14-3971 (B), ARS. The Petitioner behind this document must date the signature he or she has provided. Arizona-$100,000 (real property); $75,000 (personal property) . If this checkbox is selected, produce the name of each Party who requires the Interpreters services. In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. 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. Spoiler alert: very few people now have to pay these taxes. endstream endobj startxref with personal property valued at less than $75,000 and real property under $100,000. My comments are of a general nature and should not be considered legal advice for your particular situation or issue. 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. 14-2401 through 14-2405. To this end, the Filer must select the Self or the Attorney checkbox. Collection of personal property affidavit. Website Navigation Arrearage Calculation Request. A.R.S. New India Assurance Renewal Copy Online. 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. INFORMATION ABOUT PERSON WHO DIED: Furnish your name to the declaration statement made. | 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. Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. If the decedent had a will, the assets are distributed according to the will. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. (104) Signature Of Person Making Affidavit. He was very professional and timely in providing these services. 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. 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. 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. Board of Supervisors. Arizona Residency Affidavit . 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. The signers must also state that no other people besides those signing have a right to the property. If someone uses an affidavit to obtain personal property and there is a personal representative for the estate or another individual with a superior right to the property, the person using an affidavit to get property is accountable to personal representative or the other individual. Notice of the filing must be given to all known heirs. 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. Small Estate; Affidavit of Heirship . The top of the next page must display the case number for this matter. Consult With a Local Probate Attorney. (22) Description. If seeking personal property, it is not necessary to file the small estate affidavit with the court. 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 so efficient and covered all my personal concerns. . Subscribe for Updates; Site Map. (91) Children Of No Will Arizona Decedent. The court may be a surrogate's court, probate court or . You have permission to use them for any lawful purpose. (33) Petitioner For Arizona Decedent Real Property. A. Produce the physical location of the Decedents personal property. For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. 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. . Produce the full name of the Decedents Personal Representative or Special Administrator. 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. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. Small Estate Transfers. Form 08 - General Order to Personal Representative. (14) No Will Made. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . 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. 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. 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. Excellent and timely serviceRobert. 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. In some cases, it may be better to petition for an informal probate, since the probate can be opened and closed before the six-month waiting period has expired. West wind 5 to 7 mph becoming light and variable in the evening. The address, telephone number, and email address where the Filer of this affidavit can be contacted must be furnished with the Filers identity. The information presented at this site should not be construed to be legal advice. The amount must be not more than $5000 owed. (93) Greater Or Equal Right Relinquishment. The Minnesota Small Estate Affidavit is a document that is used for transferring the personal property of a recently deceased individual to the rightful heirs, who are typically family members.It is used for going around the probate process, which can not only be a lengthy process (3-9 months); it can cost over five percent (5%) of the decedent's entire estate value. (56) Contact Information. 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. Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). We can also help you with a simple uncontested probate, formal probate, and complex probate. (76) Deceased. property that is both tangible and intangible). . 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. 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. It must be notarized by an Arizona notary public. Electronic Payment Authorization. After the Arizona Small Estate Affidavit has been filed, the normal court process for Small Estate Administration takes place, with the affiant receiving the courts permission to take over the estate, taking into consideration the provisions of the law with regards to creditors as well as court costs and other expenses. Court and Hearing room cases occurring today. I do not know if we could have completed the process without this listing. 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. Delaware: Real property: $30,000: District of Columbia-$40,000: Florida-Typically $75,000, but varies by county: Georgia . Friday, June 10, 2022posted by 6:53 AM . (43) Signature Of Petitioner Or Petitioners Attorney. Arizona Code of Judicial Administration (ACJA), Chapter 3. Once the act of signing has been completed, the Affiants printed name must be submitted. Section 7 is where every piece of personal property owned by the Arizona Decedent must be documented. 1. Instructions for Making Support Payments. (36) Interpreter. (81) Legal Description. Help. The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. A.R.S. There are specific requirements and processes to file this affidavit of succession for real property. He walked us through what he could do for us, or what we could do if we wanted to handle it ourselves. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. Conservator Account Forms (Forms 5-9): Throughout the conservatorship . 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. %PDF-1.7 % If the designated heir does not plan to live in the home, they will need to contact the lender before making any transfer of property. The Notary Public overseeing this process will verify this date as well as the signature provided once this document is released to him or her. For civil, small claims, and . Download (pdf, 673 KB) 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. Partly cloudy, with a low around 46. We are certified by the Arizona Supreme Court. (63) Declaration. 2) Your child is discontinuing homeschooling or private schooling and returning to a public school. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. Packet 03 - Administration of the Estate. Set as Default Template This clause may not apply if the surviving relative continues to live in the home. P.O. Order to Conservator of Minor. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. 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. Read More. 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. 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. 0 His knowledge of estate planning greatly contributed toward for our peace of mind. (47) Affiant Status. Arizona Small Business Income Tax Highlights Affidavit of Property Value This form is used to record the selling price, date of sale and other required information about the sale of property. The case number assigned to the Arizona Decedents estate should be produced. (37) Case Number. Small estate affidavit. 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. He gave us a thorough tutorial on our trust and answered all of our questions in an easy to understand way. 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 Petitioner behind this form or the Attorney representing the Petitioner(s) must sign his or her name as soon as the current calendar date is reported. (64) Printed Name. List every debt owed to the Arizona Decedent where requested. If the Filer is an Attorney, then the name of the Affiant must be presented. My wife and I highly recommend Jeffrey for these legal services. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed . 1. Or mailed to: Pinal County School Office. 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. (53) Name. Confirm the case number assigned to the Decedents estate. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The state also allows for the transferring of real property for small estates by affidavit. What Happens at an Arizona Probate Court Hearing? We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. Mostly clear, with a low around 44. 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. 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. (5) Lawyers Bar Number. What Happens if No One Applies for Probate? Aunt was AZ resident and died in AZ. 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. Affidavits can be filed ANY TIME OF YEAR. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. You will need to contact the school directly for enrollment or re-enrollment back into public school or into private school. The assets may include bank accounts, insurance policies, investment accounts and cars and boats, Whether there are any unpaid debts by the deceased including funeral expenses. (68) Lawyers Bar Number. 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. hbbd``bu@)H ,De "l@(KD( w@H Affidavit of Financial . This page will provide you with the following: Links to the Pinal County probate court's website, the address, a map and a phone number to call to get more information. If an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. (45) Filers Attorney Information. 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. Maricopa County provides small estate affidavit forms; check with your county to find out how you can obtain the right forms. Forms: Affidavit of Direct Payment. (16) Assigned Interest By Rightful Survivors. In Arizona, the Small Estate Affidavit may be filed if a decedent's real property has been valued at . 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. He prepared our Estate Plan documents on a timely basis for a reasonable price. Arizona Department of Transportation. MVD Services. Get form. A form used to simplify the probate process for small estates. Responses to your questions do not . (102) Formal Release From Those Named In Will. Step 1 Download in Adobe PDF or Microsoft Word (.doc). The surviving spouse must also state that there is no application or petition for the appointment of a personal representative, the personal representative has been discharged or it has been more than one year since a closing statement for the estate has been filed. Jeffrey made the process very comfortable. 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 addition, there can be no federal or state estate tax due. (66) Person Filing. There will be a few additional areas for this purpose. . Small Estate Affidavits are used in Arizona to transfer assets from a deceased person to the heirs when the total value of the assets is below the minimum value requiring a probate. A small estate affidavit allows you to speed up the process of delivering things that are owed to people. Superior Court of Arizona in Pinal County November 29, 2004 ALL . The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. As Staff Page Only I would highly recommend Jeff for all your estate planning needs. Produce the dollar sum of values entered for the Arizona Decedents listed personal property. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. If the Representative has a mailing address that is separate from his or her physical address, then both must be recorded. (7) Filer Status. (28) Signature Date. A checklist of topics with their appropriate State Codes has been supplied to review. The affidavit must describe the property and what ownership interest the person who died had in the property. However, it's important to know that only probate assets are counted toward these limits. 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. 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.
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