Additionally, the total assessed value of the estates real property cannot exceed $100,000 after the value of liens or encumbrances has been subtracted. The death certificate can be obtained from the local health department for a nominal fee. Section 7 is where every piece of personal property owned by the Arizona Decedent must be documented. Furnish your name to the declaration statement made. If the decedent left a will, the petitioner must obtain a copy. This paperwork requires an Arizona-recognized Notary Public to observe the signature process. As Staff Page Only However, it's important to know that only probate assets are counted toward these limits. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. Rowley Chapman & Barney, Ltd. can help you with estate planning, or any other legal issues in Arizona. 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. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. 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). By (60) Date Of Death. In some cases, it may be better to petition for an informal probate, since the probate can be opened and closed before the six-month waiting period has expired. (92) Sole Heir Of No-Will Arizona Decedent. Default Staff Template: Notebook_Blue Title. (70) Filer Status. In addition to the requirements above, the individual signing the small estate affidavit of succession for real property must ensure that all funeral expenses, expenses of last illness and all unsecured debts of the person who died have been paid. Board of Supervisors. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Once done, document the name of the Arizona Decedent as well as the name of the Arizona Court handling this case then the case number assigned to it. To this end, the Filer must select the Self or the Attorney checkbox. 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. In Maricopa County, most probate matters are handled by the Probate Registrar, who is located in the Old Courthouse in downtown Phoenix, or by Maricopa County Superior Court Commissioners located in each Superior Court location. 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. Small Estate Affidavit Arizona Zoning summary. 1. If you are a Fiduciary Agent then record your fiduciary number where requested. 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. 2023 Pinal County Superintendent Office. (81) Legal Description. arizona small estate affidavit pinal county Small Estate Probate | Coconino - Coconino County, Arizona (78) Arizona Decedents Real Property. Arizona Small Estate Affidavit Pinal County - sites.google.com A small estate affidavit allows you to speed up the process of delivering things that are owed to people. SMALL ESTATE AFFIDAVIT(S) FOR TRANSFER (A.R.S. (100) Named As Heir To Estate In Will. . What Happens if No One Applies for Probate? (12) Relationship To Arizona Decedent. If the Arizona Decedent did not have a will then locate the second checkbox statement for selection. There is usually a waiting period of about 45 days before Small Estate proceedings in Arizona can be started, however, the court may waive the waiting period with good cause. You may use the forms and instructions in this packet if . MVD Services. Transfer of Small Estate by Affidavit. That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. 1. Transfer of Small Estate by Affidavit - AzCourtHelp 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. (23) Amount Owed. 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. (7) Filer Status. Court and Hearing room cases occurring today. 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. Welcome to Gila County Start Here. Free Small Estate Affidavit Form Pinal County Arizona 2022 Electronic Forms LLC. Create a high quality document online now! If the entire value of the decedent's equity real estate . 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 . (84) Petitioning Spouse. Arizona statutes provide for a simplified affidavit process for small estates with real property or personal property valued below specific amounts. If this is the case and such paperwork has been obtained then select the second to last statement made in Section 6 and attach the signed and notarized statements (affidavits) of the Rightful Heirs. 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. If the Representative has a mailing address that is separate from his or her physical address, then both must be recorded. 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. If the Affiant is not the Sole Heir and the Decedent has not made a will but all other Heirs have released their interest in the Arizona Decedents real property through a written (and attached) statement then the eighth major statement definition must be selected. Subpoena Packet Pinal County Pinalcountyaz 2011-2023 Form. I'd definitely recommend Jeff for his legal services. Or mailed to: Pinal County School Office. I do not know if we could have completed the process without this listing. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. While the major legal requirement for utilizing a Small Estate Affidavit in Arizona is the total worth of the decedents property, there are a number of factors you should consider to ensure that the estate administration goes as smoothly as possible. Using small estate affidavit to obtain balance in checking account from AZ . . Current Employer Information. (64) Printed Name. 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. The value of all of the. | (36) Interpreter. Does A Beneficiary Have The Right To See A Trust? (85) Petitioning Surviving Minor/Dependent. (11) Place Of Death. Althoug We are so happy to have found Jeffrey. 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. Produce the full name and the current address and (if possible) phone number of the Debtor owing the defined amount for the debt reported. (46) Fidicuary Information. Click here for answers to Frequently Asked Questions. If the affidavit is accepted by the court, the property can be transferred to the designated heirs. arizona small estate affidavit pinal county The purpose of the document is to avoid court and probate when appropriate. Free Maricopa County, Arizona Small Estate Affidavit Form | PDF | Word . What Happens at an Arizona Probate Court Hearing? 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. Instructions for Making Support Payments. 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. 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. Unlike . 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. XXXX N Hugget Trl S Unit B3; (90) Status Of Entitled Spouse Of No-Will Decedent. If the Arizona Decedent has named Heirs as the rightful receivers of the real property but each such Heir has provided a release of his or her interest in this property to the Affiant, then choose the second to last statement made. 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. For civil, small claims, and . 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. (21) Location, Or Who Has Property Now. 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. Probate . Probate Shortcuts for Small Estates in Arizona | Nolo Each of these items will have a place reserved for its presentation. (28) Signature Date. 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. Florence, AZ 85132. Search for cases using statewide search . The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. Attorney Advertising. How to File an Affidavit for the Collection of a Small Estate File size / Pages: 46KB ; 1 pg. 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. Arizona Affidavit of Heirship (Real Estate) ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. Free Affidavit to Collect Personal Property Packet - Arizona Set as Default Template 2006 0 obj <> endobj (67) Contact Information Of Filer. (6) Licensed Fiduciary Number. The more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. Forms - Pinal County Clerk of the Superior Court Home (62) Arizona Decedent Social Security Number. Declare your relationship to the Arizona Decedent in Section 3. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. 2028 0 obj <>stream Purpose: Residency affidavit to be eligible for an Arizona Travel-Compliant Driver License or Non-operating ID. Form 08 - General Order to Personal Representative. The Individual submitting this document must self-identify at the beginning of this declaration. (91) Children Of No Will Arizona Decedent. Filing the small estate affidavit involves a two-step process. Boards . His knowledge of estate planning greatly contributed toward for our peace of mind. (44) Filer Information. 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. (31) Case Number. Information for residents who have the privilege to serve on a Jury. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Other Probate Forms. (68) Lawyers Bar Number. Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 Probating an estate in Arizona is far less complicated and expensive than in many other states. The small estate affidavit process may only be used in cases where probate is not required. (101) Release Of Property From Those Named In Will. 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. 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. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. 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. Frequently Asked Questions about Arizona Probate Law, Schedule Your Free Probate Consultation Today. There will be a few additional areas for this purpose. 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 . More Real Estate Resources. Fill in the county where the deceased lived and passed away. We are certified legal document preparers with exceptional case management services that can ensure your experience during this difficult time is as smooth and seamless as possible. However, successors are allowed to wait for a few years after the decedent passes. (88) Case Number. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. Small Estate Transfers. To find where to file, use this Court Locator. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. An Arizona Small Estate Affidavit must be notarized. To find where to file, use this, A.R.S. I am so thankful Jeff was recommended to me. Superior Court of Arizona in Pinal County November 29, 2004 ALL . (10) Date Of Death. 14-3971 (B), ARS. If this is the case, we would identify all of those in the affidavit. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. (58) Name. Non-Probate Affidavit . Arizona Code of Judicial Administration (ACJA), Chapter 3. In order to use the small estate affidavit of succession for real property, you must wait 6 months after the person has died. (38) 200 Estate. I would highly recommend Jeff for all your estate planning needs. The same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. Free Arizona Small Estate Affidavit | Affidavit Of Heirship Form | PDF Our Services . 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. If the Filer is an Attorney, then his or her bar number must be included with his or her information above. His approach and honesty sold us and we returned a few months later to update our own wills and trust creation. 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. Contact our office to today to start the process for your small estate affidavit of succession. Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. Pinal County, AZ | Official Website If the Affiant has gained formal affidavits from Heirs named in the Arizona Decedents will as the inheritors of real property that release all such interests in this property to the Affiant, then select the final statement. (26) Signature Of Person Making Affidavit. If this is not a correction or update, then leave this checkbox unmarked. 14-3971. Manually operated gated are. (14) No Will Made. If the value of the personal property or real property exceeds these amounts, probate is necessary. We were fortunate that we came across Jeff Hall. Free Small Estate Affidavit Form Pima County Arizona Thus locate 200 Estate. Indicate if this is a formal or informal appointment of a Personal Representative (for the Decedents real property), whether this paperwork is submitted purely for administrative purposes (i.e. We are certified by the Arizona Supreme Court. According to the California Probate Code 13200, a small estate is considered $166,250. 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. Friday, June 10, 2022posted by 6:53 AM . (65) Signature. Form Number: 10695. . 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. The family would need to submit an affidavit to the court showing the assets and a copy of the will . (102) Formal Release From Those Named In Will. 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 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. Maricopa County provides small estate affidavit forms; check with your county to find out how you can obtain the right forms. Arrearage Calculation Request. A checklist of topics with their appropriate State Codes has been supplied to review. Get form. For personal or real property, when you are claiming property using the affidavit of succession, you will need to list how you are entitled to the property. (66) Person Filing. The signers must also state that no other people besides those signing have a right to the property. (27) Printed Name. (54) Licensing Status. Information on Collecting Personal Property. Arizona Affidavit Process for Small Estates May Avoid Probate They're used to simplify the probate process for estates valued at $50,000 or less. At least six (6) monthsmust pass before the transfer of real property. 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. You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. The affidavit must describe the property and what ownership interest the person who died had in the property. If this is not the case, then do not select this statement. (29) Arizona Notarization. (63) Declaration. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) homes for sale in fishersville, va; 22 . Pinaljury Az Gov 2005-2023 Form. 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. 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. Superior Court - Pinal County Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. The state of Arizona has some very specific laws governing estates and the distribution of property, and an incomplete understanding of those guidelines could mean increased expenses at what is already a trying time. 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. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. (20) Value. Produce the mailing address and/or physical address of the Representative as requested. 0 Quick Links. 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. Complete this area with the Representatives phone number at work as well as his or her email address. He provided excellent answers to the numerous questions I had, which made me comfortable that he had in-depth knowledge of Estate Planning. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. This page will provide you with the following: Links to the Pinal County probate court's website, the address, a map and a phone number to call to get more information. Packet 02 - Appointment of Personal Representative. 14-2401 through 14-2405. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. 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. Arizona Residency Affidavit . 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. This institution is an equal opportunity provider. Arizona Statewide Paralegal offers a number of legal document preparation services that can help you during this time. 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. %%EOF Fill out and print a free Small Estate Affidavit form for Arizona in just minutes online. At least thirty (30) days must pass before the transfer of personal property. Pinal County. 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. (22) Total Value. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. STATE OF ARIZONA ) )ss PINAL COUNTY ) I , being first duly sworn, do upon my oath, hereby state as follows: 1. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. Phone: 520-509-3555 Toll-Free Phone: 888-431-1311. (5) Lawyers Bar Number. 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. hbbd``bu@)H ,De "l@(KD( w@H Download (pdf, 673 KB) 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. . 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. Family Court Forms. He was very professional and timely in providing these services. (55) Mailing And Physical Address. (76) Deceased. You'll also find links to: How Long Do You Have to File Probate After Death? | (57) Non-Fiduciary Representative Information. Consult With a Local Probate Attorney. 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. 1. 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. Report the amount of money owed for the debt reported. Great communicator, very knowledgeable and patient. The case number assigned to the Arizona Decedents estate should be produced. He created read more, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. An Arizona Notary Public will be able to verify that he or she has attended and witnessed the Affiant signing of this petition. If seeking personal property, it is not necessary to file the small estate affidavit with the court. small estate affidavit arizona - CocoDoc
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