Small Estate Affidavit Arizona

What is small estate affidavit arizona?

A small estate affidavit in Arizona is a legal document that allows the heirs of a deceased person to claim and distribute the assets of the estate without going through the probate process. This affidavit is used when the total value of the estate is below a certain threshold determined by Arizona law. It is a simpler and more expedited way to transfer assets to the rightful heirs.

What are the types of small estate affidavit arizona?

In Arizona, there are two main types of small estate affidavits: the Affidavit for Collection of Personal Property and the Affidavit and Application for Transfer of Personal Property. The first type is used when the total value of the estate, excluding real property, is $75,000 or less. The second type is used when the value of the estate, including real property, is $100,000 or less. It is important to determine which type of affidavit is applicable to your situation before proceeding with the process.

Affidavit for Collection of Personal Property (for total estate value of $75,000 or less)
Affidavit and Application for Transfer of Personal Property (for total estate value of $100,000 or less)

How to complete small estate affidavit arizona

Completing a small estate affidavit in Arizona involves several steps:

01
Gather the necessary information, including the value of the estate, a list of assets, and the names and contact information of the heirs
02
Obtain the appropriate small estate affidavit form from the Arizona court or an online legal service provider
03
Fill out the form accurately and completely, providing all required details
04
Have the affidavit notarized by a licensed notary public
05
Submit the completed and notarized affidavit to the appropriate county probate court
06
Wait for the court's approval and follow any further instructions or requirements provided

By following these steps, you can successfully complete a small estate affidavit in Arizona and ensure a smoother and faster distribution of assets to the rightful 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.