Arizona Affidavit of Heirship for Small Estates

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Multi-State
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US-OG-179-3
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Word; 
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Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public).

The Arizona Affidavit of Warship for Small Estates is a legal document used to establish the heirs of a deceased person's estate when the total value of the estate is below a certain threshold. This affidavit is particularly useful when the deceased individual did not leave a valid will or estate plan. In Arizona, there are two main types of Affidavits of Warship for Small Estates: the General Affidavit of Warship and the Beneficiary Affidavit of Warship. Both serve the purpose of establishing the rightful heirs of the estate, but their application may vary based on specific circumstances. The General Affidavit of Warship is typically used when the deceased person owned real property in Arizona, such as land or a house. This affidavit helps to determine the legal heirs who have the right to inherit the property. It requires detailed information about the deceased person, their marital status, children, and other potential heirs. Additionally, it may require supporting documents like death certificates, birth certificates, or marriage certificates to validate the information provided. On the other hand, the Beneficiary Affidavit of Warship is used when the estate contains personal property, such as bank accounts, vehicles, or personal belongings. This affidavit outlines the beneficiaries who have the right to these assets. It may require similar information about the deceased person and any potential heirs, along with supporting documentation where necessary. Both types of affidavits must be signed and notarized by a qualified notary public to ensure their validity. Depending on the complexity of the estate and the specific assets involved, additional documentation may be required to support the claims made in the affidavit. It is important to note that the requirements and procedures for the Arizona Affidavit of Warship for Small Estates may vary, so it is advisable to consult an attorney or seek legal advice when executing these documents. The purpose of these affidavits is to simplify the process of distributing assets in small estates and avoid the need for probate court proceedings, saving time and money for all parties involved. In conclusion, the Arizona Affidavit of Warship for Small Estates is a legal document used to identify the rightful heirs of a deceased person's estate when the total value falls below a certain threshold. It offers two main types: the General Affidavit of Warship, mainly for real property, and the Beneficiary Affidavit of Warship, used for personal property. Having these affidavits properly prepared and executed can help streamline the distribution of assets in small estates, minimizing legal complications and expenses.

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FAQ

Arizona allows those without proper estate planning to avoid probate if the estate is small. Arizona allows those without proper estate planning to avoid probate if the estate is small. A small estate is one that consists of less than $100,000 in real estate value or less than $75,000 in personal property.

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.

Informal probate is typically used when the value of the estate is less than $75,000 and there are no disputes between the heirs. Formal probate, on the other hand, is typically used when the value of the estate exceeds $75,000 or there are disputes between heirs.

An Arizona beneficiary deed form?also known as an Arizona transfer-on-death deed form or Arizona TOD deed form?is a type of deed authorized by statute to pass Arizona real estate to designated beneficiaries on the death of an owner.

A small estate could comprise of assets worth less than around £10,000. This would mean they wouldn't own their house and any assets they do have would be items left after passing.

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.

There may be additional hearings to resolve contests, and the executor will probably need court approval before making major decisions and actions. Informal probate is obviously the quickest and can conclude in 4 ? 6 months. Formal probate may take up to a year or longer.

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Arizona Affidavit of Heirship for Small Estates