What is small estate affidavit arizona?

A small estate affidavit in Arizona is a legal document that is used to transfer the assets of a deceased person to their heirs without the need for probate court proceedings. It is typically used when the estate is worth less than a certain dollar amount, which varies by state. This affidavit allows for a simplified and efficient process of transferring property to the rightful beneficiaries.

What are the types of small estate affidavit arizona?

In Arizona, there are two types of small estate affidavits: the personal property affidavit and the real property affidavit. The personal property affidavit is used when the value of the estate's personal property, such as bank accounts, vehicles, and household items, is less than $75,000. The real property affidavit, on the other hand, is used when the value of the estate's real property, such as land or a house, is less than $100,000.

Personal Property Affidavit
Real Property Affidavit

How to complete small estate affidavit arizona

To complete a small estate affidavit in Arizona, follow these steps:

01
Gather the necessary information about the deceased person and their assets.
02
Obtain a small estate affidavit form from the Arizona court website or consult with an attorney.
03
Fill out the form accurately, providing detailed information about the deceased person, their heirs, and the assets involved.
04
Sign the affidavit in the presence of a notary public.
05
File the completed affidavit with the court clerk in the county where the deceased person resided.
06
Notify all interested parties, such as creditors and other potential heirs, about the filing of the affidavit.
07
Wait for the court's approval and any required waiting period, after which the assets can be transferred to the heirs.

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Questions & answers

Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. 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.
If seeking personal property, it is not necessary to file the small estate affidavit with the court. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred.
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. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process.
Arizona has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.
Settling an Estate in Arizona The first step is to file the will and a petition for probate with the county court where the deceased person lived or where they had property if they lived out of state. A personal representative is appointed by the court, which is usually the person named in the will.
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. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process.