Form 2009-2023. Write the Descendant's Personal Information. Once the act of signing has been completed, the Affiants printed name must be submitted. Superior Court of Arizona in Pinal County November 29, 2004 ALL . The affidavit must describe the property and what ownership interest the person who died had in the property. Section 7 is where every piece of personal property owned by the Arizona Decedent must be documented. 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"). (75) Single Or Multiple Petitioners. (20) Value. 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. His approach and honesty sold us and we returned a few months later to update our own wills and trust creation. 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 a Minor or an Adult (Dependent/Incapacitated) Person is involved, responsible, at the center, or related to this petition, then select the appropriate checkbox from 220 Conservator. More than one of these statements may be selected if needed. That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 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. Electronic Child Support Submission | See ExpertPay or call - 1 (800) 403-0879. 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. Packet 05 - Claims or Objections. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . (104) Signature Of Person Making Affidavit. 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. Box 769. Pinal County 31 N Pinal Street Florence, AZ 85132. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. (65) Signature. Arizona Residency Affidavit . Step 1 Download in Adobe PDF or Microsoft Word (.doc). Begin Section 10 by selecting the first or second checkbox from the Reason statement. 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. I would certainly recommend his services to anyone.D Larson, 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 of expertise and his office was conveniently located.He was very prompt in responding to my email as was the appointment time. 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). (22) Description. 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. Purpose: For obtaining title to the vehicle from a deceased vehicle owner's estate. Website Navigation The federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. No Staff Template 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. At least thirty (30) days must pass before the transfer of personal property. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. (66) Person Filing. This website is designed for general information only. The signers must also state that no other people besides those signing have a right to the property. Download (pdf, 673 KB) 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. Select the second statements checkbox if the Affiant is a Minor or Dependent of the Arizona Decedent, has written statements from the Arizona Decedents other Dependents that release their interest in the real property to the Affiant, and the Decedent was unmarried or had no Spouse at the time of his or her death. (67) Contact Information Of Filer. 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. Our Services . The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. 307-12-033E. How Does the Probate Process Start in Arizona? A personal representative is also commonly referred to as an executor. . JUVENILE ONLY: Annual Report of Guardian for a Minor w/Physicians Annual Report. How to Become Executor of Estate After Death. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. He walked us through what he could do for us, or what we could do if we wanted to handle it ourselves. Transfer of Small Estate by Affidavit. For personal or real property, when you are claiming property using the affidavit of succession, you will need to list how you are entitled to the property. 14-2401 through 14-2405. 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. 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. Sign your name to declare the content of this paperwork is as accurate as possible. Set as Default Template According to the California Probate Code 13200, a small estate is considered $166,250. arizona small estate affidavit pinal county. 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. 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. Select My or Our to indicate if one or more Affiants are submitting this document then discuss the nature of each Affiants relationship to the Arizona Decedent. (86) Greatest Interest Surviving Minor/Dependents. The family would need to submit an affidavit to the court showing the assets and a copy of the will . Jeffrey made the process very comfortable. Instructions: Affidavit for Collection of Personal Property. Electronic Payment Authorization. Get form. They're used to simplify the probate process for estates valued at $50,000 or less. The Petitioner behind this document must date the signature he or she has provided. This parcel borders Coronado National Forest and Arizona Trail is nearby. 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. Boards . 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. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger, In Arizona, the Small Estate Affidavit may be filed if a decedents real property has been valued at less than $100,000, and at least 30 days have passed since the property owner passed away. Print your name before executing your signature. Probate is a legal process that goes through the local courts in the county where the deceased person lived. (105) Printed Name Of Person. The same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. 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. Conservator Account Forms (Forms 5-9): Throughout the conservatorship . (88) Case Number. A small estate affidavit allows you to speed up the process of delivering things that are owed to people. Pinal County Superior Court Services, to help you find, be informed and be prepared. If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. English. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. | 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 . %PDF-1.7 % An area to receive the Representatives home and cell telephone numbers, birth date, social security number, race, height, weight, eye and hair color, and sex has been supplied. However, the affidavit process has specific requirements . This paperwork requires an Arizona-recognized Notary Public to observe the signature process. (23) Amount Owed. The top of the next page must display the case number for this matter. 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. . 2028 0 obj <>stream 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. My wife and I highly recommend Jeffrey for these legal services. does licking a canker sore make it worse richard schwahn one tree hill The acknowledgment introducing the sections will require that the Affiant be defined as a single Party by marking the first checkbox or as multiple (Signature) Parties by selecting the second checkbox. Other products and services may be trademarks or registered trademarks of their respective companies. To qualify in Arizona, the estate in question must be valued below $75,000 for personal property and $100,000 for real property. The limit for the purpose of transferring real property is $55,425. small estate affidavit arizona. (57) Non-Fiduciary Representative Information. (100) Named As Heir To Estate In Will. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets. To do so, select the Updated checkbox. The affidavit MUST BE NOTARIZED - Notary service can be provided; call ahead to guarantee it's available. Russo Law Group, P.C. Statewide Paralegal is a complete case management legal document preparation service. Jeffrey P. Hall, PLLC Law office locations: Understanding Arizonas Small-Estate Affidavit Procedure. Forms and certificates can be brought into our office Mon - Fri 8:00 am - 5:00 pm (closed federal holidays): You will need to contact the school district directly to see if they require any forms or documentation on their end when you withdraw your child from ANY district.

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