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. 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. ancillary, trust ), whether this is formal or informal probate of the Decedents Will or some Other action which must be documented as requested by marking the appropriate checkbox. This calendar date should be presented. 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. 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. (55) Mailing And Physical Address. No Staff Template Probating an estate in Arizona is far less complicated and expensive than in many other states. Non-Probate Affidavit . Download (pdf, 673 KB) 2) Your child is discontinuing homeschooling or private schooling and returning to a public school. 2006 0 obj <> endobj 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. XXXX N Hugget Trl S Unit B3; Purpose: For obtaining title to the vehicle from a deceased vehicle owner's estate. 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. An heir or devisee of property may be able to use the affidavit procedure to claim estate assets without going through the probate process. 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. Begin Section 10 by selecting the first or second checkbox from the Reason statement. According to the California Probate Code 13200, a small estate is considered $166,250. 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 (14) No Will Made. 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. Probate Shortcuts for Small Estates in Arizona | Nolo My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. He asked all the right questions and provided the answers to our concerns. (11) Place Of Death. Notice this statement contains two checkboxes within it. In those cases, the mortgage will probably include a due-on-sale clause. Preparing a Small Estate Affidavit in Arizona is a beneficial way to administer the estate of a deceased person without having to go through the long, drawn out process of probate court proceedings. (15) Affiant Status. For purposes of the affidavit, the county of filing is the county where the property is physically located. Understanding the asset transfer process is important for Arizona residents and their loved ones. Get form. (12) Relationship To Arizona Decedent. If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. Pinal County. June 3, 2020 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. Call (480)467-4365 or fill out our contact form to schedule your consultation and discuss your best legal options. u.vgH}{? The top of the next page must display the case number for this matter. We serve clients in the Phoenix metropolitan area. The case number assigned to the Arizona Decedents estate should be produced. Transferring a Small Estate Without Probate. The value of all of the. How Do You Transfer Real Estate Using a Small Estate Affidavit? 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. The person died and left a valid 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 me, which is proven by the copy of the documents they signed to this effect that I am attaching to this affidavit. Electronic Payment Authorization. In addition, there can be no federal or state estate tax due. The people signing the affidavit state the basis or reason for why they are entitlement to the real property. 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. 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. 14-3971 (Collection of Personal Property by Affidavit). 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 same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. 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. Free Small Estate Affidavit Form Pinal County Arizona The limits are based on the total dollar value of a decedent's assets. However, it's important to know that only probate assets are counted toward these limits. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. Instructions: Affidavit for Collection of Personal Property. Free Small Estate Affidavit Form Maricopa County Arizona Forms and certificates can be brought into our office Mon - Fri 8:00 am - 5:00 pm (closed federal holidays): You will need to contact the school district directly to see if they require any forms or documentation on their end when you withdraw your child from ANY district. He avoids the use of legalize and explained every step of the process using terminology my wife and I could fully and completely understand. 1. All rights reserved. The purpose of the document is to avoid court and probate when appropriate. 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. Welcome to Gila County Nestled between Maricopa County (Phoenix) and Pima County (Tucson), Pinal County is home to over 439,128 residents. 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. 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. If the Filer is an Attorney, then his or her bar number must be included with his or her information above. 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. Library File Link: 32-6901. The affidavit MUST BE NOTARIZED - Notary service can be provided; call ahead to guarantee it's available. Arrearage Calculation Request. 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). Probate is a legal process that goes through the local courts in the county where the deceased person lived. Understanding Arizona's Small-Estate Affidavit Procedure If this checkbox is selected, produce the name of each Party who requires the Interpreters services. The first step is to file the affidavit with the county probate court. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Under Arizona law the motor vehicle division . 2023 Pinal County Superintendent Office. If the Representative is not a Licensed Fiduciary then several additional pieces of information should be recorded. Small Estate Affidavit of Succession- Many people wonder whether or not they have to go through probate when a loved one dies with a small estate. (89) Arizona Decedent With No Will. Probate . Collection of personal property affidavit. Report the amount of money owed for the debt reported. A.R.S. (31) Case Number. (56) Contact Information. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . 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. Transferring a Small Estate Without Probate | LawForSeniors.org The real property must be valued below $100,000 and six months must have passed since the decedent's death. Pinal County, AZ | Official Website For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. Does A Beneficiary Have The Right To See A Trust? 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. West wind 5 to 7 mph becoming light and variable in the evening. 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. 10 Acres S Owl Cove Rd, Marana, AZ 85658 | MLS# 22228628 | Redfin Althoug We are so happy to have found Jeffrey. 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. (98) Release From Greater Or Equal Right Heirs. (39) 220 Conservator. (66) Person Filing. 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. Website Navigation If this petition will concern a Guardianship-Conservator combination where at least one Party involved can be considered a Minor or severely debilitated Adult who requires representation then locate and use Section 240s choices to establish this fact. Arizona Small Estate Affidavit Pinal County - sites.google.com What Happens if No One Applies for Probate? 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. (45) Filers Attorney Information. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. Preparing the small estate affidavit of succession for real or personal property is just one the services we offer. Florence, AZ 85132. hU4YcC"zbU+N)S3aIe0Q =4 Fill in the county where the deceased lived and passed away. Help. The death certificate can be obtained from the local health department for a nominal fee. Other Forms You May Need. 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. Probate Court Forms - Pima County, Arizona Free Arizona Small Estate Affidavit Form (PDF) | FormsPal Subscribe for Updates; Site Map. You may use the forms and instructions in this packet if . 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. See our profile at Lawyers.com or Martindale.com. (60) Date Of Death. Home Practice Areas Probate Small Estate Affidavits in Arizona. 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. (76) Deceased. Produce the full name and the current address and (if possible) phone number of the Debtor owing the defined amount for the debt reported. If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. 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. (13) Named In The Will. 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). 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.