arizona small estate affidavit pinal county arizona small estate affidavit pinal county

His knowledge of estate planning greatly contributed toward for our peace of mind. 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 person died without a will and you are the sole heir. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. We were also happy with our initial consultation: We've read some people charge for this if you don't hire them. Call our Probate team at (480) 467-4365 to discuss your case today. The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. If seeking personal property, it is not necessary to file the small estate affidavit with the court. The value of all of the. If this document involves the Guardianship of a Minor or Adult who is incapacitated with an advanced condition (i.e. 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. We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger estates are required to go through probate court and the successors must wait at least 6 months before filing for the forms. All rights reserved. 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. In many cases, the property in question will have an outstanding mortgage. (13) Named In The Will. 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. 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. The signers must also state that no other people besides those signing have a right to the property. 1. 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. Call us at 480-409-5174 or contact us online for a free consultation. We serve clients in the Phoenix metropolitan area. Home facts updated by county records on Nov 26, 2022. Probate . Attorney Advertising. 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. 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. Responses to your questions do not . Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 (97) Affiant As Sole Heir. In cases where the home is the only significant asset, the value of the property may mean that the small estate affidavit cannot be used. Frequently Asked Questions about Arizona Probate Law, Schedule Your Free Probate Consultation Today. Medical Excuse from Arizona Superior Jury Form 2009-2023. New India Assurance Renewal Copy Online. Give our Mesa probate lawyers a call today at 480-833-1113. 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. My husband Steve and I relocated to Arizona from another U.S. state so we wanted to update all of our estate planning documents. If the Affiant(s) is named in the Arizona Decedents will then locate the fourth checkbox statement in Section 10 and select it. You have permission to use them for any lawful purpose. Althoug We are so happy to have found Jeffrey. | 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. Rowley Chapman & Barney, Ltd. can help you with estate planning, or any other legal issues in Arizona. Non-Probate Affidavit . (76) Deceased. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. Form Number: 10695. . Unlike . If the entire value of the decedent's equity real estate . For civil, small claims, and . Electronic Payment Authorization. Furthermore, If the Representative being identified is a Licensed Fiduciary then provide his or her license information to the area requesting it. Select the checkbox corresponding to the Interpreter statement if anyone producing this document or receiving this document requires a formal interpretation of its content. He was very professional and timely in providing these services. (54) Licensing Status. 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. (15) Affiant Status. He avoids the use of legalize and explained every step of the process using terminology my wife and I could fully and completely understand. Our mission is to administer timely and efficent justice with respect and fairness to all. . He prepared our Estate Plan documents on a timely basis for a reasonable price. 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). Law Enforcement Resources/AZ Crash Report/Training Resources . . Arizona Small Estate Affidavit 2011-2023 Form. If the affidavit is accepted by the court, the property can be transferred to the designated heirs. Using small estate affidavit to obtain balance in checking account from AZ . (73) Matter Of Estate. 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. (35) Lawyer Information. Change of Address in a Non-Criminal Case. Confirm the case number assigned to the Decedents estate. Affidavits can be filed ANY TIME OF YEAR. Website Navigation My wife and I felt very comfortable with Jeff. I do not know if we could have completed the process without this listing. Call (480)467-4365 or fill out our contact form to schedule your consultation and discuss your best legal options. 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. (45) Filers Attorney Information. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. The Individual submitting this document must self-identify at the beginning of this declaration. Name of any/all spouses including date(s) or marriage, divorce, and death (if any), Name of any/all children including date(s) or marriage, divorce, and death (if any), Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any), Name of any/all parents including date(s) or marriage, divorce, and death (if any), Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any), Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any). Jeffrey P. Hall, PLLC Law office locations: Understanding Arizonas Small-Estate Affidavit Procedure. Get form. 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. 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. (44) Filer Information. It is important to understand the process of transferring property through the small estate affidavit process. (11) Place Of Death. 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. The name, mailing address, current phone number(s), and email address identifying the Filer of this paperwork with his or her contact information should be delivered to the top of this form. He prepared our Estate Plan documents on read more, 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 read more, Jeff Hall did an excellent and timely job of providing my wife and I with a new living trust after we relocated to Arizona. (8) County. (24) Name Of Who Owes The Debt. Produce all digits making up the Arizona Decedents social security number. For instance, the tax assessment on a given parcel of real estate may be $180,000, even if the fair market value of the property is closer to $220,000. 2) Your child is discontinuing homeschooling or private schooling and returning to a public school. 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. We can also help you with a simple uncontested probate, formal probate, and complex probate. . Probate is a legal process that goes through the local courts in the county where the deceased person lived. June 3, 2020 If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. In addition, Jeffrey is very personable. This process begins with a report of the current date. There are specific requirements and processes to file this affidavit of succession for real property. (79) Affiant(s)/Decedent Relationship. (82) Decent Property Ownership. (98) Release From Greater Or Equal Right Heirs. Information for residents who have the privilege to serve on a Jury. Board of Supervisors. The state of Arizona uses the Small Estate Affidavit process to transfer assets from the deceased to their heirs without going through probate. More Real Estate Resources. Pinal County, formed in February 1875, comprises 5,376 square miles. For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. 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. Employer Information Sheet. Mostly clear, with a low around 44. English. by | Jun 3, 2022 | inglourious basterds rat monologue | Jun 3, 2022 | inglourious basterds rat monologue Spoiler alert: very few people now have to pay these taxes. As Staff Page Only, Template: An Arizona Small Estate Affidavit must be notarized. His knowledge of estate planning greatly contributed toward for our peace of mind. Select the first checkbox statement in Section 10 if the Affiant is the Spouse of the Arizona Decedent and can claim the concerned real property of the estate through A.R.S. Free Small Estate Affidavit Form Yavapai County Arizona 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. Arizona statutes provide for a simplified affidavit process for small estates with real property or personal property valued below specific amounts. Under Arizona law the motor vehicle division . (94) No Surviving Spouse. Collection of personal property affidavit. homes for sale in fishersville, va; 22 . (53) Name. with personal property valued at less than $75,000 and real property under $100,000. 14-3971. (92) Sole Heir Of No-Will Arizona Decedent. (86) Greatest Interest Surviving Minor/Dependents. (84) Petitioning Spouse. 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. In this case, it is known as a small estate. If the decedents personal property bank accounts, vehicles, other non-real estate property values less. 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. In the small estate affidavit of succession, the heirs must state that a personal representative has not been appointed or that an application for a personal representative is not pending. Thirty days must have passed since the date of death as certified in the death certificate. Packet 05 - Claims or Objections. (95) Surviving Children Of Affiant. Free Small Estate Affidavit Form Navajo County Arizona Free Small Estate Affidavit Form Gila County Arizona They're used to simplify the probate process for estates valued at $50,000 or less. 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. We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. 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. 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. (101) Release Of Property From Those Named In Will. 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. (26) Signature Of Person Making Affidavit. The people signing the affidavit state the basis or reason for why they are entitlement to the real property. Updated February 21, 2023. 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. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. Declare your relationship to the Arizona Decedent in Section 3. (6) Licensed Fiduciary Number. He is very pleasant to work with and I highly recommend him to anyone needing help with estate planning. (57) Non-Fiduciary Representative Information. Sign your name to declare the content of this paperwork is as accurate as possible. Hours and Locations; Online Services; Driver Services; . . 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. JUVENILE ONLY: Annual Report of Guardian for a Minor w/Physicians Annual Report. 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 the designated heir does not plan to live in the home, they will need to contact the lender before making any transfer of property. (46) Fidicuary Information. 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. Sunny, with a high near 66. If the Representative is not a Licensed Fiduciary then several additional pieces of information should be recorded. This selection should only be chosen if the Arizona Decedent did not have a will. The more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. 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. 1) Your child isdiscontinuing public school to homeschool. 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. Jury Information . He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. 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"). We will discuss this further below. (62) Arizona Decedent Social Security Number. If seeking personal property, it is not necessary to file the small estate affidavit with the court. What Happens at an Arizona Probate Court Hearing? Section 7 is where every piece of personal property owned by the Arizona Decedent must be documented. (41) 240 Guardianship-Conservator Combination. 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. 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. The affidavit must describe the property and what ownership interest the person who died had in the property. 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. Does A Beneficiary Have The Right To See A Trust? Child Support Order. In Arizona, the Small Estate Affidavit may be filed if a decedent's real property has been valued at . . (2) Address. (66) Person Filing. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. 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. 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. (34) Petitioner Status. We were fortunate that we came across Jeff Hall. 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. 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. He walked us through what he could do for us, or what we read more, I selected Jeff because his website was very well done and informative (no prior reference, just liked what he said on his website). Get form. 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. The petitioner must also verify whether the court has previously appointed a personal representative for the estate and, if so, determine the status of that process. 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. Resolution Statement 2013-2023 Form. Order and Other Forms (Forms 1-4, 10, 11-15): The court will enter an order directing the performance of your duties in your fiduciary role as a personal representative, guardian, or conservator. (100) Named As Heir To Estate In Will. How Does the Probate Process Start in Arizona? As Staff Page Only Packet 03 - Administration of the Estate. 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. This paperwork can be filed by one of several types of Parties. Transferring a Small Estate Without Probate. You are the surviving spouse, and you want to . 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 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. arizona small estate affidavit pinal county. This institution is an equal opportunity provider. Other Probate Forms. 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. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. (107) Notary Public Action. endstream endobj startxref If the Arizona Decedent did not have a will then locate the second checkbox statement for selection. Free Small Estate Affidavit Form Santa Cruz County Arizona Free Small Estate Affidavit Form Greenlee County Arizona (58) Name. What Happens if No One Applies for Probate? Arizona-$100,000 (real property); $75,000 (personal property) . 14-2401 through 14-2405. 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. To this end, the Filer must select the Self or the Attorney checkbox. 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. Enjoy the small town, country lifestyle on your own private horse 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. Partly cloudy, with a low around 46. (96) Arizona Decedent Siblings. [ Do Not Sell My Personal Information ] [SiteMap]. Thirty days must have passed since the date of death as certified in the death certificate. The County where this paperwork is filed should be produced to the top of the page. 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. 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. Set as Default Template 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. 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. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. Define The Relationship To The Arizona Decedent. 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. Help. The limits are based on the total dollar value of a decedent's assets. (85) Petitioning Surviving Minor/Dependent. Arizona Statewide Paralegal offers a number of legal document preparation services that can help you during this time. Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. How to fill out a Small Estate Affidavit Arizona form. There are different types of small-estate affidavits for personal and real property, each with their own waiting periods: Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. 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. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. Affidavit Instead of Probate - Small Estate Affidavit for Collection of Personal Property Affidavit for Collection of Wages The documents you have received are copyrighted by the Superior Court of Arizona in Pinal County. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. 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. Filling Out the Arizona Small Estate Affidavit Form. 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. 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. The assessed value of the real property (land and permanent structures on the land) in the decedent's estate located in Arizona, less liens and encumbrances as of the date of the decedent's death, does not exceed $100,000, and at least 6 months have passed since the death of the decedent, and/or. You may use the forms and instructions in this packet if . Affidavit to Obtain Payment or Delivery of the Assets of a Decedent Whose Estate Does Not Exceed One Hundred Thousand Dollars 755 ILCS 5/25-1 5/ 25-1. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. It must be notarized by an Arizona notary public. He asked all the right questions and provided the answers to our concerns. Free Small Estate Affidavit Form Coconino County Arizona (89) Arizona Decedent With No Will. Print your name before executing your signature. 75 N. Bailey Street. Fill out and print a free Small Estate Affidavit form for Arizona in just minutes online. 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. 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. Other products and services may be trademarks or registered trademarks of their respective companies. Free Small Estate Affidavit Form Cochise County Arizona 2022 Electronic Forms LLC. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) File size / Pages: 70kb ; 1pg . The information presented at this site should not be construed to be legal advice. 1. No Staff Template For purposes of the affidavit, the county of filing is the county where the property is physically located. If the value of the personal property or real property exceeds these amounts, probate is necessary. Small Estate Transfers. Pinal County 31 N Pinal Street Florence, AZ 85132. Consult the Arizona Decedents death certificate then document the noted place of his or her death. 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). Black Living Room End Tables. It is possible that there are multiple ways that you are entitled to the property. 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.