All rights reserved. Statewide Paralegal is a complete case management legal document preparation service. 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. If a Minor or an Adult (Dependent/Incapacitated) Person is involved, responsible, at the center, or related to this petition, then select the appropriate checkbox from 220 Conservator. More than one of these statements may be selected if needed. Board of Supervisors. (45) Filers Attorney Information. File size / Pages: 70kb ; 1pg . You are the surviving spouse, and you want to . (98) Release From Greater Or Equal Right Heirs. The Individual submitting this document must self-identify at the beginning of this declaration. Confirm the case number assigned to the Decedents estate. (87) Named In Will. 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 an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. Excellent and timely serviceRobert. To do so, select the Updated checkbox. Transferring a Small Estate Without Probate. dementia) or an Adult that requires inpatient psychiatric treatment then select the appropriate code and definition from Section 230 Guardianship.. does licking a canker sore make it worse richard schwahn one tree hill 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. (12) Relationship To Arizona Decedent. Non-Probate Affidavit . If there are more than one Affiants, each must provide a notarized signature. 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. Welcome to Pinal County Court System. The top of the next page must display the case number for this matter. (58) Name. (101) Release Of Property From Those Named In Will. (85) Petitioning Surviving Minor/Dependent. Consult With a Local Probate Attorney. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. If you are an Attorney working on behalf of the Affiant through this filing, then your bar number must be furnished for proper identification. Information on the various Courts in Pinal County, Information on careers with the Pinal County Superior Court. 14-3971) FOR TRANSFER OF PROPERTY WHEN PERSON HAS DIED . (104) Signature Of Person Making Affidavit. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. As Staff Page Only The Petitioner behind this document must date the signature he or she has provided. (14) No Will Made. Get form. In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. 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 . If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. 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. Add all the amounts that are owed to the Arizona Precedent then dispense the sum at the end of this section. You have permission to use them for any lawful purpose.
Produce your full name at the top of this page to identify yourself as the Filer of this document. Dispense the entire name of the Arizona Decedent to Section 1. (105) Printed Name Of Person. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. If the entire value of the decedents equity real estate interest is less than $100,000, then the property may be transferred to the designated heir using the small estate affidavit process. Contact our office to today to start the process for your small estate affidavit of succession. Aunt was AZ resident and died in AZ. Produce the dollar sum of values entered for the Arizona Decedents listed personal property. 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. Court and Hearing room cases occurring today. Transcribe the Arizona Decedents formal calendar date of death to Section B. The affidavit must describe the property and what ownership interest the person who died had in the property. Free Small Estate Affidavit Form Gila County Arizona He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. %%EOF
For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process. 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. 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. The second step of the small estate affidavit filing process is to record the affidavit in the same county. The death certificate of the Arizona Decedent will have the official date of death. 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. 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. If a Licensed Fiduciary is involved, his or her complete license number is required. Electronic Payment Authorization. . This information is considered confidential and will only be privy to the Courts of Arizona and does not need to be dispensed to additional Parties. He was prompt and listened to our needs and made very good suggestions. However, the affidavit process has specific requirements . (107) Notary Public Action. 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. 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. . (78) Arizona Decedents Real Property. [ Do Not Sell My Personal Information ] [SiteMap]. 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. (96) Arizona Decedent Siblings. Get form. 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. However, successors are allowed to wait for a few years after the decedent passes. 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 . He gave us a thorough tutorial on our trust and answered all of our questions in an easy to understand way. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. Hear what is happening in Pinal County Court and Hearing Rooms. The Minnesota Small Estate Affidavit is a document that is used for transferring the personal property of a recently deceased individual to the rightful heirs, who are typically family members.It is used for going around the probate process, which can not only be a lengthy process (3-9 months); it can cost over five percent (5%) of the decedent's entire estate value. . What Happens if No One Applies for Probate? (46) Fidicuary Information. Select the checkbox corresponding to the Interpreter statement if anyone producing this document or receiving this document requires a formal interpretation of its content. Posted in After signing this document the Affiant should print his or her name. Free Small Estate Affidavit Form Navajo County Arizona By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. He provided excellent answers to the numerous questions I had, which made me comfortable that he had in-depth knowledge of Estate Planning. 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. 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. Additionally, the total assessed value of the estates real property cannot exceed $100,000 after the value of liens or encumbrances has been subtracted. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. It is important to note that filing for informal probate will typically be more costly than using the small estate affidavit process. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. (15) Affiant Status. Each topic that applies to this paperwork must be selected. 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. 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. (60) Date Of Death. It is very reassuring both to have the trust and to b Jeffrey P. Hall, PLLC is located in Chandler, AZ and serves clients in and around Chandler and Maricopa County. Seek instruction from this Party before executing this document. Instructions: Affidavit for Collection of Personal Property. (22) Description. (64) Printed Name. As Staff Page Only, Template: Transfer of Small Estate by Affidavit. (29) Arizona Notarization. The Arizona County where this issue is filed should be displayed at the top of the page. 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. This institution is an equal opportunity provider. arizona small estate affidavit pinal county. (20) Value. That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. He is very pleasant to work with and I highly recommend him to anyone needing help with estate planning. Produce the mailing address and/or physical address of the Representative as requested. (28) Signature Date. June 22, 2022; Posted by . Unlike . Form 08 - General Order to Personal Representative. 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. Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. In those cases, the mortgage will probably include a due-on-sale clause. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. (62) Arizona Decedent Social Security Number. Posted on Aug 8, 2016. Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. 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. How Long Do You Have to File Probate After Death? Russo Law Group, P.C. The Arizona Decedent this document concerns must be named. We can also help you with a simple uncontested probate, formal probate, and complex probate. (51) Update Status. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed . (63) Declaration. This requires a formal written release from the Arizona Decedents Heirs to be attached to this document. (79) Affiant(s)/Decedent Relationship. 2028 0 obj
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Approaching and working with a lawyer can be intimidating. The estate must be valued at less than $100,000 for Arizona to grant this affidavit - larger estates are required to go through probate . Search for Case AZ Statewide. small estate affidavit arizona. (41) 240 Guardianship-Conservator Combination. Free Small Estate Affidavit Form Mohave County Arizona If seeking personal property, it is not necessary to file the small estate affidavit with the court. If the value of the personal property or real property exceeds these amounts, probate is necessary. The real property must be valued below $100,000 and six months must have passed since the decedent's death. An Arizona Notary Public will be able to verify that he or she has attended and witnessed the Affiant signing of this petition. In addition, there can be no federal or state estate tax due. Small Estate Transfers. 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. 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 information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 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. Boards . (82) Decent Property Ownership. (18) Delivered Interests To Affiant. (19) Description. Using small estate affidavit to obtain balance in checking account from AZ . 14-3971. If the Arizona Decedent did have a will but the Affiant has obtained the right to claim the estate with a written release of interest from every Rightful Heir named then, select the final checkbox in Section 6. APN. The amount must be not more than $5000 owed. property that is both tangible and intangible). 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. Information for residents who have the privilege to serve on a Jury. Arrearage Calculation Request. We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. 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. If the Representative is not a Licensed Fiduciary then several additional pieces of information should be recorded. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. 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. 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. It is important to understand the process of transferring property through the small estate affidavit process. I am so thankful Jeff was recommended to me. 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. 2020 0 obj
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Select the final option if the Arizona Decedents Heirs (named in his or her will) have given up their rights to claim property left to them in the will to the Affiant. (31) Case Number. Free Small Estate Affidavit Form Pinal County Arizona Jeffrey P. Hall 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. 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. 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. If you are a Fiduciary Agent then record your fiduciary number where requested. 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. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. 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. Free Small Estate Affidavit Form Apache County Arizona You may use the forms and instructions in this packet if . A. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. 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. (92) Sole Heir Of No-Will Arizona Decedent. He asked all the right questions and provided the answers to our concerns. 2023 Pinal County Superintendent Office. Manually operated gated are. Our mission is to administer timely and efficent justice with respect and fairness to all. It must be notarized by an Arizona notary public. Search for cases using statewide search . To find where to file, use this, A.R.S. (86) Greatest Interest Surviving Minor/Dependents. (26) Signature Of Person Making Affidavit. (53) Name. If the Affiant(s) is named in the Arizona Decedents will then locate the fourth checkbox statement in Section 10 and select it. Electronic Payment Authorization. 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. What Happens at an Arizona Probate Court Hearing? A small estate affidavit allows you to speed up the process of delivering things that are owed to people. This process begins with a report of the current date. For more Probate Forms from the Arizona Office of the Courts follow the . If this is not the case, then do not select this statement. The petitioner must also verify that the net value of the decedents property (minus debts) qualifies for small-estate treatment. The affidavit MUST BE NOTARIZED - Notary service can be provided; call ahead to guarantee it's available. Phone: 520-509-3555 Toll-Free Phone: 888-431-1311. My wife and I highly recommend Jeffrey for these legal services. In Arizona, a personal representative is appointed by the court. 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. 2022 Electronic Forms LLC. There are specific requirements and processes to file this affidavit of succession for real property. Published (83) Number Of Entitled Petitioners. Child Support Calculator - Link to AZCourts Website. 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. After the Arizona Small Estate Affidavit has been filed, the normal court process for Small Estate Administration takes place, with the affiant receiving the courts permission to take over the estate, taking into consideration the provisions of the law with regards to creditors as well as court costs and other expenses. For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. Home facts updated by county records on Nov 26, 2022. Frequently Asked Questions about Arizona Probate Law, Schedule Your Free Probate Consultation Today. Website Navigation If the Representative has a mailing address that is separate from his or her physical address, then both must be recorded. 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. Download (pdf, 673 KB) 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. A checklist of topics with their appropriate State Codes has been supplied to review. In addition, Jeffrey is very personable. 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. | . Information on Collecting Personal Property. For civil, small claims, and . The state of Arizona uses the Small Estate Affidavit process to transfer assets from the deceased to their heirs without going through probate. 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. List every debt owed to the Arizona Decedent where requested. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. If the Arizona Decedent did not have a will in place then mark the checkbox corresponding to the statement The Person Who Died Had No Will This will require an additional description of the Affiant(s). Notice of the filing must be given to all known heirs. 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. In most cases, you can obtain a copy of the deed from the County Recorders Office where the property is located. (34) Petitioner Status. Call (480)467-4365 or fill out our contact form to schedule your consultation and discuss your best legal options. Zoning summary. You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 As a general rule, you do not need to file the Small Estate Affidavit with any court. Arizona-$100,000 (real property); $75,000 (personal property) . June 3, 2020 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. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. Jury Information . The small estate affidavit process may only be used in cases where probate is not required. 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. 307-12-033E. He avoids the use of legalize and explained every step of the process using terminology my wife and I could fully and completely understand. 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. Display: endstream
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Get form. Order to Conservator of Minor. The small estate affidavit process may only be used in cases where probate is not required. 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. There will be a different form for real estate. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. Write the Descendant's Personal Information. If the decedent had a will, the assets are distributed according to the will. 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. 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. I'd definitely recommend Jeff for his legal services. He was very responsive, professional and helpful. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. Give our Mesa probate lawyers a call today at 480-833-1113. Complete this area with the Representatives phone number at work as well as his or her email address. Resolution Statement 2013-2023 Form. If it is rejected, the estate must be settled by probate. 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. Attorney Advertising. Each of these items will have a place reserved for its presentation. (42) Todays Date. Or mailed to: Pinal County School Office. The surviving spouse must also state that there is no application or petition for the appointment of a personal representative, the personal representative has been discharged or it has been more than one year since a closing statement for the estate has been filed. Information for residents who have the privilege to serve on a Jury. All rights reserved. Enjoy the small town, country lifestyle on your own private horse property. 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. (33) Petitioner For Arizona Decedent Real Property. The procedure is typically carried out by the decedents surviving spouse and/or children but can be initiated by anyone claiming to be a legitimate heir at law, whether the decedent had a will or died intestate. (44) Filer Information. The same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. Probate Cover Sheet. (90) Status Of Entitled Spouse Of No-Will Decedent. Default Staff Template: Notebook_Blue