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Informal probate is typically used when the value of the estate is less than $75,000 and there are no disputes between the heirs. Formal probate, on the other hand, is typically used when the value of the estate exceeds $75,000 or there are disputes between heirs.
Real 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.
A small estate affidavit may be sought to transfer an estate without going through a formal or informal probate process, which appoints an executor to administer the estate, but only under the following circumstances: If the value of all personal property (bank accounts, vehicles, tangible personal property, etc.)
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.
Individuals can find all tax forms and instructions on the ADOR website or visit our local offices. Please note that the Arizona tax package and Arizona Booklet X Volumes 1, 2, and 3 are now available to download from our website. Taxpayers can also find fillable and non-fillable tax forms online.
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.
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.
Retirement accounts with named beneficiaries, life insurance proceeds, co-owned savings bonds, and payable-on-death bank accounts are also exempt. Real estate with a transfer-on-death deed and pension plan distributions also do not go through probate.