Attorney Advertising. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . (76) Deceased. Made the challenging, easy, I selected Jeff because his website was very well done and informative (no prior reference, just liked what he said on his website). ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. . We can also help you with a simple uncontested probate, formal probate, and complex probate. After signing this document the Affiant should print his or her name. (31) Case Number. Probate . There will be a different form for real estate. (40) 230 Guardianship. 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. 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. (29) Arizona Notarization. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. Arrearage Calculation Request. Understanding Arizona's Small-Estate Affidavit Procedure Box 769. Our Services . 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. Transcribe the Arizona Decedents formal calendar date of death to Section B. (14) No Will Made. Great communicator, very knowledgeable and patient. Board of Supervisors. The Arizona County where this issue is filed should be displayed at the top of the page. Pinal County 31 N Pinal Street Florence, AZ 85132. This clause may not apply if the surviving relative continues to live in the home. That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. 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. Pinal County, formed in February 1875, comprises 5,376 square miles. I'd definitely recommend Jeff for his legal services. (47) Affiant Status. Arizona Small Estate Affidavit 2011-2023 Form. (53) Name. 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. (57) Non-Fiduciary Representative Information. (13) Named In The Will. The state also allows for the transferring of real property for small estates by affidavit. 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. 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. did he or she hold a deed of ownership and if so, what kind of deed) as well as whether he or she was partial owner of the real property or only had a claim to real property. Pinal County Superintendent Office - Home School Affidavit Q & A Print your name before executing your signature. (87) Named In Will. In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. At least thirty (30) days must pass before the transfer of personal property. 2023 Pinal County Superintendent Office. (24) Name Of Who Owes The Debt. Click here for answers to Frequently Asked Questions. 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. Jeffrey made the process very comfortable. 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. Arizona Revised Statutes allows for successors (more commonly known as heirs) to file this affidavit in the court of the county in which the person was living at the time of death. 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. The Petitioner behind this document must date the signature he or she has provided. Visit the appropriate court office. Non-Probate Affidavit | ADOT - Arizona Department of Transportation He is very pleasant to work read more, I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. What is a Small Estate Affidavit? What You Need to Know - Trust & Will 14-2401 through 14-2405. (92) Sole Heir Of No-Will Arizona Decedent. 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 . Help. 14-3971.Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. Free Small Estate Affidavit Form (PDF & Word) | Legal Templates endstream endobj startxref 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. 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 value is not determined by the fair market value of the home or property. 01. For civil, small claims, and . When they file the affidavit, the beneficiary must also verify that there are no estate taxes due on the transfer, and that all funeral expenses, unsecured debts and expenses of last illness have been paid in full. 307-12-033E. Small Estate Affidavits in Arizona - JacksonWhite Probate Law New India Assurance Renewal Copy Online. Read More. (8) County. 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. Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. We were fortunate that we came across Jeff Hall. 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. Free Affidavit to Collect Personal Property Packet - Arizona Probate is a legal process that goes through the local courts in the county where the deceased person lived. (44) Filer Information. He is very pleasant to work with and I highly recommend him to anyone needing help with estate planning. 2022 Electronic Forms LLC. 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"). In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. 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. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The amount must be not more than $5000 owed. Start Here. Our mission is to administer timely and efficent justice with respect and fairness to all. Estate Planning A small estate affidavit allows you to speed up the process of delivering things that are owed to people. In addition, there can be no federal or state estate tax due. Updated February 21, 2023. Filling Out the Arizona Small Estate Affidavit Form. The first step is to file the affidavit with the county probate court. JUVENILE ONLY: Annual Report of Guardian for a Minor w/Physicians Annual Report. (55) Mailing And Physical Address. (84) Petitioning Spouse. Download (pdf, 673 KB) Website Navigation 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. If the Petitioner(s) named above will be represented by an Attorney when seeking the Arizona Decedents real property, then some additional information must be presented. 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). Fill out and print a free Small Estate Affidavit form for Arizona in just minutes online. Home facts updated by county records on Nov 26, 2022. (101) Release Of Property From Those Named In Will. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) If the Filer is an Attorney, then his or her bar number must be included with his or her information above. This paperwork can be filed by one of several types of Parties. (21) Location, Or Who Has Property Now. 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. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. Sign your name to declare the content of this paperwork is as accurate as possible. In many cases, the property in question will have an outstanding mortgage. Free Small Estate Affidavit Form Gila County Arizona Free Small Estate Affidavit Form Yavapai County Arizona A.R.S. The full name of every Party involved with this matter, whether it is a rightful Heir, Survivor, Ward (of the Decedent), Minor, Dependent, or Trust should be documented. The petitioner must also verify that the net value of the decedents property (minus debts) qualifies for small-estate treatment. (96) Arizona Decedent Siblings. 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. 75 N. Bailey Street. It is possible that there are multiple ways that you are entitled to the property. Arizona law allows family members to use an affidavit of succession in cases where a person has died and has less than $100,000 in real property value such as a home or land and less than $75,000 in personal property. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. (88) Case Number. (69) Licensed Fiduciary Number. homes for sale in fishersville, va; 22 . 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. 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. (25) Total Amount Owed. (33) Petitioner For Arizona Decedent Real Property. (93) Greater Or Equal Right Relinquishment. If the person who died has a partial interest in a property, perhaps as a co-owner, then you would determine value based on what percentage was owned by the person who died. For more Probate Forms from the Arizona Office of the Courts follow the . Free Small Estate Affidavit Form Coconino County Arizona We serve clients in the Phoenix metropolitan area. The information presented at this site should not be construed to be legal advice. (97) Affiant As Sole Heir. If seeking personal property, it is not necessary to file the small estate affidavit with the court. You are required to be guided by the order and comply with its provisions. 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. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. 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. In Arizona, the Small Estate Affidavit may be filed if a decedent's real property has been valued at . You may use the forms and instructions in this packet if . Form Number: 10695. . Probate Cover Sheet. A Small Estate Affidavit allows a person to inherit the property of a deceased individual when the value is low and speeds up summary probate claims. 14-3971 (B), ARS. Free Small Estate Affidavit Form Apache County Arizona The Judicial Branch of Arizona in Maricopa County The death certificate of the Arizona Decedent will have the official date of death. 14-3971 (Collection of Personal Property by Affidavit). Excellent and timely serviceRobert. Small estate affidavits are filed with the Register of Wills. (16) Assigned Interest By Rightful Survivors. If the Affiant (or Petitioner) is named in the will of the Arizona Decedent to receive control of the estate, then the first checkbox statement of Section 6 should be marked. The value of the property is determined by the full cash value of the property from the tax assessment rolls the year the person died. Contract Attorney Tampa Fl Responses to your questions do not . Give our Mesa probate lawyers a call today at 480-833-1113. 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. Quick Links. A general personal representative excludes a special administrator. Arizona Residency Affidavit . 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. As Staff Page Only, Template: He asked all the right questions and provided the answers to our concerns. Boards . The use of a Small Estate Affidavit for Arizona is limited to situations where the deceased person did not have a lot of assets. (43) Signature Of Petitioner Or Petitioners Attorney. (104) Signature Of Person Making Affidavit. 27/9 1 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.
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