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Write the Descendant's Personal Information. | 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. This must be a complete list of all personal property owned by the Decedent and should not include real estate owned by the Arizona Decedent. Thus locate 200 Estate. Indicate if this is a formal or informal appointment of a Personal Representative (for the Decedents real property), whether this paperwork is submitted purely for administrative purposes (i.e. Website Navigation (37) Case Number. Order to Conservator of Minor. I would highly recommend Jeff for all your estate planning needs. 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. Our mission is to administer timely and efficent justice with respect and fairness to all. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. (81) Legal Description. JUVENILE ONLY: Annual Report of Guardian for a Minor w/Physicians Annual Report. 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. (88) Case Number. If this is the case, we would identify all of those in the affidavit. 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. Employer Information Sheet. Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. We will discuss this further below. If the Arizona Decedent did not have a will then locate the second checkbox statement for selection. Select the appropriate checkbox to indicate if the Affiant is the Sole Heir to the real property of the Arizona Decedent because he or she has been named as such in the Decedents will. The monetary worth of each piece of the Arizona Decedents property listed in the previous area must be assessed then recorded. 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. While there is no formal process as to how an Arizona Small Estate Affidavit must be drafted, a few relevant specifics must be included: Sometimes an Arizona Small Estate Affidavit might not be the right course of action, depending on the deceased persons assets and the conditions of their financial health. 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. 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. 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. Seek instruction from this Party before executing this document. Visit the appropriate court office. Arrearage Calculation Request. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. Court and Hearing room cases occurring today. As Staff Page Only, Template: Call us at 480-409-5174 or contact us online for a free consultation. 100 Quentin Roosevelt Blvd., Suite 102 Garden City, NY 11530 800-680-1717 2006 0 obj <> endobj 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. Free Small Estate Affidavit Form Greenlee County Arizona Once the Affiants have provided his or her signature, the Notary will complete the area that follows to authenticate his or her signature. Form Number: 10695. . Select the first statement from the list of options provided If the Arizona Decedent did not have a will and the Affiant is his or her Spouse. 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. Free Small Estate Affidavit Form Coconino County Arizona We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. In addition to the requirements above, the individual signing the small estate affidavit of succession for real property must ensure that all funeral expenses, expenses of last illness and all unsecured debts of the person who died have been paid. It must be notarized by an Arizona notary public. At least six (6) monthsmust pass before the transfer of real property. Understanding the asset transfer process is important for Arizona residents and their loved ones. Start Here. If this is not the case, then do not select this statement. There will be a few additional areas for this purpose. 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. File size / Pages: 46KB ; 1 pg. (1) Person Filing. 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. Hours and Locations; Online Services; Driver Services; . 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. If the Affiant is the Sibling of the Arizona Decedent and his or her claim to the estates real property is greater than the Decedents Spouse (because the Decedent was the sole owner) or the Decedent had no Spouse and no will, then select the second statement in this area. 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. 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). (39) 220 Conservator. Electronic Payment Authorization. Packet 03 - Administration of the Estate. 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 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. (95) Surviving Children Of Affiant. Purpose: For obtaining title to the vehicle from a deceased vehicle owner's estate. Transfer of Small Estate by Affidavit. Form 08 - General Order to Personal Representative. Packet 04 - Closing the Estate. It is important to understand the process of transferring property through the small estate affidavit process. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. 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. Produce the mailing address and/or physical address of the Representative as requested. Free Small Estate Affidavit Form Pima County Arizona 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. Excellent and timely serviceRobert. However, successors are allowed to wait for a few years after the decedent passes. However, it's important to know that only probate assets are counted toward these limits. 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. Free Small Estate Affidavit Form Maricopa County Arizona This requires a formal written release from the Arizona Decedents Heirs to be attached to this document. 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. 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. The second step of the small estate affidavit filing process is to record the affidavit in the same county. To qualify in Arizona, the estate in question must be valued below $75,000 for personal property and $100,000 for real property. 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. Notice of the filing must be given to all known heirs. 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. (90) Status Of Entitled Spouse Of No-Will Decedent. Pinal County, formed in February 1875, comprises 5,376 square miles. Free Small Estate Affidavit Form Santa Cruz County Arizona Read More. You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. If the decedent had a will, the assets are distributed according to the will. Library File Link: 40-5143. Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 Other Forms You May Need. Filling Out the Arizona Small Estate Affidavit Form. What Happens if No One Applies for Probate? My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. The purpose of the document is to avoid court and probate when appropriate. (20) Value. [ Do Not Sell My Personal Information ] [SiteMap]. Dispense the entire name of the Arizona Decedent to Section 1. Affidavits can be filed ANY TIME OF YEAR. If the Affiant(s) is named in the Arizona Decedents will then locate the fourth checkbox statement in Section 10 and select it. Change of Address in a Non-Criminal Case. Family Court Forms. 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. Great communicator, very knowledgeable and patient. 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. If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. The person died without a will and you are the sole heir. 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. By Arizona Statewide Paralegal offers a number of legal document preparation services that can help you during this time. Other Probate Forms. How Do You Transfer Real Estate Using a Small Estate Affidavit? homes for sale in fishersville, va; 22 . 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 . We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. 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. %%EOF Begin Section 10 by selecting the first or second checkbox from the Reason statement. 2023 Pinal County Superintendent Office. How to Become Executor of Estate After Death. 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 created read more, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. Each topic that applies to this paperwork must be selected. Information for residents who have the privilege to serve on a Jury. 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. (12) Relationship To Arizona Decedent. Superior Court of Arizona in Pinal County November 29, 2004 ALL . File size / Pages: 70kb ; 1pg . 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. Instructions: Affidavit for Collection of Personal Property. 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. Consult With a Local Probate Attorney. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. In Arizona, a personal representative is appointed by the court. If the Representative is not a Licensed Fiduciary then several additional pieces of information should be recorded. (107) Notary Public Action. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. His knowledge of estate planning greatly contributed toward for our peace of mind. Free Small Estate Affidavit Form Mohave County Arizona However, the affidavit process has specific requirements . Arizona Code of Judicial Administration (ACJA), Chapter 3. A. 2028 0 obj <>stream Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. Affidavit of Direct Child Support Payments. (94) No Surviving Spouse. 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. 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. Attorney Advertising. To find where to file, use this, A.R.S. Fill out and print a free Arizona Small Estate Affidavit form in just minutes online. 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 estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. If seeking personal property, it is not necessary to file the small estate affidavit with the court. Current Employer Information. Medical Excuse from Arizona Superior Jury Form 2009-2023. Click Here or Call (855) 324-7891 to Connect With a Probate Lawyer serving Casa Grande, Arizona. 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.