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. Affidavit of Succession to Real Property. The federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. Our Services . Notice this statement contains two checkboxes within it. Click here for answers to Frequently Asked Questions. 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. I would highly recommend Jeff for all your estate planning needs. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. A personal representative is also commonly referred to as an executor. (91) Children Of No Will Arizona Decedent. (27) Printed Name. (12) Relationship To Arizona Decedent. We were also happy with our initial consultation: We've read some people charge for this if you don't hire them. (84) Petitioning Spouse. Information for residents who have the privilege to serve on a Jury. 3) Your childis discontinuing public school to attend a private school. Produce your full name at the top of this page to identify yourself as the Filer of this document. He was very professional and timely in providing these services. read more, We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. (107) Notary Public Action. Free Small Estate Affidavit Form Greenlee County Arizona Search for Case AZ Statewide. (70) Filer Status. The use of a Small Estate Affidavit for Arizona is limited to situations where the deceased person did not have a lot of assets. Pinaljury Az Gov 2005-2023 Form. How to fill out a Small Estate Affidavit Arizona form. Probating an estate in Arizona is far less complicated and expensive than in many other states. Write down your name, contact details containing the full address, email, zip code, telephone number, the bar number of your attorney, and the authorized fiduciary number. Free Small Estate Affidavit Form Mohave County Arizona Althoug We are so happy to have found Jeffrey. According to the California Probate Code 13200, a small estate is considered $166,250. 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. As Staff Page Only, Template: 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. (25) Total Amount Owed. There are specific requirements and processes to file this affidavit of succession for real property. Contract Attorney Tampa Fl He provided excellent answers to the numerous questions I had, which made me comfortable that he had in-depth knowledge of Estate Planning. INFORMATION ABOUT PERSON WHO DIED: Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. He was very responsive, professional and helpful. 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. 1. 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. (95) Surviving Children Of Affiant. The more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. 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. The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. 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. This institution is an equal opportunity provider. Mostly clear, with a low around 44. 1) Your child isdiscontinuing public school to homeschool. Packet Pima County 2012-2023 Form. If a previous account has been submitted and this document is meant to update or correct previous information regarding the Petitioner, Survivors, or Arizona Decedent, then this paperwork must be presented as such. (22) Total Value. 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. This parcel borders Coronado National Forest and Arizona Trail is nearby. Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. A form used to simplify the probate process for small estates. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. He was prompt and listened to our needs and made very good suggestions. (100) Named As Heir To Estate In Will. 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. I am so thankful Jeff was recommended to me. The Petitioner behind this document must date the signature he or she has provided. Conservator Account Forms (Forms 5-9): Throughout the conservatorship . (65) Signature. If a Licensed Fiduciary is involved, his or her complete license number is required. Family Court Forms. This paperwork can be filed by one of several types of Parties. 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. Consult the Arizona Decedents death certificate then document the noted place of his or her death. Frequently Asked Questions about Arizona Probate Law, Schedule Your Free Probate Consultation Today. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. It is very reassuring both to have the trust and to b Jeffrey P. Hall, PLLC is located in Chandler, AZ and serves clients in and around Chandler and Maricopa County. 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. 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. Set as Default Template 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. This process begins with a report of the current date. If this document involves the Guardianship of a Minor or Adult who is incapacitated with an advanced condition (i.e. It is important to note that filing for informal probate will typically be more costly than using the small estate affidavit process. 2023 Pinal County Superintendent Office. (23) Amount Owed. The value of all of the. For your convenience, the Pinal County Justice Courts have made several forms available. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . 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. ARIZONA TAX CREDIT SCHOOL PARTNERSHIP APPLICATION - aztxcr. Free Small Estate Affidavit Form Graham County Arizona 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. (99) Affidavit Release For Real Property. If there are more than one Affiants, each must provide a notarized signature. Transferring a Small Estate Without Probate. We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. Produce the full name of the Arizona Decedent on the left side of the page then indicate if he or she is an Adult or Minor by selecting the appropriate checkbox. (82) Decent Property Ownership. Affidavit of Direct Child Support Payments. Produce the full name and the current address and (if possible) phone number of the Debtor owing the defined amount for the debt reported. small estate affidavit arizona. The full name, address, telephone number, and email of the Party filing this document should be reported where it is requested to properly introduce this page. If the Affiant(s) is named in the Arizona Decedents will then locate the fourth checkbox statement in Section 10 and select it. He avoids the use of legalize and explained every step of the process using terminology my wife and I could fully and completely understand. Electronic Child Support Submission | See ExpertPay or call - 1 (800) 403-0879. Law Enforcement Resources/AZ Crash Report/Training Resources . 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. (105) Printed Name Of Person. 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. However, the affidavit process has specific requirements . You'll also find links to: (19) Description. Hear what is happening in Pinal County Court and Hearing Rooms. He walked us through what he could do for us, or what we could do if we wanted to handle it ourselves. (106) Date. Produce the full name of the Decedents Personal Representative or Special Administrator. If the Filer is an Attorney, then his or her bar number must be included with his or her information above. %PDF-1.7 % Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 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). Contact our office to today to start the process for your small estate affidavit of succession. 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. A. File size / Pages: 46KB ; 1 pg. Default Staff Template: Notebook_Blue If seeking personal property, it is not necessary to file the small estate affidavit with the court. (93) Greater Or Equal Right Relinquishment. Collection of personal property affidavit. For purposes of the small estate affidavit process, the value of the real property will be determined using the assessed value of the property for the current year, less any outstanding debt. 14-3971 (Collection of Personal Property by Affidavit). (9) Name Of Person Who Died. Checklist. (54) Licensing Status. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. Affidavit of Heirship: Arizona does not force family or other inheritors to initiate the heirship process immediately after death, but allows grieving families to wait up to 2 years before completing and filing the affidavit of heirship. Call (480)467-4365 or fill out our contact form to schedule your consultation and discuss your best legal options. arizona small estate affidavit pinal county. (2) Address. . Employer Information Sheet. (63) Declaration. 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. Partly cloudy, with a low around 46. Rowley Chapman & Barney, Ltd. can help you with estate planning, or any other legal issues in Arizona. Russo Law Group, P.C. 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). 1. 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. 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. Display: The court may be a surrogate's court, probate court or . 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. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. More Real Estate Resources. You may use the forms and instructions in this packet if . Furnish your full address to the two lines available below your name. Give our Mesa probate lawyers a call today at 480-833-1113. Select the third checkbox if there is more than one Affiant and these Petitioners have the strongest claim on the Arizona Decedents real property because the Arizona Decedent had no Spouse and no other Dependent holds a greater right to the property than the Affiants behind this paperwork. How Do You Transfer Real Estate Using a Small Estate Affidavit? For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. Understanding the asset transfer process is important for Arizona residents and their loved ones. (79) Affiant(s)/Decedent Relationship. New Listings in 85623. 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). Maricopa County provides small estate affidavit forms; check with your county to find out how you can obtain the right forms. | 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. In most cases, you can obtain a copy of the deed from the County Recorders Office where the property is located. Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. 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. (16) Assigned Interest By Rightful Survivors. (40) 230 Guardianship. Start Here. Library File Link: 40-5143. (29) Arizona Notarization. He was very professional and timely in providing these services. If the Arizona Decedent did not have a will then locate the second checkbox statement for selection. (20) Value. The Arizona County where this issue is filed should be displayed at the top of the page. An Arizona Small Estate Affidavit must be notarized. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. We will discuss this further below. The person carrying out the small-estate affidavit procedure, known as the petitioner, begins by verifying if they are statutorily entitled to personal and/or real property from the decedent. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. . If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. 307-12-033E. 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. 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. Forms: Affidavit of Direct Payment. Manually operated gated are. 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. Call our Probate team at (480) 467-4365 to discuss your case today. By Change of Address in a Non-Criminal Case. (32) Wards, Decedents, Trusts, Or Individuals. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. He knows what its like to be a public servant and I highly recommend anyone in the professions of police, fire and the military to contact him.Respectfully, Frank Marcell Tempe, Arizona, Recently, Jeffrey P. Hall, PLLC, prepared the necessary legal document to establish a living trust for my wife and me. Free Small Estate Affidavit Form Santa Cruz County Arizona (83) Number Of Entitled Petitioners. The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. When the affidavit is filed, it must be accompanied by a certified copy of the death certificate, along with the original will (if there is one). Title. 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. (35) Lawyer Information. A general personal representative excludes a special administrator. 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 . Other Forms You May Need. (37) Case Number. Child Support Order. For more Probate Forms from the Arizona Office of the Courts follow the . If it is rejected, the estate must be settled by probate. To find where to file, use this, A.R.S. West northwest wind 5 to 8 mph becoming east southeast after midnight. Resolution Statement 2013-2023 Form. Arizona Department of Transportation. Departments that will help you traverse the court system. Sunny, with a high near 66. 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. 14-3971.Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. Does A Beneficiary Have The Right To See A Trust? (21) Location, Or Who Has Property Now. Jeffrey P. Hall If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. . We are certified by the Arizona Supreme Court. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process. You are the surviving spouse, and you want to . In those cases, the mortgage will probably include a due-on-sale clause. It must be notarized by an Arizona notary public. Consult With a Local Probate Attorney. 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 information presented at this site should not be construed to be legal advice. (33) Petitioner For Arizona Decedent Real Property. 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. endstream endobj startxref 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. Approaching and working with a lawyer can be intimidating. Information on Collecting Personal Property. Delaware: Real property: $30,000: District of Columbia-$40,000: Florida-Typically $75,000, but varies by county: Georgia . Southeast wind 6 to 13 mph becoming west in the afternoon. 0 Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. 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. 2006 0 obj <> endobj In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. It is important to understand the process of transferring property through the small estate affidavit process. Pinal County. (24) Name Of Who Owes The Debt. 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. Visit the appropriate court office. 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. Small estate affidavits are filed with the Register of Wills. The acknowledgment introducing the sections will require that the Affiant be defined as a single Party by marking the first checkbox or as multiple (Signature) Parties by selecting the second checkbox. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . (53) Name. If the decedent left a will, the petitioner must obtain a copy. 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. Boards . Small Estate; Affidavit of Heirship . Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). For Sale: 10 Acres S Owl Cove Rd, Marana, AZ 85658 $115,000 MLS# 22228628 Beautiful, saguaro studded 10 acres of vacant land, bordered by Federal land to the west. 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 Form Number: 10695. . Sign your name to declare the content of this paperwork is as accurate as possible. 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. To this end, the Filer must select the Self or the Attorney checkbox. 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"). Other Probate Forms. 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. Select the second statements checkbox if the Affiant is a Minor or Dependent of the Arizona Decedent, has written statements from the Arizona Decedents other Dependents that release their interest in the real property to the Affiant, and the Decedent was unmarried or had no Spouse at the time of his or her death. 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). The limit for the purpose of transferring real property is $55,425. 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. (42) Todays Date. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. u.vgH}{? How to Become Executor of Estate After Death. 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. (69) Licensed Fiduciary Number. It is important to understand the process of transferring property through the small estate affidavit process. 1. (13) Named In The Will. Transcribe the Arizona Decedents formal calendar date of death to Section B. | 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. (81) Legal Description. 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. Information on the various Courts in Pinal County, Information on careers with the Pinal County Superior Court. 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. Once the act of signing has been completed, the Affiants printed name must be submitted. 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 people signing the affidavit state the basis or reason for why they are entitlement to the real property. In order to use the small estate affidavit of succession for real property, you must wait 6 months after the person has died. 75 N. Bailey Street. 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. I'd definitely recommend Jeff for his legal services. His knowledge of estate planning greatly contributed toward for our peace of mind. Filing the small estate affidavit involves a two-step process. (89) Arizona Decedent With No Will. (17) Rightful Survivors Sign Over Rights In Will. 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 limits are based on the total dollar value of a decedent's assets. 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. 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.