Filling Out the Arizona Small Estate Affidavit Form. The calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. Our mission is to administer timely and efficent justice with respect and fairness to all. (5) Lawyers Bar Number. Produce the dollar sum of values entered for the Arizona Decedents listed personal property. 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. It is important to understand the process of transferring property through the small estate affidavit process. We are certified by the Arizona Supreme Court. (24) Name Of Who Owes The Debt. (70) Filer Status. 2023 Pinal County Superintendent Office. After signing this document the Affiant should print his or her name. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. property that is both tangible and intangible). 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. Notice this statement contains two checkboxes within it. 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. 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. Mesa40 N Center St Suite 200Mesa, AZ 85201, Scottsdale5635 N. Scottsdale Rd, Ste. 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. Free Small Estate Affidavit Form Maricopa County Arizona 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 more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. He gave us a thorough tutorial on our trust and answered all of our questions in an easy to understand way. . If the entire value of the decedent's equity real estate . (101) Release Of Property From Those Named In Will. 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. (67) Contact Information Of Filer. Arizona statutes provide for a simplified affidavit process for small estates with real property or personal property valued below specific amounts. New India Assurance Renewal Copy Online. This parcel borders Coronado National Forest and Arizona Trail is nearby. Unlike . INFORMATION ABOUT PERSON WHO DIED: If the Filer is an Attorney, then the name of the Affiant must be presented. 3) Your childis discontinuing public school to attend a private school. He asked all the right questions and provided the answers to our concerns. Affidavit of Succession to Real Property. P.O. %%EOF Library File Link: 32-6901. The small estate affidavit process may only be used in cases where probate is not required. Change of Address in a Non-Criminal Case. The time following the death of loved one or family member can be challenging. The death certificate can be obtained from the local health department for a nominal fee. The person carrying out the small-estate affidavit procedure, known as the petitioner, begins by verifying if they are statutorily entitled to personal and/or real property from the decedent. 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. Other products and services may be trademarks or registered trademarks of their respective companies. English. Free Small Estate Affidavit Form Greenlee County Arizona Packet Pima County 2012-2023 Form. The small estate affidavit process may only be used in cases where probate is not required. 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. (92) Sole Heir Of No-Will Arizona Decedent. His approach and honesty sold us and we returned a few months later to update our own wills and trust creation. In cases like this, probate may be better than the small estate affidavit process, since it can make refinancing the mortgage easier. 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. 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. Print your name before executing your signature. (2) Address. You are required to be guided by the order and comply with its provisions. We very much appreciate the legal services provided by Jeffrey. Arizona-$100,000 (real property); $75,000 (personal property) . Departments that will help you traverse the court system. [ Do Not Sell My Personal Information ] [SiteMap]. 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. My wife and I highly recommend Jeffrey for these legal services. The affidavit MUST BE NOTARIZED - Notary service can be provided; call ahead to guarantee it's available. Great communicator, very knowledgeable and patient. 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. All rights reserved. In addition, there can be no federal or state estate tax due. There are specific requirements and processes to file this affidavit of succession for real property. Boards . Form Number: 10695. . (21) Location, Or Who Has Property Now. Nestled between Maricopa County (Phoenix) and Pima County (Tucson), Pinal County is home to over 439,128 residents. Packet 03 - Administration of the Estate. I do not know if we could have completed the process without this listing. 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. If a loved one in Arizona did not create a will before they died, use these forms to help make the familys transition smoother. (51) Update Status. We can also help you with a simple uncontested probate, formal probate, and complex probate. How Long Do You Have to File Probate After Death? We highly Jeff was exceptional and provided us tremendous legal advice and guidance for our families estate planning needs. Thirty days must have passed since the date of death as certified in the death certificate. (17) Rightful Survivors Sign Over Rights In Will. Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. (82) Decent Property Ownership. 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. Beneficiaries will need to weigh the inconvenience of waiting the six months against the added expense of the informal probate petition. (45) Filers Attorney Information. If there are, the name and address of each creditor, specifying the amount owed to each one, A list of everyone holding property due to the estate, with the particular property stated, as well as the name and address of the individual, A list of everyone entitled to receive property from the estate, stating their name, age, address and relationship with the deceased person, That notice will be given to other successors and creditors notifying them of the affiants intention to lay claim to the estate, That the affiant understands under penalty of perjury that the Small Estate Affidavit Arizona form is not false or misleading, There are minor or disabled beneficiaries, There are creditors or funeral expenses yet to be settled, The will might be contested, ambiguous or of questionable validity, Probate proceedings have already been initiated. Russo Law Group, P.C. Report the amount of money owed for the debt reported. 2) Your child is discontinuing homeschooling or private schooling and returning to a public school. (53) Name. Information for residents who have the privilege to serve on a Jury. A checklist of topics with their appropriate State Codes has been supplied to review. (90) Status Of Entitled Spouse Of No-Will Decedent. The value is not determined by the fair market value of the home or property. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. 14-3971. He created read more, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. 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. Title. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. Produce the full name of the Decedents Personal Representative or Special Administrator. 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 procedure is typically carried out by the decedent's surviving spouse and/or children but can be initiated by anyone claiming to be a legitimate heir at law . Attorney Advertising. In addition, Jeffrey is very personable. 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. Probate is a legal process that goes through the local courts in the county where the deceased person lived. Or alternatively, if the person was not living in that county or in Arizona, but owned real property there, you can file an affidavit of succession in the county where the property is located. (81) Legal Description. It must be notarized by an Arizona notary public. This clause may not apply if the surviving relative continues to live in the home. 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. This selection should only be chosen if the Arizona Decedent did not have a will. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. If the Affiant is the Arizona Decedents Parent and the only Survivor to the Decedent, then mark the checkbox corresponding to the fourth statement. (56) Contact Information. (83) Number Of Entitled Petitioners. Jeffrey P. Hall If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. Free Small Estate Affidavit Form Pinal County Arizona He was very professional, meticulous in how the trust was written, made several recommendations, but there was no pressure.We would highly recommend his services.John Lee. Excellent and timely serviceRobert. Select the checkbox corresponding to the Interpreter statement if anyone producing this document or receiving this document requires a formal interpretation of its content. Order to Conservator of Minor. (12) Relationship To Arizona Decedent. You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. 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. The limits are based on the total dollar value of a decedent's assets. Produce the physical location of the Decedents personal property. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. 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. 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. If this is not the case, then do not select this statement. (40) 230 Guardianship. Family Court Forms. (42) Todays Date. (15) Affiant Status. arizona small estate affidavit pinal county. Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. A. Fill in the county where the deceased lived and passed away. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 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). We were fortunate that we came across Jeff Hall. Free Small Estate Affidavit Form Yavapai County Arizona 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. If this is not a correction or update, then leave this checkbox unmarked. Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. 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. We contacted Jeff to draft a Will and also to solicit advice concerning estate planning. Contract Attorney Tampa Fl (37) Case Number. In this case, it is known as a small estate. New Listings in 85623. 0 (68) Lawyers Bar Number. As Staff Page Only, Template: Form 08 - General Order to Personal Representative. Affidavits can be filed ANY TIME OF YEAR. (26) Signature Of Person Making Affidavit. 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). In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. (14) No Will Made. Select the first if only one Affiant is filing this document or the second if there are more than one Affiants. 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. The assessed value of the real property (land and permanent structures on the land) in the decedent's estate located in Arizona, less liens and encumbrances as of the date of the decedent's death, does not exceed $100,000, and at least 6 months have passed since the death of the decedent, and/or. For purposes of the affidavit, the county of filing is the county where the property is physically located. Produce all digits making up the Arizona Decedents social security number. If the Affiant(s) is named in the Arizona Decedents will then locate the fourth checkbox statement in Section 10 and select it. 27/9 1 That is because the proceeds of the home sale may be needed to settle the expenses of the estate. (58) Name. Website Navigation (31) Case Number. (94) No Surviving Spouse. If it is rejected, the estate must be settled by probate. Get form. 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. | 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 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. My husband Steve and I relocated to Arizona from another U.S. state so we wanted to update all of our estate planning documents. ARIZONA TAX CREDIT SCHOOL PARTNERSHIP APPLICATION - aztxcr. For your convenience, the Pinal County Justice Courts have made several forms available. 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. Pinal County, formed in February 1875, comprises 5,376 square miles. 14-3971) FOR TRANSFER OF PROPERTY WHEN PERSON HAS DIED . 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. If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. His knowledge of estate planning greatly contributed toward for our peace of mind. Free Small Estate Affidavit Form Cochise County Arizona (29) Arizona Notarization. Arizona Small Estate Affidavit 2011-2023 Form. My comments are of a general nature and should not be considered legal advice for your particular situation or issue. arizona small estate affidavit pinal county. Published Write the Descendant's Personal Information. Step 2 Fill-in the following blanks respectively: Step 3Sign the document and make sure to do so in front of a notary public. To find where to file, use this, A.R.S. Arizona Small Business Income Tax Highlights; Affidavit for Collection of Personal Property . Listen. File size / Pages: 46KB ; 1 pg. Display: Once the act of signing has been completed, the Affiants printed name must be submitted. Pinal County. The second step of the small estate affidavit filing process is to record the affidavit in the same county. 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. Call us at 480-409-5174 or contact us online for a free consultation. Court and Hearing room cases occurring today. If this checkbox is selected, produce the name of each Party who requires the Interpreters services. The information presented at this site should not be construed to be legal advice. If the person who died has a partial interest in a property, perhaps as a co-owner, then you would determine value based on what percentage was owned by the person who died. (79) Affiant(s)/Decedent Relationship. Estate Planning 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. Departments. Additionally, the total assessed value of the estates real property cannot exceed $100,000 after the value of liens or encumbrances has been subtracted. 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. 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. He was very professional and timely in providing these services. personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) (36) Interpreter. An Arizona Notary Public will be able to verify that he or she has attended and witnessed the Affiant signing of this petition. 14-3971 (Collection of Personal Property by Affidavit). Contact our office to today to start the process for your small estate affidavit of succession. (76) Deceased. 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. A Small Estate Affidavit for Arizona should not be filed when: An Arizona Small Estate Affidavit must be notarized. Black Living Room End Tables. This should be presented immediately upon signing as the current calendar date at the time. Help. His knowledge of estate planning greatly contributed toward for our peace of mind. Jeffrey made the process very comfortable. The death certificate of the Arizona Decedent will have the official date of death. with personal property valued at less than $75,000 and real property under $100,000. 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. 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. 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. 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. Electronic Payment Authorization. Subscribe for Updates; Site Map. (62) Arizona Decedent Social Security Number. 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. 1. The acknowledgment introducing the sections will require that the Affiant be defined as a single Party by marking the first checkbox or as multiple (Signature) Parties by selecting the second checkbox. Weather forecast provided by weather.gov. (106) Date. hU4YcC"zbU+N)S3aIe0Q =4 Pinal County 31 N Pinal Street Florence, AZ 85132. You may use the forms and instructions in this packet if . Packet 04 - Closing the Estate. If the Representative has a mailing address that is separate from his or her physical address, then both must be recorded. Posted on Aug 8, 2016. Begin Section 10 by selecting the first or second checkbox from the Reason statement. He provided excellent answers to the numerous questions I had, which made me comfortable that he had in-depth knowledge of Estate Planning. 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. 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. 1. 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. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. Visit the appropriate court office. Search for cases using statewide search . He was very responsive, professional and helpful. Select the first statement from the list of options provided If the Arizona Decedent did not have a will and the Affiant is his or her Spouse. The federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. 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. Arizona Affidavit of Heirship (Real Estate), Arizona Small Estate Affidavit | Affidavit of Heirship, Arizona Small Estate Affidavit (Personal Property). He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. What Happens if No One Applies for Probate? . Free Small Estate Affidavit Form Graham County Arizona (66) Person Filing. File size / Pages: 70kb ; 1pg . Default Staff Template: Notebook_Blue Current Employer Information. Medical Excuse from Arizona Superior Jury Form 2009-2023. 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. Packet 02 - Appointment of Personal Representative. 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. According to the California Probate Code 13200, a small estate is considered $166,250. 2028 0 obj <>stream 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. 1. A.R.S. If this document involves the Guardianship of a Minor or Adult who is incapacitated with an advanced condition (i.e. Spoiler alert: very few people now have to pay these taxes. The signers must also state that no other people besides those signing have a right to the property. 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.