We very much appreciate the legal services provided by Jeffrey. For purposes of the affidavit, the county of filing is the county where the property is physically located. The use of a Small Estate Affidavit for Arizona is limited to situations where the deceased person did not have a lot of assets. Select the checkbox corresponding to the Interpreter statement if anyone producing this document or receiving this document requires a formal interpretation of its content. Report the amount of money owed for the debt reported. A form used to simplify the probate process for small estates. 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. This process begins with a report of the current date. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. Free Small Estate Affidavit Form Maricopa County Arizona Click here for answers to Frequently Asked Questions. You'll also find links to: Arrearage Calculation Request. New India Assurance Renewal Copy Online. 14-3971. (36) Interpreter. There are specific requirements and processes to file this affidavit of succession for real property. The person died without a will and you are the sole heir. APN. You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. 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. A.R.S. 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. All rights reserved. Under Arizona law, the general rule is that if a deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property . If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. 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 . Section 7 is where every piece of personal property owned by the Arizona Decedent must be documented. Box 769. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 The limit for the purpose of transferring real property is $55,425. 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. Superior Court of Arizona in Pinal County November 29, 2004 ALL . If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. (99) Affidavit Release For Real Property. Small Estate; Affidavit of Heirship . The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. (68) Lawyers Bar Number. In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. This institution is an equal opportunity provider. (89) Arizona Decedent With No Will. The signers must also state that no other people besides those signing have a right to the property. Free Small Estate Affidavit Form Santa Cruz County Arizona The family would need to submit an affidavit to the court showing the assets and a copy of the will . Our Services . How Does the Probate Process Start in Arizona? 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. This clause may not apply if the surviving relative continues to live in the home. The small estate affidavit process may only be used in cases where probate is not required. Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. Zoning summary. (93) Greater Or Equal Right Relinquishment. 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 By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. Use the downloadable small estate affidavit and the affidavit of heirship to prevent a deceased loved ones estate from going to probate court, and ensure there are no legal battles for ownership of finances or property after they have passed. Consult the Arizona Decedents death certificate then document the noted place of his or her death. Information for residents who have the privilege to serve on a Jury. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. 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. 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. Get form. (26) Signature Of Person Making Affidavit. Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. 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 . 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. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. Our mission is to administer timely and efficent justice with respect and fairness to all. 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. Departments that will help you traverse the court system. Electronic Payment Authorization. Arizona Residency 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. Produce your full name at the top of this page to identify yourself as the Filer of this document. 100 Quentin Roosevelt Blvd., Suite 102 Garden City, NY 11530 800-680-1717 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. The people signing the affidavit state the basis or reason for why they are entitlement to the real property. Get form. 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. This selection should only be chosen if the Arizona Decedent did not have a will. If a Licensed Fiduciary is involved, his or her complete license number is required. Packet Pima County 2012-2023 Form. He prepared our Estate Plan documents on a timely basis for a reasonable price. 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. 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. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Define how the Arizona Decedent owned the property (i.e. 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. 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. A.R.S. Employer Information Sheet. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. Packet 02 - Appointment of Personal Representative. Southeast wind 6 to 13 mph becoming west in the afternoon. 14-2401 through 14-2405. Pinal County. If there are more than one Affiants, each must provide a notarized signature. Resolution Statement 2013-2023 Form. If the Arizona Decedent did not have a will but the Affiant is not the Party with the greatest level of entitlement to the concerned estate, then he or she may only present this form with the proven approval of those with a stronger right to claim the Decedents property. If a loved one in Arizona did not create a will before they died, use these forms to help make the familys transition smoother. Complete this area with the Representatives phone number at work as well as his or her email address. For instance, the tax assessment on a given parcel of real estate may be $180,000, even if the fair market value of the property is closer to $220,000. 2) Your child is discontinuing homeschooling or private schooling and returning to a public school. (33) Petitioner For Arizona Decedent Real Property. Form Number: 10695. . Boards . Indicate whether you are representing yourself without a Lawyer, an Attorney representing the Petitioner, as the Petitioner, or as a Respondent by selecting the appropriate checkbox. 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. (28) Signature Date. Probate - Small Estate Transfers - Packet # 92 Personal Property - not to exceed $75,000. (22) Description. Pinal County 31 N Pinal Street Florence, AZ 85132. Get form. Or mailed to: Pinal County School Office. (43) Signature Of Petitioner Or Petitioners Attorney. If the person to whom the affidavit is delivered refuses to pay or transfer the personal property, they can be compelled to turn over the property. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. Furnish your full address to the two lines available below your name. It is important to understand the process of transferring property through the small estate affidavit process. 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. 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. West wind 5 to 7 mph becoming light and variable in the evening. (8) County. Affidavit of Direct Child Support Payments. (102) Formal Release From Those Named In Will. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. 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. Instructions: Affidavit for Collection of Personal Property. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. What Happens if No One Applies for Probate? As a general rule, you do not need to file the Small Estate Affidavit with any court. The federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. (44) Filer Information. endstream endobj startxref Other Forms You May Need. Once the act of signing has been completed, the Affiants printed name must be submitted. 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. (23) Amount Owed. Free Small Estate Affidavit Form Coconino County Arizona Arizona Code of Judicial Administration (ACJA), Chapter 3. 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"). (65) Signature. They're used to simplify the probate process for estates valued at $50,000 or less. Instructions for Making Support Payments. 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. 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. Weather forecast provided by weather.gov. 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. 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. 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. (53) Name. Current Employer Information. (87) Named In Will. Estate Planning You have permission to use them for any lawful purpose. (88) Case Number. 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. Free Small Estate Affidavit Form Mohave County Arizona Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. For civil, small claims, and . Download (pdf, 673 KB) A personal representative is also commonly referred to as an executor. Rowley Chapman & Barney, Ltd. can help you with estate planning, or any other legal issues in Arizona. It is possible that there are multiple ways that you are entitled to the property. 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. In many cases, the property in question will have an outstanding mortgage. (56) Contact Information. (58) Name. We were fortunate that we came across Jeff Hall. (84) Petitioning Spouse. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. 1) Your child isdiscontinuing public school to homeschool. Arizona Small Estate Affidavit 2011-2023 Form. Title. Search for cases using statewide search . 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. 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. Other products and services may be trademarks or registered trademarks of their respective companies. Begin Section 10 by selecting the first or second checkbox from the Reason statement. Child Support Calculator - Link to AZCourts Website. As Staff Page Only, Template: We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. If the Arizona Decedent did not have a will then locate the second checkbox statement for selection. Help. If seeking personal property, it is not necessary to file the small estate affidavit with the court. We will discuss this further below. How Do You Transfer Real Estate Using a Small Estate Affidavit? | 2006 0 obj <> endobj Delaware: Real property: $30,000: District of Columbia-$40,000: Florida-Typically $75,000, but varies by county: Georgia . (100) Named As Heir To Estate In Will. Pinal County Superior Court Services, to help you find, be informed and be prepared. This paperwork can be filed by one of several types of Parties. . English. If the Filer is an Attorney, then his or her bar number must be included with his or her information above. (20) Value. See our profile at Lawyers.com or Martindale.com. If the value of the personal property or real property exceeds these amounts, probate is necessary. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . Start Here. Call us at 480-409-5174 or contact us online for a free consultation. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. For your convenience, the Pinal County Justice Courts have made several forms available. Free Small Estate Affidavit Form Graham County Arizona To qualify in Arizona, the estate in question must be valued below $75,000 for personal property and $100,000 for real property. It is important to note that the tax assessment of the property is often substantially less than the current fair market value of the real estate. The address, telephone number, and email address where the Filer of this affidavit can be contacted must be furnished with the Filers identity. Under Arizona law the motor vehicle division . Forms: Affidavit of Direct Payment. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 .
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