In Phoenix, Arizona, the Affidavit of Warship for Small Estates is a legal document used to establish the rightful heirs of a deceased person's small estate. This affidavit is commonly utilized when a person passes away without leaving a valid will (intestate) and the value of the estate falls beneath a certain threshold determined by state law. The Affidavit of Warship serves as a proof of ownership and distribution of the deceased individual's assets, including bank accounts, real estate, vehicles, and personal belongings. It outlines the rightful heirs and provides information about their relationship to the decedent, such as spouse, child, sibling, or parent. By filing an Affidavit of Warship, the heirs can effectively assert their claim to the small estate and facilitate the transfer of assets without going through the probate process. This method can be more efficient and cost-effective, especially in cases where the estate is relatively uncomplicated and the value is within the defined limits set by the state. Different types of Affidavit of Warship for Small Estates in Phoenix, Arizona may include: 1. General Affidavit of Warship: This form is used when a decedent's estate falls within the limits set by state law, typically referred to as a small estate. It identifies the heirs and their respective shares of the estate. 2. Spousal Affidavit of Warship: In cases where the deceased person was married, this form is utilized to establish the surviving spouse's entitlement to the estate, which may include community property. 3. Child Affidavit of Warship: When a deceased individual has children, this affidavit helps identify and allocate their shares in the small estate. 4. Sibling Affidavit of Warship: This form comes into play when the deceased person does not have a surviving spouse or children but has siblings who are considered heirs and beneficiaries. 5. Parent Affidavit of Warship: In situations where the decedent does not have a surviving spouse, children, or siblings, this affidavit is employed to determine the parents' claim to the small estate. Remember, it is important to consult with an attorney or legal professional experienced in probate matters to ensure the accurate completion and filing of the Affidavit of Warship for Small Estates in Phoenix, Arizona. The specific requirements and procedures may vary, and professional guidance can help navigate the process smoothly and avoid potential pitfalls.
Phoenix Arizona Affidavit of Heirship for Small Estates
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How to fill out Phoenix Arizona Affidavit Of Heirship For Small Estates?
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FAQ
Filing the affidavit is a two step process. First, the affidavit is filed in the probate court in the county where the property is located, along with a certified copy of the death certificate, and the original will if there is one. Second, a certified copy of the affidavit must be recorded in the same county.
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.
In Arizona, probate is required when an estate is worth more than $75,000. If the estate is worth less than that amount, the beneficiaries can file a Small Estate Affidavit to claim their inheritance without going through probate.
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.
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.
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.
The Arizona beneficiary deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
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.