Other Probate Forms. In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. If seeking personal property, it is not necessary to file the small estate affidavit with the court. This requires a formal written release from the Arizona Decedents Heirs to be attached to this document. (9) Name Of Person Who Died. The value of the property is determined by the full cash value of the property from the tax assessment rolls the year the person died. For more Probate Forms from the Arizona Office of the Courts follow the . The Affiant petitioning for the real property of the Arizona Decedent must sign his or her name. Dave O. Jeff Hall did an excellent and timely job of providing my wife and I with a new living trust after we relocated to Arizona. Pinaljury Az Gov 2005-2023 Form. He prepared our Estate Plan documents on read more, My wife and I were in need of having a personal trust drawn up, so we selected Jeff's firm because his website advertised that this was one of his areas read more, Jeff Hall did an excellent and timely job of providing my wife and I with a new living trust after we relocated to Arizona. If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. Posted in Packet 03 - Administration of the Estate. When the legal documents were completed, he thoroughly reviewed each of the documents with us and provided us with a complete and detailed listing, including instructions, of the activities we needed to complete to transfer/assign our assets to the living trust. The death certificate can be obtained from the local health department for a nominal fee. Free Small Estate Affidavit Form Coconino County Arizona This issue may need to be handled by the Notary Public in attendance of the signing. We serve clients in the Phoenix metropolitan area. His knowledge of estate planning greatly contributed toward for our peace of mind. The person died without a will and you are the sole heir. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented.
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. | Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. The County where this paperwork is filed should be produced to the top of the page. If a Licensed Fiduciary is involved, his or her complete license number is required. In most cases, you can obtain a copy of the deed from the County Recorders Office where the property is located. 14-3971) FOR TRANSFER OF PROPERTY WHEN PERSON HAS DIED . Zoning summary. His approach and honesty sold us and we returned a few months later to update our own wills and trust creation. Free Small Estate Affidavit Form Santa Cruz County Arizona 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
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. In 2023, that is $12.92 million. Website Navigation Enjoy the small town, country lifestyle on your own private horse property. (22) Total Value. You are required to be guided by the order and comply with its provisions. There will be a few additional areas for this purpose. Recommendation re. Produce your full name at the top of this page to identify yourself as the Filer of this document. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. (19) Description. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. 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. If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed . Fill in the county where the deceased lived and passed away. Russo Law Group, P.C. Furnish your name to the declaration statement made. 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. 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. 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. Call our Probate team at (480) 467-4365 to discuss your case today. 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. Law Enforcement Resources/AZ Crash Report/Training Resources . If this checkbox is selected, produce the name of each Party who requires the Interpreters services. We were fortunate that we came across Jeff Hall. Subpoena Packet Pinal County Pinalcountyaz 2011-2023 Form. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. ARIZONA TAX CREDIT SCHOOL PARTNERSHIP APPLICATION - aztxcr. Unlike . 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. You have permission to use them for any lawful purpose. Small estate affidavit. The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. Hours and Locations; Online Services; Driver Services; . The death certificate of the Arizona Decedent will have the official date of death. How Do You Transfer Real Estate Using a Small Estate Affidavit? Martindale-Hubbell and martindale.com are registered trademarks; AV, BV, AV Preeminent and BV Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC, used under license. (73) Matter Of Estate. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. The time following the death of loved one or family member can be challenging. The family would need to submit an affidavit to the court showing the assets and a copy of the will . (63) Declaration. Medical Excuse from Arizona Superior Jury Form 2009-2023. This parcel borders Coronado National Forest and Arizona Trail is nearby. 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. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. . Each of these items will have a place reserved for its presentation. 2 Instructions: Affidavit Instead of Probate - Small Estate 1 3 "Probate Cover Sheet" 1 4 "Affidavit for Collection of Personal Property" 2 . 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. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. Select the first statement if the Decedent died in the same property being discussed then reproduce the name of this county or select the second statement to indicate the Arizona Decedent was living in a different County when he or she died then supply the city and state of this defining this second County. (44) Filer Information. The Arizona Decedent this document concerns must be named. 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. 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. The value is not determined by the fair market value of the home or property. (55) Mailing And Physical Address. (7) Filer Status. Or mailed to: Pinal County School Office. 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. Select the third checkbox if there is more than one Affiant and these Petitioners have the strongest claim on the Arizona Decedents real property because the Arizona Decedent had no Spouse and no other Dependent holds a greater right to the property than the Affiants behind this paperwork. Affidavit of Direct Child Support Payments. (34) Petitioner Status. Electronic Payment Authorization. If the Petitioner(s) named above will be represented by an Attorney when seeking the Arizona Decedents real property, then some additional information must be presented. Jeff is a great attorney and I would recommend him to anyone needing legal advice or 2/23 Electronic Payment Authorization. Get form. He asked all the right questions and provided the answers to our concerns. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. 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. According to the California Probate Code 13200, a small estate is considered $166,250. 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. His knowledge of estate planning greatly contributed toward for our peace of mind. XXXX N Hugget Trl S Unit B3; Partly cloudy, with a low around 46. 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. in the estate of the person who died (81) Legal Description. 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. 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. This website is designed for general information only. 2023 Pinal County Superintendent Office. Here are some of the most commonly asked questions about small estate affidavits, also known as Affidavit for Succession to Real Property, in the state of Arizona. (86) Greatest Interest Surviving Minor/Dependents. If the Affiant(s) is named in the Arizona Decedents will then locate the fourth checkbox statement in Section 10 and select it. This should be presented immediately upon signing as the current calendar date at the time. Arrearage Calculation Request. (40) 230 Guardianship. . Welcome to Pinal County Court System. 14-3971. A general personal representative excludes a special administrator. There is usually a waiting period of about 45 days before Small Estate proceedings in Arizona can be started, however, the court may waive the waiting period with good cause. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. 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. 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. They're used to simplify the probate process for estates valued at $50,000 or less. small estate affidavit arizona. Employer Information Sheet. Florence, AZ 85132. This selection should only be chosen if the Arizona Decedent did not have a will. If it is rejected, the estate must be settled by probate. 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. 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. The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. Jeffrey made the process very comfortable. 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. If the value of the personal property or real property exceeds these amounts, probate is necessary. Published At least six (6) monthsmust pass before the transfer of real property. 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. Using small estate affidavit to obtain balance in checking account from AZ . (69) Licensed Fiduciary Number. 14-3971 (Collection of Personal Property by Affidavit). The small estate affidavit process may only be used in cases where probate is not required. Weather forecast provided by weather.gov. Click Here or Call (855) 324-7891 to Connect With a Probate Lawyer serving Casa Grande, Arizona. 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. If the decedents personal property bank accounts, vehicles, other non-real estate property values less. Define how the Arizona Decedent owned the property (i.e. Pinal County, formed in February 1875, comprises 5,376 square miles. New India Assurance Renewal Copy Online. Website Navigation 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. . Family Court Forms. 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. In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. (87) Named In Will. Home Practice Areas Probate Small Estate Affidavits in Arizona. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. (30) County. More than one checkbox may be selected so long as it accurately defines a subject matter relevant to this petition. Free Small Estate Affidavit Form Maricopa County Arizona (75) Single Or Multiple Petitioners. (51) Update Status. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. (58) Name. We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. (104) Signature Of Person Making Affidavit. June 22, 2022; Posted by . It is important to understand the process of transferring property through the small estate affidavit process. If the entire value of the decedent's equity real estate . This process begins with a report of the current date. 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. 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. Frequently Asked Questions about Arizona Probate Law, Schedule Your Free Probate Consultation Today. 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. 2006 0 obj
<>
endobj
Click here for answers to Frequently Asked Questions. 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. %%EOF
The top of the next page must display the case number for this matter. A checklist of topics with their appropriate State Codes has been supplied to review. 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. Seek instruction from this Party before executing this document. 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. Jeffrey P. Hall However, the affidavit process has specific requirements . Set as Default Template 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. There are alternatives to probate that we, at Arizona Statewide Paralegal, can help you with when you have a family member who has passed away with a small estate. In addition, Jeffrey is very personable. 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. Packet 02 - Appointment of Personal Representative. 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. 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). . Get form. Superior Court of Arizona in Pinal County November 29, 2004 ALL . 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. 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. At least thirty (30) days must pass before the transfer of personal property. Search for cases using statewide search . 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. This institution is an equal opportunity provider. Transfer of Small Estate by Affidavit. 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. (99) Affidavit Release For Real Property. . Step 1 Download in Adobe PDF or Microsoft Word (.doc). Library File Link: 40-5143. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). . . I am so thankful Jeff was recommended to me. The real property must be valued below $100,000 and six months must have passed since the decedent's death. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger estates are required to go through probate court and the successors must wait at least 6 months before filing for the forms. It must be notarized by an Arizona notary public. The small estate affidavit process may only be used in cases where probate is not required. (10) Date Of Death. 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. (96) Arizona Decedent Siblings. (46) Fidicuary Information. The first step is to file the affidavit with the county probate court. Furnish the full name of the Arizona Decedent with the date that he or she passed away on (as reported on his or her death certificate). 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. Create a high quality document online now! Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. 1. arizona small estate affidavit pinal county. Nestled between Maricopa County (Phoenix) and Pima County (Tucson), Pinal County is home to over 439,128 residents. For your convenience, the Pinal County Justice Courts have made several forms available. English. (11) Place Of Death. 14-2401 through 14-2405. 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. Phone: 520-509-3555 Toll-Free Phone: 888-431-1311. (24) Name Of Who Owes The Debt. 14-3971. Section 8 will discuss all debts the Arizona Decedent was qualified to collect when he or she experienced death. Get form. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . Packet 01 - Appointment of Personal Representative Executor. Packet Pima County 2012-2023 Form. 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. Free Small Estate Affidavit Form Mohave County Arizona In many cases, the property in question will have an outstanding mortgage. In those cases, the mortgage will probably include a due-on-sale clause.