Official Arizona Small Estate Affidavit Form Modify Form Now

Official Arizona Small Estate Affidavit Form

The Arizona Small Estate Affidavit is a legal document that allows individuals to claim assets of a deceased person without going through the formal probate process. This form simplifies the transfer of property for estates valued under a certain threshold, making it easier for heirs to access their inheritance. Understanding how to properly use this affidavit can streamline the settlement of small estates in Arizona.

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Overview

The Arizona Small Estate Affidavit provides a streamlined process for settling the estates of individuals who have passed away with minimal assets. This form is particularly beneficial for heirs and beneficiaries, allowing them to claim property without the need for formal probate proceedings. To qualify, the deceased must have had a total estate value of $100,000 or less, excluding real property. The affidavit serves as a legal document that affirms the identity of the affiant and their relationship to the deceased, enabling them to access bank accounts, transfer titles, and manage other assets. Utilizing this form can save time and reduce costs associated with estate administration, making it an essential tool for those navigating the complexities of small estates in Arizona. Understanding how to properly complete and file the affidavit is crucial for ensuring that the estate is settled efficiently and in accordance with state laws.

Form Example

Arizona Small Estate Affidavit

Pursuant to the Arizona Revised Statutes, Section 14-3971, this document serves to expedite the transfer of estate assets to rightful successors without the need for formal probate proceedings, under specific circumstances.

Section 1: Deceased Information

Full Name of Decedent: ________________________________________

Date of Death: ___________________________

Last Known Address: __________________________________________

County of Domicile at Time of Death: ____________________________

Section 2: Affiant Information

Full Name of Affiant: _________________________________________

Relationship to Decedent: _____________________________________

Address: ____________________________________________________

Telephone Number: _________________________

Section 3: Description of Property

Please describe the decedent's personal property, including but not limited to bank accounts, stocks, and personal effects, subject to collection under this affidavit. Attach additional sheets if necessary.

____________________________________________________________

____________________________________________________________

Section 4: Real Estate (If Applicable)

If the decedent owned real estate that is subject to transfer under this affidavit, please provide a legal description of the property and the assessor's parcel number(s).

Legal Description: ___________________________________________

Assessor's Parcel Number: ____________________________________

Section 5: Heirs

List all known heirs and their relationship to the decedent. Include full names and addresses.

  • _________________________________________________________________
  • _________________________________________________________________
  • _________________________________________________________________

Section 6: Declarations

The undersigned affirms that:

  1. The value of all personal property owned by the decedent at the time of death does not exceed $75,000, and at least 30 days have elapsed since the decedent's passing.
  2. There is no pending application or petition for the appointment of a personal representative in any jurisdiction.
  3. All debts, including funeral and burial expenses, have been paid or provided for.
  4. The affiant has given written notice, by personal delivery or by certified mail, to all persons entitled to the property and has furnished a copy of this affidavit to those persons.
  5. All information contained in this affidavit is true and accurate to the best of the affiant's knowledge.

Section 7: Signature

The affiant hereby declares under penalty of perjury under the laws of the State of Arizona that the foregoing is true and correct.

Date: ___________________ Signature: _______________________________

File Characteristics

Fact Name Details
Definition The Arizona Small Estate Affidavit allows individuals to claim assets of a deceased person without going through probate.
Governing Law Arizona Revised Statutes § 14-3971 governs the use of the Small Estate Affidavit.
Eligibility Criteria The total value of the deceased person's assets must not exceed $75,000 for personal property.
Real Property Limit If the estate includes real property, the total value must not exceed $100,000.
Required Information The affidavit must include details such as the deceased's name, date of death, and a list of assets.
Signatures Required The affidavit must be signed by the person claiming the assets and notarized.
Filing Process The affidavit can be presented to financial institutions or other entities holding the deceased's assets.
Limitations This process cannot be used if the deceased had a will that requires probate or if there are disputes among heirs.
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