An affidavit is a written, sworn statement by an individual witnessed and signed by a Notary Public or other official person. The 'affiant' swears to the truth of the written statement. This form, a sample Superior Court Affidavit, can be used as an affidavit on the named topic. Adapt the model language to fit your own circumstances and sign in the presence of a Notary. Available for download now in standard format(s).
The Arizona affidavit of small estate is a legal document specifically designed for simplifying the process of settling small estates. This affidavit is an alternative to the formal probate process, which can be both time-consuming and expensive. With the Arizona affidavit of small estate, eligible individuals can claim or transfer assets left behind by a deceased person without the need for court supervision. There are two main types of Arizona affidavit of small estate, known as the "Small Estate Affidavit" and the "Collection of Personal Property Affidavit." Each type serves a slightly different purpose, depending on the circumstances of the estate settlement. 1. Small Estate Affidavit: The Small Estate Affidavit is used when the total value of the deceased person's assets does not exceed $75,000. This affidavit allows the estate's heirs or beneficiaries to claim the assets directly, without having to go through a formal probate process. It is crucial to note that this value does not include motor vehicles or certain property types like real estate. 2. Collection of Personal Property Affidavit: This type of affidavit is used when the deceased person's assets consist only of personal property, such as bank accounts, personal belongings, or other non-real estate assets. However, unlike the Small Estate Affidavit, there is no specific monetary limit associated with this type. It can be used regardless of the total value of the assets, as long as they are considered personal property. To initiate the Arizona affidavit of small estate, interested parties must complete the appropriate form, which is available through the Arizona court system or probate court websites. The form requires detailed information about the deceased person, their heirs, and the assets involved. Additionally, it is essential to gather supporting documentation, such as death certificates and proof of ownership or inheritance rights. Once the affidavit is completed, it must be signed and notarized by all parties involved. Typically, the document must be filed with the Clerk of the Superior Court in the county where the deceased person resided at the time of their death. The filing fee for the affidavit varies by county. Upon acceptance of the affidavit, the court will issue an order allowing the distribution of the assets to the appropriate parties. In summary, the Arizona affidavit of small estate provides a means to simplify and expedite the settlement of small estates. Whether utilizing the Small Estate Affidavit or the Collection of Personal Property Affidavit, eligible individuals can bypass the complexities of probate, saving time and money in the process.