An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, a Non-Probate Affidavit for Collection of Personal Property of Decedent , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s).
Non Probate Adot Withholding
Category:
State:
Arizona
Control #:
AZ-PB-1-COL
Format:
PDF
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How to fill out Arizona Nonprobate Affidavit For Collection Of Personal Property Of Decedent?
The Non Probate Adot Withholding displayed on this page is a reusable official template created by qualified attorneys in accordance with federal and local laws and regulations.
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FAQ
Hear this out loud PauseReal estate or a debt secured by a lien on real property may be transferred to the successor or successors by affidavit if certain requirements are met. This affidavit must be filed in the county where the decedent was domiciled or, if not domiciled in this state, in the county where the property is located.
In Arizona, probate is required for wills and assets outside of trusts and transfer-on-death deeds. Probate is also required for large estates consisting of personal property valued at over $75,000 and real estate property valued at over $100,000.
Hear this out loud PauseIn the event of the death of either party, the survivor will need to provide a death certificate for the deceased owner and then may sign alone when selling the vehicle or when applying for a certificate of title in the surviving owner's name.
Hear this out loud PauseOnce 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.
Hear this out loud PauseUnder 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.