Prepare Legal Arizona Small Estates Forms For Free

Holding a last will does not suffice as a comprehensive measure to skip the probate process in Arizona. The execution of a will necessitates the requisite approval from a court of law. Thereby initiating the subsequent probate proceedings through which the decedent's assets shall duly pass.

If the estate qualifies for small estate administration, the personal representative or living heir need only to complete an Affidavit for Collection of All Personal Property and an Affidavit for Transfer of Title to Real Property. There are statutory time constraints associated with small estate administration.

In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death. These assets tend to be titled individually in the decedent's name and will require a probate court to transfer the title of ownership to the intended beneficiary.

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 the total value of the assets solely in the deceased person's name, other than real property, exceeds $75,000, that will require probate. If the value of any real property located in Arizona solely in the deceased person's name, less liens and encumbrances, exceeds $100,000, that will require probate.

If the family members are in agreement, the court can appoint one of them to serve as the estate's executor or personal representative. If there is discord amongst the family members, the judge can appoint a third-party special administrator to manage the estate.