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. 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. 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; $100,000 for real property. Hours and Locations; Online Services; Driver Services; . Contact our office to today to start the process for your small estate affidavit of succession. 4 " A b@6HJ%uJD}sQ?@"8g4GnM$. 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. 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. For more Probate Forms from the Arizona Office of the Courts follow the . 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. (5) Lawyers Bar Number. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. (88) Case Number. His knowledge of estate planning greatly contributed toward for our peace of mind. Aunt was AZ resident and died in AZ. Subpoena Packet Pinal County Pinalcountyaz 2011-2023 Form. Estate Planning (67) Contact Information Of Filer. Partly cloudy, with a low around 46. 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. Step 1 Download in Adobe PDF or Microsoft Word (.doc). (102) Formal Release From Those Named In Will. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. (43) Signature Of Petitioner Or Petitioners Attorney. Website Navigation The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed . List every debt owed to the Arizona Decedent where requested. We were also happy with our initial consultation: We've read some people charge for this if you don't hire them. If this is not the case, then do not select this statement. (31) Case Number. 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. The Arizona Decedent this document concerns must be named. A form used to simplify the probate process for small estates. For purposes of the affidavit, the county of filing is the county where the property is physically located. Listen. (37) Case Number. Library File Link: 40-5143. 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. If the Filer is an Attorney, then his or her bar number must be included with his or her information above. Employer Information Sheet. Packet 05 - Claims or Objections. If the decedent had a will, the assets are distributed according to the will. 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. Jeff Hall, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. The Arizona County where this issue is filed should be displayed at the top of the page. His approach and honesty sold us and we returned a few months later to update our own wills and trust creation. Getting Grandparent Visitation Rights-Part 2, simple uncontested probate, formal probate, and complex probate, Special Needs Child becoming an Adult Guardianship, Last Will, Living Will and Living Trust Packages. Get form. 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. 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. Get form. (99) Affidavit Release For Real Property. with personal property valued at less than $75,000 and real property under $100,000. A. We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. How Do You Transfer Real Estate Using a Small Estate Affidavit? Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 To this end, the Filer must select the Self or the Attorney checkbox. Arizona Code of Judicial Administration (ACJA), Chapter 3. Produce the mailing address and/or physical address of the Representative as requested. Pinaljury Az Gov 2005-2023 Form. The family would need to submit an affidavit to the court showing the assets and a copy of the will . INFORMATION ABOUT PERSON WHO DIED: For personal or real property, when you are claiming property using the affidavit of succession, you will need to list how you are entitled to the property. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Report the amount of money owed for the debt reported. This requires a formal written release from the Arizona Decedents Heirs to be attached to this document. 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. Arizona Residency Affidavit . (12) Relationship To Arizona Decedent. 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. Free Small Estate Affidavit Form Cochise County Arizona If you are a Fiduciary Agent then record your fiduciary number where requested. Information on the various Courts in Pinal County, Information on careers with the Pinal County Superior Court. As Staff Page Only Purpose: Residency affidavit to be eligible for an Arizona Travel-Compliant Driver License or Non-operating ID. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) A personal representative is also commonly referred to as an executor. (8) County. This institution is an equal opportunity provider. This paperwork can be filed by one of several types of Parties. (104) Signature Of Person Making Affidavit. 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 you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. 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. Checklist. 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. It is important to understand the process of transferring property through the small estate affidavit process. The Affiant making this petition must establish the right to succession so that he or she can control the Arizona Decedents estate (i.e. Pinal County, formed in February 1875, comprises 5,376 square miles. (16) Assigned Interest By Rightful Survivors. Consult the Arizona Decedents death certificate then document the noted place of his or her death. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills. Notice of the filing must be given to all known heirs. My wife and I recently moved here from NY State and was looking for an estate attorney to do our wills, poa and hcp. Instructions: Affidavit for Collection of Personal Property. Call us at 480-409-5174 or contact us online for a free consultation. Get form. (34) Petitioner Status. Law Enforcement Resources/AZ Crash Report/Training Resources . (107) Notary Public Action. | (94) No Surviving Spouse. 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. To qualify in Arizona, the estate in question must be valued below $75,000 for personal property and $100,000 for real property. If this is not a correction or update, then leave this checkbox unmarked. 3) Your childis discontinuing public school to attend a private school. If this is the case, we would identify all of those in the affidavit. The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. 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. Read More. Enjoy the small town, country lifestyle on your own private horse property. In this way, the Affiant can be defined as the Spouse, Child, Parent, Sibling, or Sole Heir to the Decedent. Produce all digits making up the Arizona Decedents social security number. I would highly recommend Jeff for all your estate planning needs. (15) Affiant Status. (41) 240 Guardianship-Conservator Combination. 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. %%EOF endstream endobj startxref APN. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. A.R.S. 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 . Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit (Personal Property). For Sale: 10 Acres S Owl Cove Rd, Marana, AZ 85658 $115,000 MLS# 22228628 Beautiful, saguaro studded 10 acres of vacant land, bordered by Federal land to the west. (60) Date Of Death. Free Small Estate Affidavit Form Pima County Arizona This issue may need to be handled by the Notary Public in attendance of the signing. 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"). By (33) Petitioner For Arizona Decedent Real Property. Thirty days must have passed since the date of death as certified in the death certificate. Electronic Payment Authorization. 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. Zoning summary. 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. Florence, AZ 85132. Seek instruction from this Party before executing this document. The state also allows for the transferring of real property for small estates by affidavit. 14-3971 (B), ARS. 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 of the property is determined by the full cash value of the property from the tax assessment rolls the year the person died. Set as Default Template We are certified by the Arizona Supreme Court. Box 769. This must be a complete list of all personal property owned by the Decedent and should not include real estate owned by the Arizona Decedent. A general personal representative excludes a special administrator. (25) Total Amount Owed. Preparing a Small Estate Affidavit in Arizona is a beneficial way to administer the estate of a deceased person without having to go through the long, drawn out process of probate court proceedings. (53) Name. (90) Status Of Entitled Spouse Of No-Will Decedent. The appropriate court may be a surrogates court, probate court or circuit court, whichever is responsible for probate matters where the person died in Arizona and the estate is located. In 2023, that is $12.92 million. Purpose: For obtaining title to the vehicle from a deceased vehicle owner's estate. (101) Release Of Property From Those Named In Will. Affidavit of Financial . Filling Out the Arizona Small Estate Affidavit Form.