Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). Conservator Account Forms (Forms 5-9): Throughout the conservatorship . Small Estate Transfers. 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. 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. Each topic that applies to this paperwork must be selected. 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. (26) Signature Of Person Making Affidavit. (99) Affidavit Release For Real Property. 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. Free Small Estate Affidavit Form Maricopa County Arizona He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. 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. He is very pleasant to work with and I highly recommend him to anyone needing help with estate planning. 1) Your child isdiscontinuing public school to homeschool. Write the Descendant's Personal Information. Current Employer Information. Packet 04 - Closing the Estate. Arizona Code of Judicial Administration (ACJA), Chapter 3. The signers must also state that no other people besides those signing have a right to the property. Forms: Affidavit of Direct Payment. 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 court may be a surrogate's court, probate court or . Search for Case AZ Statewide. (8) County. (90) Status Of Entitled Spouse Of No-Will Decedent. Set as Default Template (73) Matter Of Estate. Or mailed to: Pinal County School Office. Free Small Estate Affidavit Form Mohave County Arizona I would highly recommend Jeff for all your estate planning needs. 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. Enjoy the small town, country lifestyle on your own private horse property. Library File Link: 32-6901. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. 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). 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. Furnish your name to the declaration statement made. 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 . 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. Produce the dollar sum of values entered for the Arizona Decedents listed personal property. Filing the small estate affidavit involves a two-step process. (105) Printed Name Of Person. In addition, Jeffrey is very personable. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. My wife and I felt very comfortable with Jeff. Get form. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. The Filer must declare whether he or she is a Private Party acting in his or her own interests, an Attorney representing the Affiant, or an Agent of the Affiant. If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. 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. Florence, AZ 85132. 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. . Aunt was AZ resident and died in AZ. How Do You Transfer Real Estate Using a Small Estate Affidavit? We are certified by the Arizona Supreme Court. The state of Arizona uses the Small Estate Affidavit process to transfer assets from the deceased to their heirs without going through probate. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. 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. If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. (14) No Will Made. 2023 Pinal County Superintendent Office. 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"). 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. Court and Hearing room cases occurring today. The small estate affidavit process may only be used in cases where probate is not required. 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. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process. 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. Mostly clear, with a low around 44. Responses to your questions do not . If this is the case, we would identify all of those in the affidavit. 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. 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. Partly cloudy, with a low around 46. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. If however, the property had a loan on it the value is determined by the unpaid principal balance due on the debt as of the date of death. Website Navigation You'll also find links to: (11) Place Of Death. Free Small Estate Affidavit Form Cochise County Arizona List every debt owed to the Arizona Decedent where requested. 3) Your childis discontinuing public school to attend a private school. 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. (68) Lawyers Bar Number. Pinal County 31 N Pinal Street Florence, AZ 85132. does licking a canker sore make it worse richard schwahn one tree hill We can also help you with a simple uncontested probate, formal probate, and complex probate. 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. They're used to simplify the probate process for estates valued at $50,000 or less. This paperwork requires an Arizona-recognized Notary Public to observe the signature process. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. (65) Signature. Superior Court of Arizona in Pinal County November 29, 2004 ALL . 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. . In Arizona, a personal representative is appointed by the court. (92) Sole Heir Of No-Will Arizona Decedent. His approach and honesty sold us and we returned a few months later to update our own wills and trust creation. A small estate affidavit allows you to speed up the process of delivering things that are owed to people. If the property was not in the possession of the Arizona Decedent, then the full name and contact information of the current Holder of the Arizona Decedents property must be provided. You are named in the will of the person who died, and attached a certified copy of the will; You are the spouse of the person who died; You are a child of the person who died, and there is no surviving spouse, or there is a surviving spouse but he or she is not the parent and the deceased had separate or community property; You are the parent of the person who died, and there is no surviving spouse or child; You are a brother or sister of the person who died, and there is no surviving spouse, child or parent. Using small estate affidavit to obtain balance in checking account from AZ . 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). Understanding the asset transfer process is important for Arizona residents and their loved ones. 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. Additionally, the total assessed value of the estates real property cannot exceed $100,000 after the value of liens or encumbrances has been subtracted. West northwest wind 5 to 8 mph becoming east southeast after midnight. In addition, there can be no federal or state estate tax due. Once the act of signing has been completed, the Affiants printed name must be submitted. STATE OF ARIZONA ) )ss PINAL COUNTY ) I , being first duly sworn, do upon my oath, hereby state as follows: 1. Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 . 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 . property that is both tangible and intangible). The state also allows for the transferring of real property for small estates by affidavit. What Happens if No One Applies for Probate? (56) Contact Information. In 2023, that is $12.92 million. (21) Location, Or Who Has Property Now. (45) Filers Attorney Information. 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. Website Navigation Affidavit of Direct Child Support Payments. (46) Fidicuary Information. (31) Case Number. Probate . Posted on Aug 8, 2016. Althoug We are so happy to have found Jeffrey. 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. Packet 03 - Administration of the Estate. For more Probate Forms from the Arizona Office of the Courts follow the . Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. This selection should only be chosen if the Arizona Decedent did not have a will. Hear what is happening in Pinal County Court and Hearing Rooms. APN. To find where to file, use this Court Locator. 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 federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. Attorney Advertising. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . Black Living Room End Tables. If a Licensed Fiduciary is involved, his or her complete license number is required. If the value of the personal property or real property exceeds these amounts, probate is necessary. (94) No Surviving Spouse. I would highly recommend Jeff for all your estate planning needs. You may use the forms and instructions in this packet if . Information on the various Courts in Pinal County, Information on careers with the Pinal County Superior Court. The limits are based on the total dollar value of a decedent's assets. This process is in place to provide for easier transfer of small estates to the deceased to their heirs, lowering costs and providing a greater degree of simplicity. We will discuss this further below. Set as Default Template 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. 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. 1. 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. However, it's important to know that only probate assets are counted toward these limits. Begin Section 10 by selecting the first or second checkbox from the Reason statement. (82) Decent Property Ownership. 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. 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. This should be presented immediately upon signing as the current calendar date at the time. (6) Licensed Fiduciary Number. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. arizona small estate affidavit pinal county. The information presented at this site should not be construed to be legal advice. This issue may need to be handled by the Notary Public in attendance of the signing. Free Small Estate Affidavit Form Pinal County Arizona We were fortunate that we came across Jeff Hall. 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. JacksonWhite Law offers a full range of legal services to assist individuals, families and businesses in achieving success through out the state of Arizona on a wide range of legal matters. My comments are of a general nature and should not be considered legal advice for your particular situation or issue. This website is designed for general information only. How to Become Executor of Estate After Death. The petitioner must also verify that the net value of the decedents property (minus debts) qualifies for small-estate treatment. He was so efficient and covered all my personal concerns. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Help. (78) Arizona Decedents Real Property. Thirty days must have passed since the date of death as certified in the death certificate. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. 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). The family would need to submit an affidavit to the court showing the assets and a copy of the will . It is possible that there are multiple ways that you are entitled to the property. See our profile at Lawyers.com or Martindale.com. 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. Step 1 Download in Adobe PDF or Microsoft Word (.doc). When the legal documents were completed, he thoroughly reviewed each of the documents with us and provided us with a complete and detailed listing, including instructions, of the activities we needed to complete to transfer/assign our assets to the living trust. Small Estate; Affidavit of Heirship . If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. The Petitioner(s) or Petitioners Attorney must dispense a notarized signature to this document once it has been completed. (83) Number Of Entitled Petitioners. 14-2401 through 14-2405. Pinal County. (102) Formal Release From Those Named In Will. Consult the Arizona Decedents death certificate then document the noted place of his or her death. This process begins with a report of the current date.