Instructions for Making Support Payments. 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. We were fortunate that we came across Jeff Hall. Frequently Asked Questions about Arizona Probate Law, Schedule Your Free Probate Consultation Today. . 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. 2006 0 obj <> endobj The Petitioner(s) or Petitioners Attorney must dispense a notarized signature to this document once it has been completed. Free Small Estate Affidavit Form Maricopa County Arizona A checklist of topics with their appropriate State Codes has been supplied to review. Packet 05 - Claims or Objections. (15) Affiant Status. (62) Arizona Decedent Social Security Number. Information for residents who have the privilege to serve on a Jury. (44) Filer Information. If the affidavit is accepted by the court, the property can be transferred to the designated heirs. We will discuss this further below. It must be notarized by an Arizona notary public. (53) Name. Seek instruction from this Party before executing this document. This issue may need to be handled by the Notary Public in attendance of the signing. The person died without a will and you are the sole heir. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. Great communicator, very knowledgeable and patient. The address, telephone number, and email address where the Filer of this affidavit can be contacted must be furnished with the Filers identity. Or mailed to: Pinal County School Office. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Small Estate Transfers. 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. Free Small Estate Affidavit Form La Paz County Arizona 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. Once the act of signing has been completed, the Affiants printed name must be submitted. Produce the full name and the current address and (if possible) phone number of the Debtor owing the defined amount for the debt reported. Unlike . A. The more you know about the process, the easier it will be transfer assets and avoid unnecessary expenses. 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. | 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 value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed . Website Navigation Print your name before executing your signature. If there are more than one Affiants, each must provide a notarized signature. (51) Update Status. Forms and certificates can be brought into our office Mon - Fri 8:00 am - 5:00 pm (closed federal holidays): You will need to contact the school district directly to see if they require any forms or documentation on their end when you withdraw your child from ANY district. Manually operated gated are. Zoning summary. 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). Small estate affidavits are filed with the Register of Wills. The total value of the estates personal property, including cash, bank accounts, stocks, bonds, jewelry and automobiles, cannot exceed $75,000. 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. Sign your name to declare the content of this paperwork is as accurate as possible. If the Representative has a mailing address that is separate from his or her physical address, then both must be recorded. The information presented at this site should not be construed to be legal advice. (88) Case Number. Pinal County Superior Court Services, to help you find, be informed and be prepared. According to the California Probate Code 13200, a small estate is considered $166,250. Small estate affidavit. 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 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. New India Assurance Renewal Copy Online. I do not know if we could have completed the process without this listing. How Does the Probate Process Start in Arizona? 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 your convenience, the Pinal County Justice Courts have made several forms available. Instructions: Affidavit for Collection of Personal Property. My wife and I felt very comfortable with Jeff. To find where to file, use this Court Locator. Complete this area with the Representatives phone number at work as well as his or her email address. Declare your relationship to the Arizona Decedent in Section 3. In addition to the requirements above, the individual signing the small estate affidavit of succession for real property must ensure that all funeral expenses, expenses of last illness and all unsecured debts of the person who died have been paid. ORIGINALS WILL BE MAILED BACK VIA CERTIFIED MAIL. 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. The petitioner must also verify that the net value of the decedents property (minus debts) qualifies for small-estate treatment. 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. Fill in the county where the deceased lived and passed away. I would highly recommend Jeff for all your estate planning needs. (37) Case Number. (86) Greatest Interest Surviving Minor/Dependents. He gave us a thorough tutorial on our trust and answered all of our questions in an easy to understand way. Thirty days must have passed since the date of death as certified in the death certificate. Packet Pima County 2012-2023 Form. Welcome to Pinal County Court System. File size / Pages: 46KB ; 1 pg. (8) County. Judd S. I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. (55) Mailing And Physical Address. You have permission to use them for any lawful purpose. (97) Affiant As Sole Heir. The small estate affidavit process may only be used in cases where probate is not required. (22) Description. Southeast wind 6 to 13 mph becoming west in the afternoon. If a Licensed Fiduciary is involved, his or her complete license number is required. This testimony will be provided through the notarization process he or she will complete to the area directly below the Affiants signature. It is important to understand the process of transferring property through the small estate affidavit process. If this checkbox is selected, produce the name of each Party who requires the Interpreters services. 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. 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. Define The Relationship To The Arizona Decedent. Select the appropriate statements check box to indicate that the Arizona Decedent passed away without a Spouse who owned the real property communally. Report the amount of money owed for the debt reported. 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. Using small estate affidavit to obtain balance in checking account from AZ . Information for residents who have the privilege to serve on a Jury. If however, an Attorney will represent the Petitioner(s) in gaining the Arizona Decedents real property, then leave this checkbox unmarked. 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. 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 calendar date when the Affiant supplies his or her signature must be documented as soon as this document is signed. (78) Arizona Decedents Real Property. 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. The Small Estate Administration process in Arizona is started when the affiant makes the application at the appropriate local court in Arizona where the decedent passed. arizona small estate affidavit pinal county. The case number assigned to the Arizona Decedents estate should be produced. 0 JUVENILE ONLY: Annual Report of Guardian for a Minor w/Physicians Annual Report. It is important to understand the process of transferring property through the small estate affidavit process. Understanding the asset transfer process is important for Arizona residents and their loved ones. I would highly recommend Jeff for all your estate planning needs. 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. Court and Hearing room cases occurring today. Form 08 - General Order to Personal Representative. Sunny, with a high near 66. Hear what is happening in Pinal County Court and Hearing Rooms. 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. The federal estate and gift tax exemption increased from $5,000,000 in 2017 to $10,000,000 in 2018, indexed to inflation. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. (102) Formal Release From Those Named In Will. If this is the case, we would identify all of those in the affidavit. The death certificate of the Arizona Decedent will have the official date of death. arizona small estate affidavit pinal county. 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. Free Small Estate Affidavit Form Graham County Arizona The Arizona Decedent this document concerns must be named. Nestled between Maricopa County (Phoenix) and Pima County (Tucson), Pinal County is home to over 439,128 residents. A.R.S. 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. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Transfer of Small Estate by Affidavit Popular. List every debt owed to the Arizona Decedent where requested. Free Small Estate Affidavit Form Santa Cruz County Arizona 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. Friday, June 10, 2022posted by 6:53 AM . Coconino County 219 East Cherry Avenue Flagstaff, AZ 86001 Phone: 928-679-7120 Toll Free: 877-679-7120 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. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. 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. He is very pleasant to work read more, I have been in the criminal justice arena for 41 years and was long overdue to have a will and trust made. In addition, there can be no federal or state estate tax due. Furnish your name to the declaration statement made. Law Enforcement Resources/AZ Crash Report/Training Resources . If the decedent had a will, the assets are distributed according to the will. For civil, small claims, and . In that case, the surviving relative who assumes the home will be required to continue paying the mortgage. What Happens if No One Applies for Probate? 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. 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. 2022 Electronic Forms LLC. This paperwork can be filed by one of several types of Parties. . 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. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets. While the price of handling an estate will vary, you can expect to spend at least $1000 on an a small estate affidavit, plus any additional expenses. Under Arizona law the motor vehicle division . 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. The death certificate can be obtained from the local health department for a nominal fee. In Arizona the small estate affidavit for collection of personal property does not need to be filed with the court, but it must be notarized. Departments. The products we received back were far more thorough than I was expecting and included options to make any changes or handling in the future very easy. Maricopa County provides small estate affidavit forms; check with your county to find out how you can obtain the right forms. June 22, 2022; Posted by . This selection should only be chosen if the Arizona Decedent did not have a will. The affidavit must describe the property and what ownership interest the person who died had in the property. Listen. You are the surviving spouse, and you want to . Get form. Each topic that applies to this paperwork must be selected. Website Navigation If the Petitioner is not represented by an Attorney, then select the appropriate checkbox to present this fact. (5) Lawyers Bar Number. You can mail it, email it to nobrien@pinalcso.org, or bring it by our office. If the Filer is an Attorney, then his or her bar number must be included with his or her information above. 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 this is not a correction or update, then leave this checkbox unmarked. (41) 240 Guardianship-Conservator Combination. However, successors are allowed to wait for a few years after the decedent passes. To do so, select the Updated checkbox. . 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. 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. 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 . (32) Wards, Decedents, Trusts, Or Individuals. Child Support Calculator - Link to AZCourts Website. Board of Supervisors. Child Support Order. The top of the next page must display the case number for this matter. Estate Planning 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. . Subpoena Packet Pinal County Pinalcountyaz 2011-2023 Form. (7) Filer Status. Fill out and print a free Arizona Small Estate Affidavit form in just minutes online. Purpose: For obtaining title to the vehicle from a deceased vehicle owner's estate. Jeffrey P. Hall, PLLC Law office locations: Understanding Arizonas Small-Estate Affidavit Procedure. (1) Person Filing. 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. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. Checklist. (46) Fidicuary Information. Download (pdf, 673 KB) 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. Employer Information Sheet. Spoiler alert: very few people now have to pay these taxes. Hours and Locations; Online Services; Driver Services; . At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000, on being presented an affidavit made by or on . 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. small estate affidavit arizona. (9) Name Of Person Who Died. (34) Petitioner Status. Arizona-$100,000 (real property); $75,000 (personal property) . We can also help you with a simple uncontested probate, formal probate, and complex probate. Write the Descendant's Personal Information. Arizona Statewide Paralegal offers a number of legal document preparation services that can help you during this time. Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. Form Number: 10695. . . We very much appreciate the legal services provided by Jeffrey. Other Forms You May Need. Black Living Room End Tables. Free Small Estate Affidavit Form Coconino County Arizona 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. 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. 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 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. . In Arizona, the Small Estate Affidavit may be filed if a decedent's real property has been valued at . Transcribe the Arizona Decedents formal calendar date of death to Section B. Our mission is to administer timely and efficent justice with respect and fairness to all. The monetary worth of each piece of the Arizona Decedents property listed in the previous area must be assessed then recorded. 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. He created read more, My wife and I met with Jeff regarding some probate issues, nothing difficult, but foreign to us. Arrearage Calculation Request. did he or she hold a deed of ownership and if so, what kind of deed) as well as whether he or she was partial owner of the real property or only had a claim to real property. Each of these items will have a place reserved for its presentation. Collection of personal property affidavit. (13) Named In The Will. Filing the small estate affidavit involves a two-step process. (33) Petitioner For Arizona Decedent Real Property. By He asked all the right questions and provided the answers to our concerns. Create a high quality document online now! Arizona Code of Judicial Administration (ACJA), Chapter 3. Probate is a legal process that goes through the local courts in the county where the deceased person lived. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. (70) Filer Status. The Arizona County where this issue is filed should be displayed at the top of the page. endstream endobj startxref Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. To find where to file, use this, A.R.S. Partly cloudy, with a low around 46. Probate - Small Estate Transfers - Packet # 92 Personal Property - not to exceed $75,000. 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. 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. (68) Lawyers Bar Number. 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. We serve clients in the Phoenix metropolitan area. Probate Cover Sheet. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. hU4YcC"zbU+N)S3aIe0Q =4 You'll also find links to: The Affiant petitioning for the real property of the Arizona Decedent must sign his or her name. You are required to be guided by the order and comply with its provisions. 307-12-033E. (6) Licensed Fiduciary Number. (82) Decent Property Ownership. Produce all digits making up the Arizona Decedents social security number. 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 seeking personal property, it is not necessary to file the small estate affidavit with the court. property that is both tangible and intangible). If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. The small estate affidavit process may only be used in cases where probate is not required. The County where this paperwork is filed should be produced to the top of the page. Home Practice Areas Probate Small Estate Affidavits in Arizona. u.vgH}{? Electronic Payment Authorization. Free Small Estate Affidavit Form Greenlee County Arizona The affidavit MUST BE NOTARIZED - Notary service can be provided; call ahead to guarantee it's available. (83) Number Of Entitled Petitioners. 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. Preparing the small estate affidavit of succession for real or personal property is just one the services we offer. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior 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). For estates that qualify, a small estate affidavit is an option whether or not the decedent had a will. Recommendation re. 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. Arrearage Calculation Request. 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. (98) Release From Greater Or Equal Right Heirs. He created our Durable Power of Attorney, our Durable Health Care Power of Attorney, Our Living Will and our Last Will and Testament. (16) Assigned Interest By Rightful Survivors. %PDF-1.7 % 14-2401 through 14-2405. Probating an estate in Arizona is far less complicated and expensive than in many other states. (81) Legal Description. (39) 220 Conservator. After signing this document the Affiant should print his or her name. 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. To this end, the Filer must select the Self or the Attorney checkbox. 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. A personal representative is also commonly referred to as an executor. homes for sale in fishersville, va; 22 . dementia) or an Adult that requires inpatient psychiatric treatment then select the appropriate code and definition from Section 230 Guardianship.. 3) Your childis discontinuing public school to attend a private school. 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 . 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. One of the biggest disadvantages of using the Affidavit of Succession to Real Property is that the beneficiary is required to wait six months after the death of the prior owner before making the filing.