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

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

Category:

Probate - Small Estates

State:

Arizona

City:

Phoenix

Control #:

AZ-ET10

Format:

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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.

The Phoenix Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only is a legal document that allows for streamlined probate proceedings in cases where the total value of an estate does not exceed $75,000 and consists solely of personal property. This affidavit enables the heirs or beneficiaries of the deceased person to claim the assets without having to go through a lengthy and expensive formal probate process. The purpose of the Phoenix Arizona Small Estate Affidavit is to provide a simplified means of transferring property to rightful heirs, minimizing the burden and costs associated with full probate administration. This document is specifically designed for cases involving personal property, such as bank accounts, furniture, vehicles, and other tangible assets, ensuring a more efficient transfer of these assets to eligible individuals. When completing the Phoenix Arizona Small Estate Affidavit, certain key information is required. This includes the name of the deceased person, their date of death, and their address at the time of death. Additionally, the affidavit must include a detailed description of the personal property, including its estimated value and location. The names and addresses of the heirs or beneficiaries who are entitled to the assets must also be provided. It is important to note that there are different types of Phoenix Arizona Small Estate Affidavits for Estates Not More Than $75,000 with Personal Property Only. These variations mainly depend on the circumstances of the estate. One such variation is the Affidavit for Collection of Personal Property, which is used when there is no real estate involved in the estate. This type of affidavit allows the heirs or beneficiaries to claim personal property solely by presenting the affidavit and a certified copy of the death certificate to the person in possession of the assets, such as a bank or financial institution. Another variation is the Affidavit for Transfer of Title to a Vehicle, which focuses specifically on transferring ownership of a vehicle to the rightful heir or beneficiary. This type of affidavit comes into play when the estate consists solely of a vehicle or vehicles. In summary, the Phoenix Arizona Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only is a valuable legal tool for simplifying the probate process for smaller estates. By allowing for the efficient transfer of personal property to eligible heirs or beneficiaries, it helps to alleviate the time, expense, and complexity associated with traditional probate proceedings.

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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

estate affidavit is a procedure available under Arizona estate law that allows heirs and beneficiaries to bypass the probate process, which can be lengthy and expensive.

A small estate affidavit is a legal document that can be used to transfer property to heirs without a formal probate. Not all estates qualify for small estate administration. Heirs can use a small estate affidavit in only limited circumstances.

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.

When is a probate action required in Arizona? Under Arizona law, the general rule is that if the deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property (including physical possessions and money), then a probate action is required to transfer the assets to the heirs.

Cost Of The Small Estate Affidavit Procedure The clerks filing fee for this procedure is usually about $350. That is generally the only court expense.

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.

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Find out what Arizona's limit is for this small estates procedure. In the estate of the person who died (the."deceased"), wherever that property is located, less liens and encumbrances, does not exceed. Kathie Gummere is an Arizona lawyer who can help you with the probate process. O You are the Affiant (the person completing the Affidavit). Small Estate Affidavits.

․) may take. The. Affine will. Not. Enter the. ․ Estate of the. Family of the Deceased with respect to any. Property to be purchased from the Deceased or. Acquired by a person who is not the Affine's Affine (the Affine×. You may take. The. Liens. And Enclosure. Order's which are. Not in. Order of the. ․ County Court. You are in the State of Arizona on January 1st of this year. The property in your possession is 9,999,998 of. The. Deceased's estate is a million from. The Deceased's. Estate. You may complete the Affidavit×. Small Estate Affidavits. [†] and. The Liens. And Enclosure. Order's. (§13-1601×C)). If an inventory is completed, which was accomplished on or after February 6, 2014, by the Affine on the date of the Affidavit, the total of the Liens. And Enclosure. Order's and the estimated value of the Property by which You are the Affine (the Deceased's Estate) to be purchased to be in. the Property you. Own, at the time the inventory was completed shall be.

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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.

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

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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

Does Arizona have a small estate affidavit?

What is small estate affidavit?

What qualifies as a small estate in Arizona?

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

How much does it cost to file a small estate affidavit in Arizona?

Does a small estate affidavit need to be filed with the court in Arizona?

Interesting Questions

What is a Phoenix Small Estate Affidavit?

When is a Phoenix Small Estate Affidavit used?

Who can file a Phoenix Small Estate Affidavit?

What assets can be included in a Phoenix Small Estate Affidavit?

Can real property be included in a Phoenix Small Estate Affidavit?

Do all assets need to be listed in a Phoenix Small Estate Affidavit?

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Phoenix 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

Does Arizona have a small estate affidavit?

What is small estate affidavit?

What qualifies as a small estate in Arizona?

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

How much does it cost to file a small estate affidavit in Arizona?

Does a small estate affidavit need to be filed with the court in Arizona?