Welcome to Pinal County Court System. When they file the affidavit, the beneficiary must also verify that there are no estate taxes due on the transfer, and that all funeral expenses, unsecured debts and expenses of last illness have been paid in full. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger, In Arizona, the Small Estate Affidavit may be filed if a decedents real property has been valued at less than $100,000, and at least 30 days have passed since the property owner passed away. Locate the deed to the Arizona Decedents property then reproduce the legal description of the property to Section 4. Free Small Estate Affidavit Form Navajo County Arizona (7) Filer Status. Display: Child Support Order. File size / Pages: 70kb ; 1pg . Subscribe for Updates; Site Map. When the legal documents were completed, he thoroughly reviewed each of the documents with us and provided us with a complete and detailed listing, including instructions, of the activities we needed to complete to transfer/assign our assets to the living trust. Updated February 21, 2023. Packet 04 - Closing the Estate. arizona small estate affidavit pinal county. The court may be a surrogate's court, probate court or . Select the third checkbox if there is more than one Affiant and these Petitioners have the strongest claim on the Arizona Decedents real property because the Arizona Decedent had no Spouse and no other Dependent holds a greater right to the property than the Affiants behind this paperwork. If the Petitioner(s) named above will be represented by an Attorney when seeking the Arizona Decedents real property, then some additional information must be presented. (67) Contact Information Of Filer. An Arizona Small Estate Affidavit must be notarized. In addition, there can be no federal or state estate tax due. Pinal County, formed in February 1875, comprises 5,376 square miles. Small Estate Affidavits are used in Arizona to transfer assets from a deceased person to the heirs when the total value of the assets is below the minimum value requiring a probate. Our Services . We serve clients in the Phoenix metropolitan area. Electronic Payment Authorization. While the major legal requirement for utilizing a Small Estate Affidavit in Arizona is the total worth of the decedents property, there are a number of factors you should consider to ensure that the estate administration goes as smoothly as possible. This should be presented immediately upon signing as the current calendar date at the time. A checklist of topics with their appropriate State Codes has been supplied to review. in the estate of the person who died The Affiant petitioning for the real property of the Arizona Decedent must sign his or her name. The person died without a will and the people with equal or greater right than you have to the property have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you are attaching to the affidavit. The first step is to file the affidavit with the county probate court. Thirty days must have passed since the date of death as certified in the death certificate. Under Arizona law, the general rule is that if a deceased person owned more than $100,000 of equity in real estate, or more than $75,000 of personal property . Or alternatively, if the person was not living in that county or in Arizona, but owned real property there, you can file an affidavit of succession in the county where the property is located. Order of Appointment of a Permanent Guardian and/or Conservator for an Adult. Small Estate Laws: In Arizona, successors may avoid probate court by filing a small estate affidavit if the estate values less than $75,000 for tangible personal property; $100,000 for real property. He prepared our Estate Plan documents on read more, My wife and I were in need of having a personal trust drawn up, so we selected Jeff's firm because his website advertised that this was one of his areas read more, Jeff Hall did an excellent and timely job of providing my wife and I with a new living trust after we relocated to Arizona. The top of the next page must display the case number for this matter. Affidavit of Succession to Real Property. The value of all of the. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. Unlike . If you are an Attorney working on behalf of the Affiant through this filing, then your bar number must be furnished for proper identification. If you move within the district, outside the district or state, enroll your child in public school, or enroll them in private school you must complete the Change of Information form and file it with our office. After signing this document the Affiant should print his or her name. According to the California Probate Code 13200, a small estate is considered $166,250. (85) Petitioning Surviving Minor/Dependent. The assets may include bank accounts, insurance policies, investment accounts and cars and boats, Whether there are any unpaid debts by the deceased including funeral expenses. I am so thankful Jeff was recommended to me. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. While the price of handling an estate will vary, you can expect to spend at least $1000 on an a small estate affidavit, plus any additional expenses. Attorney Advertising. 2028 0 obj <>stream In addition to the requirements above, the individual signing the small estate affidavit of succession for real property must ensure that all funeral expenses, expenses of last illness and all unsecured debts of the person who died have been paid. If a Fiduciary Agent is completing this document, then his or her fiduciary licensed number should be documented. Court and Hearing room cases occurring today. arizona small estate affidavit pinal county. Made the challenging, easy, I selected Jeff because his website was very well done and informative (no prior reference, just liked what he said on his website). The term "Probate Court" is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of other cases that traditionally involve filings in the areas of guardianship, conservatorship, elder fraud, and physical abuse. (40) 230 Guardianship. Southeast wind 6 to 13 mph becoming west in the afternoon. Great communicator, very knowledgeable and patient. Define how the Arizona Decedent owned the property (i.e. He walked us through what he could do for us, or what we could do if we wanted to handle it ourselves. Annual Report of Guardian for Adult/Protected Person w/Physicians Annual Report. For your convenience, the Pinal County Justice Courts have made several forms available. Employer Information Sheet. Medical Excuse from Arizona Superior Jury Form 2009-2023. homes for sale in fishersville, va; 22 . To learn more about how Jeffrey P. Hall, PLLC, can assist you in determining whether you can use a small-estate affidavit and in completing the process. The same rules apply to the motor vehicle division if the transfer title to an automobile based on the presentation of an affidavit. Arrearage Calculation Request. 14-3971 (Collection of Personal Property by Affidavit). The signers must also state that no other people besides those signing have a right to the property. Produce the dollar sum of values entered for the Arizona Decedents listed personal property. If an Attorney represents the Affiant seeking the Arizona Decedents real property, then his or her bar number must be recorded. This must be a complete list of all personal property owned by the Decedent and should not include real estate owned by the Arizona Decedent. (33) Petitioner For Arizona Decedent Real Property. (51) Update Status. To find where to file, use this Court Locator. (99) Affidavit Release For Real Property. Dave O. Jeff Hall did an excellent and timely job of providing my wife and I with a new living trust after we relocated to Arizona. Filling Out the Arizona Small Estate Affidavit Form. A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Arizona. Excellent and timely serviceRobert. 59th Annual Meeting Registration - California Forest Pest - caforestpestcouncil. Arizona Department of Revenue (602) 255-3381 1600 West Monroe Street Phoenix, AZ 85007. There are alternatives to probate that we, at Arizona Statewide Paralegal, can help you with when you have a family member who has passed away with a small estate. Probate . Declare your relationship to the Arizona Decedent in Section 3. Small estate affidavit. Furnish your name to the declaration statement made. This paperwork can be filed by one of several types of Parties. If you are responsible for small estate administration, an experienced estate planning attorney will be able to offer you the assistance you need. That is because the proceeds of the home sale may be needed to settle the expenses of the estate. Information on how to obtain an Emergency Order of Protection, Search for cases occurring within the Pinal County Superior Court. If the person who died has a partial interest in a property, perhaps as a co-owner, then you would determine value based on what percentage was owned by the person who died. Begin Section 10 by selecting the first or second checkbox from the Reason statement. If the Arizona Decedent has named Heirs as the rightful receivers of the real property but each such Heir has provided a release of his or her interest in this property to the Affiant, then choose the second to last statement made. In addition, Jeffrey is very personable. The Arizona Decedent this document concerns must be named. How Long Do You Have to File Probate After Death? That due-on-sale clause means that the mortgage in question will automatically become due and payable when the property is transferred. The assessed value of the real property (land and permanent structures on the land) in the decedent's estate located in Arizona, less liens and encumbrances as of the date of the decedent's death, does not exceed $100,000, and at least 6 months have passed since the death of the decedent, and/or. The Superior Court of California, County of San Francisco will help you find the right court office. The full name of every Party involved with this matter, whether it is a rightful Heir, Survivor, Ward (of the Decedent), Minor, Dependent, or Trust should be documented. The Petitioner(s) or Petitioners Attorney must dispense a notarized signature to this document once it has been completed. If the Representative has a mailing address that is separate from his or her physical address, then both must be recorded. (106) Date. Affidavit of Direct Child Support Payments. Arizona Small Business Income Tax Highlights Affidavit of Property Value This form is used to record the selling price, date of sale and other required information about the sale of property. Give our Mesa probate lawyers a call today at 480-833-1113. While there is no formal process as to how an Arizona Small Estate Affidavit must be drafted, a few relevant specifics must be included: Sometimes an Arizona Small Estate Affidavit might not be the right course of action, depending on the deceased persons assets and the conditions of their financial health. Produce your full name at the top of this page to identify yourself as the Filer of this document. The monetary worth of each piece of the Arizona Decedents property listed in the previous area must be assessed then recorded. The person completing the Small Estate Affidavit Arizona form must also swear to make proper notice to other claimants, if any. If this is the case, we would identify all of those in the affidavit. Russo Law Group, P.C. More than one checkbox may be selected so long as it accurately defines a subject matter relevant to this petition. If the Arizona Decedent did not have a will but the Affiant is the Sole Heir to the estate, then place a mark in the appropriate checkbox and continue through this declaration by selecting I Am if only a single Affiant is involved or We Are if more than one Affiant is involved. The Small Estate Administration process in Arizona is started when the affiant makes the application at the appropriate local court in Arizona where the decedent passed. For purposes of the affidavit, the county of filing is the county where the property is physically located. It is important to understand the process of transferring property through the small estate affidavit process. Copyright 2023 MH Sub I, LLC. As Staff Page Only, Template: Each topic that applies to this paperwork must be selected. How Do You Transfer Real Estate Using a Small Estate Affidavit? Fill out and print a free Small Estate Affidavit form for Arizona in just minutes online. In some cases, it may be better to petition for an informal probate, since the probate can be opened and closed before the six-month waiting period has expired. Althoug We are so happy to have found Jeffrey. The appropriate court may be a surrogates court, probate court or circuit court, whichever is responsible for probate matters where the person died in Arizona and the estate is located. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. Get form. Furnish your full address to the two lines available below your name. If this checkbox is selected, produce the name of each Party who requires the Interpreters services. The estate must be valued at less than $100,000 for Arizona to grant this affidavit larger estates are required to go through probate court and the successors must wait at least 6 months before filing for the forms. For personal or real property, when you are claiming property using the affidavit of succession, you will need to list how you are entitled to the property. Spoiler alert: very few people now have to pay these taxes. Change of Address in a Non-Criminal Case. 2) Your child is discontinuing homeschooling or private schooling and returning to a public school. The estate must be valued at less than $100,000 for Arizona to grant this affidavit - larger estates are required to go through probate . Other Forms You May Need. Free Small Estate Affidavit Form Graham County Arizona Print your name before executing your signature. He asked all the right questions and provided the answers to our concerns. If a previous account has been submitted and this document is meant to update or correct previous information regarding the Petitioner, Survivors, or Arizona Decedent, then this paperwork must be presented as such. Step 1 Download in Adobe PDF or Microsoft Word (.doc). Estate Planning The surviving spouse must also state that there is no application or petition for the appointment of a personal representative, the personal representative has been discharged or it has been more than one year since a closing statement for the estate has been filed.