Our Services . In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. (29) Arizona Notarization. (44) Filer Information. The Affiant petitioning for the real property of the Arizona Decedent must sign his or her name. 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. 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. 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. (37) Case Number. | 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. The court may be a surrogate's court, probate court or . Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. If the entire value of the decedent's equity real estate . APN. . For your convenience, the Pinal County Justice Courts have made several forms available. If a loved one in Arizona did not create a will before they died, use these forms to help make the familys transition smoother. | If the decedent had a will, the assets are distributed according to the will. 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 . Write the Descendant's Personal Information. Arrearage Calculation Request. My wife and I felt very comfortable with Jeff. Transfer of Small Estate by Affidavit Popular. 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. Free Small Estate Affidavit Form Pinal County Arizona The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. Florence, AZ 85132. A.R.S. (10) Date Of Death. Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. Board of Supervisors. (12) Relationship To Arizona Decedent. (11) Place Of Death. The case number assigned to the Arizona Decedents estate should be produced. 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. (2) Address. Responses to your questions do not . Complete this area with the Representatives phone number at work as well as his or her email address. To find where to file, use this Court Locator. Search for cases using statewide search . 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. 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. We will discuss this further below. I am so thankful Jeff was recommended to me. It must be notarized by an Arizona notary public. (24) Name Of Who Owes The Debt. At least six (6) monthsmust pass before the transfer of 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. For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. Packet 02 - Appointment of Personal Representative. Contact our office to today to start the process for your small estate affidavit of succession. Small Estate Laws: In Arizona, successors may avoid probate court by filing a small estate affidavit if the estate values less than $75,000 for tangible personal property; $100,000 for real property. You have permission to use them for any lawful purpose. Define how the Arizona Decedent owned the property (i.e. The value of all of the. Attorney Advertising. If an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. I do not know if we could have completed the process without this listing. 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. For more Probate Forms from the Arizona Office of the Courts follow the . Call us at 480-409-5174 or contact us online for a free consultation. Arizona Department of Transportation. Hours and Locations; Online Services; Driver Services; . (69) Licensed Fiduciary Number. Filling Out the Arizona Small Estate Affidavit Form. 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. Set as Default Template (63) Declaration. If this is the case and such paperwork has been obtained then select the second to last statement made in Section 6 and attach the signed and notarized statements (affidavits) of the Rightful Heirs. (83) Number Of Entitled Petitioners. (28) Signature Date. Preparing the small estate affidavit of succession for real or personal property is just one the services we offer. (87) Named In Will. The amount must be not more than $5000 owed. The petitioner must also verify that the net value of the decedents property (minus debts) qualifies for small-estate treatment. New India Assurance Renewal Copy Online. This issue may need to be handled by the Notary Public in attendance of the signing. (68) Lawyers Bar Number. (86) Greatest Interest Surviving Minor/Dependents. This institution is an equal opportunity provider. Website Navigation 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. (38) 200 Estate. If the affidavit is accepted by the court, the property can be transferred to the designated heirs. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. 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. In most cases, you can obtain a copy of the deed from the County Recorders Office where the property is located. (107) Notary Public Action. SMALL ESTATE AFFIDAVIT(S) FOR TRANSFER (A.R.S. How Do You Transfer Real Estate Using a Small Estate Affidavit? (82) Decent Property Ownership. 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. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. Get form. Copyright 2023 MH Sub I, LLC. Packet 03 - Administration of the Estate. Produce the full name of the Decedents Personal Representative or Special Administrator. If this petition will concern a Guardianship-Conservator combination where at least one Party involved can be considered a Minor or severely debilitated Adult who requires representation then locate and use Section 240s choices to establish this fact. 1) Your child isdiscontinuing public school to homeschool. Purpose: Residency affidavit to be eligible for an Arizona Travel-Compliant Driver License or Non-operating ID. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. Instructions for Making Support Payments. Using small estate affidavit to obtain balance in checking account from AZ . Resolution Statement 2013-2023 Form. In this case, it is known as a small estate. Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 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. Pinal County, formed in February 1875, comprises 5,376 square miles. hbbd``bu@)H ,De "l@(KD( w@H (106) Date. 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. 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. Start Here. 2022 Electronic Forms LLC. 14-3971. My husband Steve and I relocated to Arizona from another U.S. state so we wanted to update all of our estate planning documents. 14-3971) FOR TRANSFER OF PROPERTY WHEN PERSON HAS DIED . I'd definitely recommend Jeff for his legal services. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. (35) Lawyer Information. As Staff Page Only, Template: In order to use the small estate affidavit of succession for real property, you must wait 6 months after the person has died. How Does the Probate Process Start in Arizona? (36) Interpreter. Published on 22 October 2020 Modified on 22 September 2022 By Maria Beltran Tagged in Estate, Probate 3320 downloads. 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. Electronic Child Support Submission | See ExpertPay or call - 1 (800) 403-0879. Declare your relationship to the Arizona Decedent in Section 3. To do so, select the Updated checkbox. 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. 1. 2023 Pinal County Superintendent Office. 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. In many cases, the property in question will have an outstanding mortgage. How to Become Executor of Estate After Death. Form 08 - General Order to Personal Representative. 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). He was prompt and listened to our needs and made very good suggestions. 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. 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. 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. If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. For purposes of the affidavit, the county of filing is the county where the property is physically located. Free Small Estate Affidavit Form Santa Cruz County Arizona If the Affiant is not the Sole Heir and the Decedent has not made a will but all other Heirs have released their interest in the Arizona Decedents real property through a written (and attached) statement then the eighth major statement definition must be selected. Home facts updated by county records on Nov 26, 2022. The full name of every Party involved with this matter, whether it is a rightful Heir, Survivor, Ward (of the Decedent), Minor, Dependent, or Trust should be documented. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. XXXX N Hugget Trl S Unit B3; 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. Free Small Estate Affidavit Form Coconino County Arizona Small estate affidavit. Notice this statement contains two checkboxes within it. 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. 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. The first step is to file the affidavit with the county probate court. How to fill out a Small Estate Affidavit Arizona form. All rights reserved. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. 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. 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. (15) Affiant Status. An Arizona Small Estate Affidavit must be notarized. 0 Call our Probate team at (480) 467-4365 to discuss your case today. As a general rule, you do not need to file the Small Estate Affidavit with any court. 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. Checklist. Free Small Estate Affidavit Form Pima County Arizona 100 Quentin Roosevelt Blvd., Suite 102 Garden City, NY 11530 800-680-1717 (54) Licensing Status. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. (39) 220 Conservator. 27/9 1 Pinal County Superior Court Services, to help you find, be informed and be prepared. Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. We were also happy with our initial consultation: We've read some people charge for this if you don't hire them. Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). Consult With a Local Probate Attorney. The family would need to submit an affidavit to the court showing the assets and a copy of the will . 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. | It is possible that there are multiple ways that you are entitled to the property. (31) Case Number. 14-3971 (B), ARS. Family Court Forms. Maricopa County provides small estate affidavit forms; check with your county to find out how you can obtain the right forms. 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. The federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. To qualify in Arizona, the estate in question must be valued below $75,000 for personal property and $100,000 for real property. The information presented at this site should not be construed to be legal advice. 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. 1. 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). In those cases, the mortgage will probably include a due-on-sale clause. In 2023, that is $12.92 million. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. 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. (93) Greater Or Equal Right Relinquishment. 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. This requires a formal written release from the Arizona Decedents Heirs to be attached to this document. Step 1 Download in Adobe PDF or Microsoft Word (.doc). 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. (88) Case Number. Non-Probate Affidavit . If this is the case, we would identify all of those in the affidavit. Other products and services may be trademarks or registered trademarks of their respective companies. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. 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. This paperwork can be filed by one of several types of Parties. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. Each topic that applies to this paperwork must be selected. Child Support Calculator - Link to AZCourts Website. 3) Your childis discontinuing public school to attend a private school. 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). Instructions: Affidavit for Collection of Personal Property. In Arizona, the Small Estate Affidavit may be filed if a decedent's real property has been valued at . Pinaljury Az Gov 2005-2023 Form. (96) Arizona Decedent Siblings. Free Small Estate Affidavit Form Apache County Arizona (91) Children Of No Will Arizona Decedent. Free Small Estate Affidavit Form Yavapai County Arizona 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. Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). 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). He was so efficient and covered all my personal concerns. 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. He provided excellent answers to the numerous questions I had, which made me comfortable that he had in-depth knowledge of Estate Planning. (53) Name. A. Recommendation re. Free Small Estate Affidavit Form Cochise County Arizona Produce all digits making up the Arizona Decedents social security number. 1. 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). Get form. (64) Printed Name. 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. Confirm the case number assigned to the Decedents estate. 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. The first should be selected if only one Affiant is completing this paperwork while the second checkbox (We Are) should be selected if more than one Affiant is involved. INFORMATION ABOUT PERSON WHO DIED: (78) Arizona Decedents Real Property. Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. 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. Form Number: 10695. . Select the ninth definition if there is more than one Affiant behind this document, none of the Affiants are sole Heirs, and every other Heir has provided an affidavit releasing their interests to the Affiants behind this paperwork. Help. Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. 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. 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. 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. Box 769. Arizona statutes provide for a simplified affidavit process for small estates with real property or personal property valued below specific amounts. (18) Delivered Interests To Affiant. (9) Name Of Person Who Died. Updated February 21, 2023. Report the amount of money owed for the debt reported. Statewide Paralegal is a complete case management legal document preparation service. The limits are based on the total dollar value of a decedent's assets. Print your name before executing your signature. Excellent and timely serviceRobert. 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. 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. (55) Mailing And Physical Address. The real property must be valued below $100,000 and six months must have passed since the decedent's death. Under Arizona law the motor vehicle division . This parcel borders Coronado National Forest and Arizona Trail is nearby. Small Estate Transfers. JUVENILE ONLY: Annual Report of Guardian for a Minor w/Physicians Annual Report. Library File Link: 32-6901. 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. The affidavit must describe the property and what ownership interest the person who died had in the property. Unlike . (105) Printed Name Of Person. (85) Petitioning Surviving Minor/Dependent.