What is an Affidavit of successor trustee in Arizona?

An Affidavit of successor trustee in Arizona is a document used to affirm the authority of a successor trustee after the initial trustee passes away or becomes unable to serve. This affidavit simplifies the transition of control over the trust's assets. If the estate qualifies, utilizing the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only can further streamline this process. Always ensure that you follow the proper legal procedures to uphold the validity of the trust.

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Arizona Small Estate Affidavit for Estates Not More Than $75...

Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only

Name: Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only
Brand: US Legal Forms
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Category:

Probate - Small Estates

State:

Arizona

Control #:

AZ-ET10

Format:

Instant download

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Description

Under Arizona statute, the surviving spouse or other person entitled to the proceeds of an estate with must file a petition in the office of the probate judge. If the judge finds that the statutory conditions have been met ( please see statute), including the requirement that the value of the personal estate be less than $75,000, the judge will issue an order that the personal assets of the estate be distributed. Please see form AZ-ET20 for an affidavit to transfer real property.

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How to fill out Arizona Small Estate Affidavit For Estates Not More Than $75,000 With Personal Property Only?

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FAQ

To file an Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only, you need to gather several essential documents. First, obtain the death certificate of the deceased person, as this initiates the process. Next, create a small estate affidavit form, which details the assets belonging to the estate and confirms that the total value does not exceed $75,000. Using a reliable service like US Legal Forms can simplify this process, providing you with easy access to the necessary forms and guidance to ensure compliance with Arizona's requirements.

To transfer property after a death in Arizona, you can utilize the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only if the estate qualifies. This affidavit allows you to claim the deceased's personal assets directly by submitting the document to the appropriate institutions, such as banks or financial agencies. It's essential to complete the required paperwork accurately to ensure a smooth transfer. Consider using platforms like USLegalForms to find templates and guidance tailored to your needs.

The limit for a small estate affidavit in Arizona is $75,000 in personal property only. If the total value of the estate does not exceed this amount, you can use the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only. This process simplifies the transfer of assets without the need for probate, making it efficient for heirs to claim what they are entitled to. Make sure to gather all necessary documents to facilitate the affidavit process.

An Affidavit of heirship form in Arizona is a legal document used to establish the heirs of a deceased individual's estate, particularly when the estate does not exceed the limits for probate. This affidavit can simplify the process of transferring property by formally identifying heirs without extensive legal proceedings. If your estate falls under the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only, this form can be a valuable tool. Always consider consulting a legal professional to guide you through this process.

To transfer a house title after death in Arizona, you will first need to determine whether the estate qualifies for the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only. If it does, you can use this affidavit to transfer ownership without probate. Gather necessary documents like the death certificate and existing title documents, then submit them to the appropriate county office to complete the transfer. This process ensures that the property is transferred efficiently to the rightful heirs.

An Affidavit of successor trustee in Arizona is a document used to affirm the authority of a successor trustee after the initial trustee passes away or becomes unable to serve. This affidavit simplifies the transition of control over the trust's assets. If the estate qualifies, utilizing the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only can further streamline this process. Always ensure that you follow the proper legal procedures to uphold the validity of the trust.

If your estate meets the criteria for the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only, you typically do not need an Affidavit of property value. This document is generally only necessary for estates requiring probate. However, if there are disputes or complications regarding asset value, it may be beneficial to have this affidavit. Always consider your specific situation and consult with a legal expert if needed.

In Arizona, an estate must exceed $75,000 in personal property to require probate. If the estate is valued at $75,000 or less, you may use the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only. This process allows for a more straightforward transfer of assets without the complications of probate. By utilizing this affidavit, you can simplify the distribution of the estate.

An affidavit of succession to real property in Arizona allows heirs to transfer ownership of real estate without going through probate. While this document is distinct from the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only, it serves a similar purpose for simplifying inheritance processes.

Probate is triggered in Arizona when an estate's value exceeds $75,000 or includes real property. Additionally, if there is no will, the court may need to determine the rightful heirs. By using the Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only, smaller estates can avoid these legal complications.

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Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only

Arizona recognizes a small estate affidavit and also a summary administration proceeding. You may either order the Small Estate Affidavit for Estates smaller than $100,000 or the Summary Administration where real property is inherited or use this form when the personal property only needs to be collected and distributed and the value isn't more than $75,000.

Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small estate procedures may generally be used regardless of whether there was a will. In general, the two forms of small estate procedures are recognized:

1. Small Estate Affidavit: Some states allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value.

2. Summary Administration: Some states allow a summary administration. Some states recognize both the small estate affidavit and summary administration, basing the requirement of which one to use on the value of the estate. Example: If the estate value is 10,000 or less an affidavit is allowed but if the value is between 10,000 to 20,000 a summary administration is allowed.

Arizona Summary: Under Arizona statute, an interested party may, in any estate the value of which is less than $75,000, 6 months after the death of the decedent, issue a small estate affidavit to any party who owed the decedent.

Arizona Requirements:
Arizona requirements are set forth in the statutes below.

Relevant Statutes are: 14-3971. Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property

A. 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 five thousand dollars, on being presented an affidavit made by or on behalf of the spouse stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and that no application or petition for the appointment of a personal representative is pending or has been granted in this state or, if granted, the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed.

B. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor and stating that all of the following are true:

1. Thirty days have elapsed since the death of the decedent.

2. Either:

(b) The personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed seventy-five thousand dollars as valued as of the date of the affidavit.

3. The claiming successor is entitled to payment or delivery of the property.

C. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors on presentation of an affidavit pursuant to subsection B of this section.

D. The motor vehicle division shall transfer title of a motor vehicle from the decedent to the successor or successors on presentation of an affidavit as provided in subsection B of this section and on payment of the necessary fees.

E. No sooner than six months after the death of a decedent, a person or persons claiming as successor or successors to the decedent's interest in real property, including any debt secured by a lien on real property, may file in the court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state then in any county in which real property of the decedent is located, an affidavit describing the real property and the interest of the decedent in that property and stating that all of the following are true and material and acknowledging that any false statement in the affidavit may subject the person or persons to penalties relating to perjury and subornation of perjury:

1. Either:

(a) An application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all real property in the decedent's estate located in this state, less liens and encumbrances against the real property, does not exceed one-hundred thousand dollars as valued at the date of death. The value of the decedent's interest in that real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property the value shall be determined by the unpaid principal balance due on the debt as of the date of death.

(b) The personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all real property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one-hundred thousand dollars as valued as of the date of the affidavit. The value of the decedent's interest in that real property is determined from the full cash value of the property as shown on the assessment rolls for the year in which the affidavit is given, except that if a debt is secured by a lien on real property, the value is determined by the unpaid principal balance due on the debt as of the date of the affidavit.

2. Six months have elapsed since the death of the decedent as shown in a certified copy of the decedent's death certificate attached to the affidavit.

3. Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.

4. The person or persons signing the affidavit are entitled to the real property by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last will of the decedent, the original of which is attached to the affidavit or has been probated.

5. No other person has a right to the interest of the decedent in the described property.

6. No federal or Arizona estate tax is due on the decedent's estate.

F. The normal filing fee shall be charged for the filing of an affidavit under subsection E of this section unless waived by the court as provided by section 12-301 or 12-302. On receipt of the affidavit and after determining that the affidavit is complete, the registrar shall cause to be issued a certified copy of the affidavit without attachments, and the copy shall be recorded in the office of the recorder in the county where the real property is located.

G. This section does not limit the rights of heirs and devisees under section 14-3901.

14-3972. Effect of affidavit

A. The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.

B. The motor vehicle division issuing title pursuant to affidavit is discharged and released to the same extent as if it dealt with a personal representative of the decedent. It is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.

C. A purchaser of real property from or lender to the person or persons designated as successor or successors in a certified copy of an affidavit issued under section 14-3971 and recorded in the county in which the real property is located is entitled to the same protection as a person purchasing from or lending to a distributee who has received a deed of distribution from a personal representative, as provided in section

14-3910. 14-3973. Small estates; summary administrative procedure

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 14-3974.

14-3974. Small estates; closing by sworn statement of personal representative

A. Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 14-3973 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:

1. To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable, necessary medical and hospital expenses of the last illness of the decedent.

2. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto.

3. The personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.

B. If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

C. A closing statement filed under this section has the same effect as one filed under section 14-3933.

Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only

Arizona Requirements:
Arizona requirements are set forth in the statutes below.

Relevant Statutes are: 14-3971. Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property

1. Thirty days have elapsed since the death of the decedent.

2. Either:

3. The claiming successor is entitled to payment or delivery of the property.

1. Either:

2. Six months have elapsed since the death of the decedent as shown in a certified copy of the decedent's death certificate attached to the affidavit.

3. Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.

5. No other person has a right to the interest of the decedent in the described property.

6. No federal or Arizona estate tax is due on the decedent's estate.

G. This section does not limit the rights of heirs and devisees under section 14-3901.

14-3972. Effect of affidavit

14-3910. 14-3973. Small estates; summary administrative procedure

14-3974. Small estates; closing by sworn statement of personal representative

2. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto.

C. A closing statement filed under this section has the same effect as one filed under section 14-3933.

Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only

Description

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How to fill out Arizona Small Estate Affidavit For Estates Not More Than $75,000 With Personal Property Only?

Form popularity

FAQ

What do I need to file a small estate affidavit in Arizona?

How do I transfer property after a death in Arizona?

What is the limit for a small estate affidavit in Arizona?

What is an Affidavit of heirship form in Arizona?

How do I transfer a house title after death in Arizona?

What is an Affidavit of successor trustee in Arizona?

Do I need an Affidavit of property value in Arizona?

How much does an estate have to be worth to go to probate in AZ?

What is an affidavit of succession to real property in Arizona?

What triggers probate in Arizona?

Trusted and secure by over 3 million people of the world’s leading companies

Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only

Description

Related forms

Viewed forms

How to fill out Arizona Small Estate Affidavit For Estates Not More Than $75,000 With Personal Property Only?

Form popularity

FAQ

What do I need to file a small estate affidavit in Arizona?

How do I transfer property after a death in Arizona?

What is the limit for a small estate affidavit in Arizona?

What is an Affidavit of heirship form in Arizona?

How do I transfer a house title after death in Arizona?

What is an Affidavit of successor trustee in Arizona?

Do I need an Affidavit of property value in Arizona?

How much does an estate have to be worth to go to probate in AZ?

What is an affidavit of succession to real property in Arizona?

What triggers probate in Arizona?

Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only Related Searches

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