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. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. Transfer of Small Estate by 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. Getting Grandparent Visitation Rights-Part 2, simple uncontested probate, formal probate, and complex probate, Special Needs Child becoming an Adult Guardianship, Last Will, Living Will and Living Trust Packages. 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. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. 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. 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. If a loved one in Arizona did not create a will before they died, use these forms to help make the familys transition smoother. Seek instruction from this Party before executing this document. This calendar date should be presented. I would highly recommend Jeff for all your estate planning needs. 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. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed . West northwest wind 5 to 8 mph becoming east southeast after midnight. 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. In most cases, you can obtain a copy of the deed from the County Recorders Office where the property is located. What Happens at an Arizona Probate Court Hearing? Packet 01 - Appointment of Personal Representative Executor. (82) Decent Property Ownership. 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. This paperwork requires an Arizona-recognized Notary Public to observe the signature process. 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 . Transferring a Small Estate Without Probate. 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. Law Enforcement Resources/AZ Crash Report/Training Resources . 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. If a Licensed Fiduciary is involved, his or her complete license number is required. 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. There will be a few additional areas for this purpose. 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. Get form. 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. His knowledge of estate planning greatly contributed toward for our peace of mind. In this case, it is known as a small estate. 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. 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. (16) Assigned Interest By Rightful Survivors. Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). Arizona statutes offer an alternative to avoiding probate by using an Affidavit of Succession to Real Property in cases in which the real property value does not exceed a certain value. (27) Printed Name. in the estate of the person who died Nestled between Maricopa County (Phoenix) and Pima County (Tucson), Pinal County is home to over 439,128 residents. 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. (28) Signature Date. hbbd``bu@)H ,De "l@(KD( w@H (34) Petitioner Status. Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. 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). (105) Printed Name Of Person. (32) Wards, Decedents, Trusts, Or Individuals. 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. (84) Petitioning Spouse. The more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. The value is not determined by the fair market value of the home or property. 2028 0 obj
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All rights reserved. As Staff Page Only 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. As a general rule, you do not need to file the Small Estate Affidavit with any court. Free Small Estate Affidavit Form Yavapai County Arizona In addition, Jeffrey is very personable. They're used to simplify the probate process for estates valued at $50,000 or less. 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. He created read more, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. Arrearage Calculation Request. endstream
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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. (81) Legal Description. Small Estate Transfers. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) Free Small Estate Affidavit Form La Paz County Arizona (12) Relationship To Arizona Decedent. Fill in the county where the deceased lived and passed away. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. We were also happy with our initial consultation: We've read some people charge for this if you don't hire them. (24) Name Of Who Owes The Debt. 1. 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. 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. Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. Information on the various Courts in Pinal County, Information on careers with the Pinal County Superior Court. Friday, June 10, 2022posted by 6:53 AM . . You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. (44) Filer Information. After signing this document the Affiant should print his or her name. He avoids the use of legalize and explained every step of the process using terminology my wife and I could fully and completely understand. 100 Quentin Roosevelt Blvd., Suite 102 Garden City, NY 11530 800-680-1717 This website is designed for general information only. Packet Pima County 2012-2023 Form. Arizona Residency Affidavit . 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. For civil, small claims, and . We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. 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). Arizona Statewide Paralegal offers a number of legal document preparation services that can help you during this time. Unlike . Conservator Account Forms (Forms 5-9): Throughout the conservatorship . This parcel borders Coronado National Forest and Arizona Trail is nearby. Subpoena Packet Pinal County Pinalcountyaz 2011-2023 Form. It is possible that there are multiple ways that you are entitled to the property. Russo Law Group, P.C. 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. The estate must be valued at less than $100,000 for Arizona to grant this affidavit - larger estates are required to go through probate . This paperwork can be filed by one of several types of Parties. You will need to contact the school directly for enrollment or re-enrollment back into public school or into private school. If the decedent left a will, the petitioner must obtain a copy. (33) Petitioner For Arizona Decedent Real Property. Southeast wind 6 to 13 mph becoming west in the afternoon. 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. (98) Release From Greater Or Equal Right Heirs. If this checkbox is selected, produce the name of each Party who requires the Interpreters services. Complete this area with the Representatives phone number at work as well as his or her email address. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Free Small Estate Affidavit Form Maricopa County Arizona (30) County. Superior Court of Arizona in Pinal County November 29, 2004 ALL . 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. (64) Printed Name. Arizona-$100,000 (real property); $75,000 (personal property) . Responses to your questions do not . . Boards . A. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger, In Arizona, the Small Estate Affidavit may be filed if a decedents real property has been valued at less than $100,000, and at least 30 days have passed since the property owner passed away. Library File Link: 40-5143. This institution is an equal opportunity provider. . Probate . A small estate affidavit allows you to speed up the process of delivering things that are owed to people. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. The limit for the purpose of transferring real property is $55,425. If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. (92) Sole Heir Of No-Will Arizona Decedent. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. 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. He was very responsive, professional and helpful. Welcome to Pinal County Court System. He asked all the right questions and provided the answers to our concerns. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . You are named in the will of the person who died, and attached a certified copy of the will; You are the spouse of the person who died; You are a child of the person who died, and there is no surviving spouse, or there is a surviving spouse but he or she is not the parent and the deceased had separate or community property; You are the parent of the person who died, and there is no surviving spouse or child; You are a brother or sister of the person who died, and there is no surviving spouse, child or parent. New India Assurance Renewal Copy Online. 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. 14-3971 (B), ARS. (36) Interpreter. 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. 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 . Approaching and working with a lawyer can be intimidating. 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. 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. Florence, AZ 85132. Departments that will help you traverse the court system. The first step is to file the affidavit with the county probate court. 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. I would highly recommend Jeff for all your estate planning needs. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. He walked us through what he could do for us, or what we could do if we wanted to handle it ourselves. (65) Signature. 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. (56) Contact Information. (83) Number Of Entitled Petitioners. Get form. Filling Out the Arizona Small Estate Affidavit Form. Form Number: 10695. . To find where to file, use this, A.R.S. A.R.S. Home facts updated by county records on Nov 26, 2022. Begin Section 10 by selecting the first or second checkbox from the Reason statement. The address, telephone number, and email address where the Filer of this affidavit can be contacted must be furnished with the Filers identity. Jury Information . 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. 14-3971. Click Here or Call (855) 324-7891 to Connect With a Probate Lawyer serving Casa Grande, Arizona. A personal representative is also commonly referred to as an executor. (107) Notary Public Action. 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. . He is very pleasant to work with and I highly recommend him to anyone needing help with estate planning. Checklist. The top of the next page must display the case number for this matter. (22) Description. Rowley Chapman & Barney, Ltd. can help you with estate planning, or any other legal issues in Arizona. Free Small Estate Affidavit Form Pima County Arizona The family would need to submit an affidavit to the court showing the assets and a copy of the will . %PDF-1.7
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Phone: 520-509-3555 Toll-Free Phone: 888-431-1311. Aunt was AZ resident and died in AZ. If this is the case, we would identify all of those in the affidavit. Thirty days must have passed since the date of death as certified in the death certificate. 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. 0
The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. If the decedent had a will, the assets are distributed according to the will. 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. To do so, select the Updated checkbox. Call us at 480-409-5174 or contact us online for a free consultation. Home Practice Areas Probate Small Estate Affidavits in Arizona. Report the amount of money owed for the debt reported. 307-12-033E. Small Estate; Affidavit of Heirship . 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. A checklist of topics with their appropriate State Codes has been supplied to review. Transcribe the Arizona Decedents formal calendar date of death to Section B. Library File Link: 32-6901. Electronic Payment Authorization. 14-3971 (Collection of Personal Property by Affidavit). 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. (8) County. 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. (25) Total Amount Owed. %%EOF
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. 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"). You'll also find links to: Understanding the asset transfer process is important for Arizona residents and their loved ones. Produce all digits making up the Arizona Decedents social security number. 2022 Electronic Forms LLC. 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. 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. (69) Licensed Fiduciary Number. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. 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. My wife and I highly recommend Jeffrey for these legal services. INFORMATION ABOUT PERSON WHO DIED: arizona small estate affidavit pinal county. (39) 220 Conservator. 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. Furnish your full address to the two lines available below your name. 27/9 1
Free Small Estate Affidavit Form Greenlee County Arizona Copyright 2023 MH Sub I, LLC. 01. 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. The death certificate can be obtained from the local health department for a nominal fee. 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. If seeking personal property, it is not necessary to file the small estate affidavit with the court. (21) Location, Or Who Has Property Now. 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). This clause may not apply if the surviving relative continues to live in the home. The people signing the affidavit state the basis or reason for why they are entitlement to the real property. Jeffrey made the process very comfortable. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). Be aware that late least thirty days must have passed since the Decedent passed away and that the Arizona Decedents personal property must be worth less than $75,000 at the time of death in order for his or her estate to be considered a small estate. Our Services . Information for residents who have the privilege to serve on a Jury. 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.