He prepared our Estate Plan documents on a timely basis for a reasonable price. (88) Case Number. 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. Board of Supervisors. Get form. In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. 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. An Arizona Small Estate Affidavit must be notarized. 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. | 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. Furnish your name to the declaration statement made. dementia) or an Adult that requires inpatient psychiatric treatment then select the appropriate code and definition from Section 230 Guardianship.. For more Probate Forms from the Arizona Office of the Courts follow the . Listen. (40) 230 Guardianship. 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 . 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. 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. Produce the mailing address and/or physical address of the Representative as requested. What Happens at an Arizona Probate Court Hearing? 2022 Electronic Forms LLC. A small estate affidavit allows you to speed up the process of delivering things that are owed to people. Arizona law allows family members to use an affidavit of succession in cases where a person has died and has less than $100,000 in real property value such as a home or land and less than $75,000 in personal property. Hours and Locations; Online Services; Driver Services; . (39) 220 Conservator. Electronic Payment Authorization. Other Probate Forms. Produce your full name at the top of this page to identify yourself as the Filer of this document. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. English. Packet 01 - Appointment of Personal Representative Executor. 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. How to Become Executor of Estate After Death. If an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. 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. (67) Contact Information Of Filer. (32) Wards, Decedents, Trusts, Or Individuals. Read More. The Individual submitting this document must self-identify at the beginning of this declaration. The people signing the affidavit state the basis or reason for why they are entitlement to the real property. Arizona Residency Affidavit | ADOT - Arizona Department of Transportation Home facts updated by county records on Nov 26, 2022. Posted in (66) Person Filing. His price was reasonable and the turnaround time was excellent. The use of a Small Estate Affidavit for Arizona is limited to situations where the deceased person did not have a lot of assets. The Affiant petitioning for the real property of the Arizona Decedent must sign his or her name. Copyright 2023 MH Sub I, LLC. In addition, Jeffrey is very personable. One of the most important things for both Arizona residents and their loved ones to understand is how small estate affidavits work and why they are so important. Affidavit of Direct Child Support Payments. On this page are downloadable forms allowing you to access them from your home, work, or library PC, fill them out using the computer, and bring the completed, printed versions to the correct court along with the filing fee. Happy Thot 5 Acres, Oracle, AZ 85623 | MLS# 22224449 | Redfin They're used to simplify the probate process for estates valued at $50,000 or less. Furthermore, If the Representative being identified is a Licensed Fiduciary then provide his or her license information to the area requesting it. Affidavit of Succession, Proof of Authority, Ancillary Probate | AZ 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. (13) Named In The Will. Delaware: Real property: $30,000: District of Columbia-$40,000: Florida-Typically $75,000, but varies by county: Georgia . (79) Affiant(s)/Decedent Relationship. According to the California Probate Code 13200, a small estate is considered $166,250. There are specific requirements and processes to file this affidavit of succession for real property. In many cases, the property in question will have an outstanding mortgage. 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. 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. The value of all of the. Resolution Statement 2013-2023 Form. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. . 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. Arizona statutes provide for a simplified affidavit process for small estates with real property or personal property valued below specific amounts. Probate Forms - Arizona Judicial Branch Free Small Estate Affidavit Form Cochise County Arizona APN. Our mission is to administer timely and efficent justice with respect and fairness to all. At least thirty (30) days must pass before the transfer of personal property. (45) Filers Attorney Information. 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. Free Arizona Small Estate Affidavit | Affidavit Of Heirship Form | PDF arizona small estate affidavit pinal county However, it's important to know that only probate assets are counted toward these limits. No Staff Template Free Small Estate Affidavit Form Pima County Arizona A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. As Staff Page Only Notice this statement contains two checkboxes within it. endstream endobj startxref Seek instruction from this Party before executing this document. If the Arizona Decedent did not have a will then locate the second checkbox statement for selection. Understanding the asset transfer process is important for Arizona residents and their loved ones. Transfer of Small Estate by Affidavit Popular. 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. 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. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. Arizona Affidavit of Heirship (Real Estate) See our profile at Lawyers.com or Martindale.com. 307-12-033E. If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. 1. Free Small Estate Affidavit Form Yavapai County Arizona Filling Out the Arizona Small Estate Affidavit Form. Home Practice Areas Probate Small Estate Affidavits in Arizona. We are certified by the Arizona Supreme Court. The time following the death of loved one or family member can be challenging. Once it has been established that the Arizona Decedent did not have a will, one of the checkboxes defining the Affiant relationship to the Decedent must be selected. Get form. Small estate affidavit. . If the Filer is an Attorney, then the name of the Affiant must be presented. 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. u.vgH}{? 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. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. Attorney Advertising. If however, the property had a loan on it the value is determined by the unpaid principal balance due on the debt as of the date of death. Library File Link: 32-6901. Does A Beneficiary Have The Right To See A Trust? Free Maricopa County, Arizona Small Estate Affidavit Form | PDF | Word . (100) Named As Heir To Estate In Will. It is possible that there are multiple ways that you are entitled to the property. I would certainly recommend his services to anyone.D Larson, 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 of expertise and his office was conveniently located.He was very prompt in responding to my email as was the appointment time. Pinal County. 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. Small Estate Administration in Arizona | AZ Estate Planning Attorney 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. 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. Arizona Statewide Paralegal offers a number of legal document preparation services that can help you during this time. This calendar date should be presented. If you require legal advice prior to getting started with one of our services please do so with an attorney licensed with the Arizona State Bar. This selection should only be chosen if the Arizona Decedent did not have a will. Family Court Forms. He avoids the use of legalize and explained every step of the process using terminology my wife and I could fully and completely understand. 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. Transferring a Small Estate Without Probate. Start Here. If a loved one in Arizona did not create a will before they died, use these forms to help make the familys transition smoother. 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. Quick Links. 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. (97) Affiant As Sole Heir. Packet Pima County 2012-2023 Form. We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. What Happens if No One Applies for Probate? 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. 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. 2023 Pinal County Superintendent Office. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. 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. Form 08 - General Order to Personal Representative. You are the surviving spouse, and you want to . (73) Matter Of Estate. (81) Legal Description. If a Licensed Fiduciary is involved, his or her complete license number is required. Indicate if the Representative is a licensed Fiduciary by selecting the checkbox labeled Yes. Otherwise, select the No box. Superior Court - Pinal County The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. List every debt owed to the Arizona Decedent where requested. (86) Greatest Interest Surviving Minor/Dependents. At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000, on being presented an affidavit made by or on . Probate Court Forms - Pima County, Arizona . The second step of the small estate affidavit filing process is to record the affidavit in the same county. property that is both tangible and intangible). What is a small estate affidavit? - Policygenius Do i have to file a small estate affidavit with the courts? However, the affidavit process has specific requirements . When they file the affidavit, the beneficiary must also verify that there are no estate taxes due on the transfer, and that all funeral expenses, unsecured debts and expenses of last illness have been paid in full. This issue may need to be handled by the Notary Public in attendance of the signing. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. 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. (1) Person Filing. The Petitioner behind this form or the Attorney representing the Petitioner(s) must sign his or her name as soon as the current calendar date is reported. If the Affiant(s) is named in the Arizona Decedents will then locate the fourth checkbox statement in Section 10 and select it. 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. Court and Hearing room cases occurring today. Responses to your questions do not . 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). To find where to file, use this, A.R.S. I am so thankful Jeff was recommended to me. 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. If you are an Attorney working on behalf of the Affiant through this filing, then your bar number must be furnished for proper identification. Southeast wind 6 to 13 mph becoming west in the afternoon. arizona small estate affidavit pinal county. Other Forms You May Need. 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. Pinal County, formed in February 1875, comprises 5,376 square miles. Information for residents who have the privilege to serve on a Jury. In addition, there can be no federal or state estate tax due. Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. Probate Shortcuts for Small Estates in Arizona | Nolo Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Nestled between Maricopa County (Phoenix) and Pima County (Tucson), Pinal County is home to over 439,128 residents. 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. (44) Filer Information. Search for cases using statewide search . Superior Court of Arizona in Pinal County November 29, 2004 ALL . Instructions: Affidavit for Collection of Personal Property. Contact our office to today to start the process for your small estate affidavit of succession. 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. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. Confirm the case number assigned to the Decedents estate. The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. 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. (57) Non-Fiduciary Representative Information. June 22, 2022; Posted by . 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. (104) Signature Of Person Making Affidavit. Default Staff Template: Notebook_Blue hU4YcC"zbU+N)S3aIe0Q =4 By Under Arizona law, the general rule is that if a deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property . Contract Attorney Tampa Fl 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. homes for sale in fishersville, va; 22 . We can also help you with a simple uncontested probate, formal probate, and complex probate. The same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. 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. . (107) Notary Public Action. If the entire value of the decedent's equity real estate . 0 Jury Information . Departments that will help you traverse the court system. Sunny, with a high near 66. Filing the small estate affidavit involves a two-step process. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. (76) Deceased. A. 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. The Petitioner(s) or Petitioners Attorney must dispense a notarized signature to this document once it has been completed. I would highly recommend Jeff for all your estate planning needs. (63) Declaration. . A.R.S. in the estate of the person who died There will be a different form for real estate. (84) Petitioning Spouse. If this is not the case, then do not select this statement. Affidavit of Financial . (10) Date Of Death. The information presented at this site should not be construed to be legal advice. Excellent and timely serviceRobert. Weather forecast provided by weather.gov. (34) Petitioner Status. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. (33) Petitioner For Arizona Decedent Real Property. Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 He walked us through what he could do for us, or what we could do if we wanted to handle it ourselves. 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. West northwest wind 5 to 8 mph becoming east southeast after midnight. To find where to file, use this Court Locator. arizona small estate affidavit pinal county. PDF Revised 10.19.17 AFFIDAVIT TO COLLECT PERSONAL PROPERTY Or mailed to: Pinal County School Office. Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). 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. In Arizona, a personal representative is appointed by the court. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. small estate affidavit arizona - CocoDoc (14) No Will Made. 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. Produce the dollar sum of values entered for the Arizona Decedents listed personal property. 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. 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. That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. 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"). 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. 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. (68) Lawyers Bar Number. Once the act of signing has been completed, the Affiants printed name must be submitted. Write the Descendant's Personal Information. 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. (6) Licensed Fiduciary Number. The County where this paperwork is filed should be produced to the top of the page. Each of these items will have a place reserved for its presentation. 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. (69) Licensed Fiduciary Number. Electronic Payment Authorization. Get form. Affidavit of Succession to Real Property. (30) County. 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. (60) Date Of Death. A.R.S. 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). Arizona Code of Judicial Administration (ACJA), Chapter 3. 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. Produce the full name and the current address and (if possible) phone number of the Debtor owing the defined amount for the debt reported.