US Legal Forms
Affidavits
Arizona Small Estate Affidavit for Estates Not More Than $75...

Arizona Affidavit Only With Signature

Q: Who signs affidavit of Value in Arizona?

A.R.S. 11-1133 and 11-1137(B) require all buyers and sellers of real property or their agents to complete and attest to this Affidavit.

Category:

Probate - Small Estates

State:

Arizona

Control #:

AZ-ET10

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

Under Arizona statute, the surviving spouse or other person entitled to the proceeds of an estate with must file a petition in the office of the probate judge. If the judge finds that the statutory conditions have been met ( please see statute), including the requirement that the value of the personal estate be less than $75,000, the judge will issue an order that the personal assets of the estate be distributed. Please see form AZ-ET20 for an affidavit to transfer real property.

Arizona Affidavit Only with Signature: A Comprehensive Overview In the legal system of Arizona, an affidavit is a crucial legal document used to establish facts or provide evidence in various situations. An Arizona affidavit only with a signature refers to a specific type of affidavit that solely requires the signature of the affine (the person making the statement) to validate its authenticity. This type of affidavit is typically used in circumstances where a sworn statement is necessary, but additional evidentiary support or notarization is not mandated by law. Although there are no specific variants or types of Arizona affidavit only with signature outlined in the legal statutes, different situations may call for individuals to utilize this document. Some common instances include: 1. General Affidavit: A general affidavit can be used for various purposes, covering a wide range of topics, such as confirming personal information, providing statements regarding lost documents, or certifying facts in legal matters. 2. Financial Affidavit: This type of affidavit pertains to financial matters and may be employed in divorce or child support cases, loan applications, or confirming income for tax-related purposes. It can include information on assets, liabilities, income, and expenses. 3. Affidavit of Residence: An affidavit of residence is often required in certain administrative processes, such as enrolling a child in school or applying for government benefits. It verifies the address of the affine and confirms their residency. 4. Name Change Affidavit: When an individual seeks to change their name legally, they may need to submit a name change affidavit. This affidavit affirms their desire to change their name and clarifies their current and proposed new name. 5. Affidavit of Warship: This affidavit is often used in probate proceedings to establish heirs' identities and their respective entitlements to the deceased person's estate. It confirms the legal heirs of the deceased without the need for a formal probate process. Regardless of the type, an Arizona affidavit only with signature should adhere to certain essential elements, including: — Clear identification of thaffinent, including their full legal name, address, and contact information. — A statement clearly outlining the facts or information being attested to, in a comprehensive and truthful manner. — A statement indicating that thaffinent understands the legal consequences of making a false statement, subjecting them to potential perjury charges. — A dated signature of thaffinent, affirming the validity and truthfulness of the contents of the affidavit. It is important to note that while an Arizona affidavit only with signature does not require notarization, it may still be prudent to consult with a legal professional to ensure compliance with specific requirements. Additionally, the intended recipient or the specific legal matter at hand may have further specifications regarding the format or content of the affidavit. In conclusion, an Arizona affidavit only with signature is a legal document that allows an individual to declare and verify specific facts without the need for notarization or additional supporting evidence. Its purpose is to provide a sworn statement that can be used as evidence or documentation in various legal, administrative, or personal matters.

Request for New Award

View this form

3.4 Defendant's Decision to Testify

View this form

Subpoena to Produce Documents, Information...

View this form

Meal and Rest Break Recording Form

View this form

Sample Purchase and Sale Agreement between...

View this form

Notice of Annual Meeting of Shareholders -...

View this form

Last Will and Testament for Divorced perso...

View this form

Non-Employee Attestation Form for North Am...

View this form

Self-Employed Personal Trainer or Training...

View this form

USLegal Law Pamphlet on Torts

View this form

How to fill out Arizona Small Estate Affidavit For Estates Not More Than $75,000 With Personal Property Only?

Drafting legal documents from scratch can sometimes be daunting. Certain scenarios might involve hours of research and hundreds of dollars spent. If you’re looking for a a more straightforward and more affordable way of creating Arizona Affidavit Only With Signature or any other paperwork without jumping through hoops, US Legal Forms is always at your fingertips.

Our online library of over 85,000 up-to-date legal forms covers virtually every element of your financial, legal, and personal affairs. With just a few clicks, you can quickly get state- and county-specific forms carefully put together for you by our legal professionals.

Use our platform whenever you need a trusted and reliable services through which you can quickly find and download the Arizona Affidavit Only With Signature. If you’re not new to our website and have previously created an account with us, simply log in to your account, select the template and download it away or re-download it anytime later in the My Forms tab.

Not registered yet? No problem. It takes minutes to register it and explore the catalog. But before jumping straight to downloading Arizona Affidavit Only With Signature, follow these recommendations:

Review the form preview and descriptions to ensure that you have found the document you are searching for.
Make sure the template you select conforms with the requirements of your state and county.
Choose the right subscription option to buy the Arizona Affidavit Only With Signature.
Download the file. Then complete, certify, and print it out.

US Legal Forms boasts a good reputation and over 25 years of experience. Join us now and transform document completion into something easy and streamlined!

Form popularity

FAQ

Answer: Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.

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.

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.

A.R.S. §§ 11-1133 and 11-1137(B) require all buyers and sellers of real property or their agents to complete and attest to this Affidavit.

More info

Signatures on Documents Filed with the Court. This Guide will help those reviewing ballot affidavit signatures determine whether the ballot affidavit signature and the voter's signature in the voter.For the purpose of this form, please provide wet signatures. Digital signatures will not be accepted. AFFIDAVIT OF LAWFUL PRESENCE (Mail-in Version Only). What is an Affidavit in Arizona? Affidavit is signed and notarized. □. Order is completed and needs only Judge's signature and date. □. The documents were signed for BY THE OTHER PARTY ONLY AND NO ONE ELSE. A copy of the OTHER PARTY'S.

Trusted and secure by over 3 million people of the world’s leading companies

Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only

Arizona recognizes a small estate affidavit and also a summary administration proceeding. You may either order the Small Estate Affidavit for Estates smaller than $100,000 or the Summary Administration where real property is inherited or use this form when the personal property only needs to be collected and distributed and the value isn't more than $75,000.

Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small estate procedures may generally be used regardless of whether there was a will. In general, the two forms of small estate procedures are recognized:

1. Small Estate Affidavit: Some states allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value.

2. Summary Administration: Some states allow a summary administration. Some states recognize both the small estate affidavit and summary administration, basing the requirement of which one to use on the value of the estate. Example: If the estate value is 10,000 or less an affidavit is allowed but if the value is between 10,000 to 20,000 a summary administration is allowed.

Arizona Summary: Under Arizona statute, an interested party may, in any estate the value of which is less than $75,000, 6 months after the death of the decedent, issue a small estate affidavit to any party who owed the decedent.

Arizona Requirements:
Arizona requirements are set forth in the statutes below.

Relevant Statutes are: 14-3971. Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property

A. At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of five thousand dollars, on being presented an affidavit made by or on behalf of the spouse stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and that no application or petition for the appointment of a personal representative is pending or has been granted in this state or, if granted, the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed.

B. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor and stating that all of the following are true:

1. Thirty days have elapsed since the death of the decedent.

2. Either:

(b) The personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed seventy-five thousand dollars as valued as of the date of the affidavit.

3. The claiming successor is entitled to payment or delivery of the property.

C. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors on presentation of an affidavit pursuant to subsection B of this section.

D. The motor vehicle division shall transfer title of a motor vehicle from the decedent to the successor or successors on presentation of an affidavit as provided in subsection B of this section and on payment of the necessary fees.

E. No sooner than six months after the death of a decedent, a person or persons claiming as successor or successors to the decedent's interest in real property, including any debt secured by a lien on real property, may file in the court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state then in any county in which real property of the decedent is located, an affidavit describing the real property and the interest of the decedent in that property and stating that all of the following are true and material and acknowledging that any false statement in the affidavit may subject the person or persons to penalties relating to perjury and subornation of perjury:

1. Either:

(a) An application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all real property in the decedent's estate located in this state, less liens and encumbrances against the real property, does not exceed one-hundred thousand dollars as valued at the date of death. The value of the decedent's interest in that real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property the value shall be determined by the unpaid principal balance due on the debt as of the date of death.

(b) The personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all real property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one-hundred thousand dollars as valued as of the date of the affidavit. The value of the decedent's interest in that real property is determined from the full cash value of the property as shown on the assessment rolls for the year in which the affidavit is given, except that if a debt is secured by a lien on real property, the value is determined by the unpaid principal balance due on the debt as of the date of the affidavit.

2. Six months have elapsed since the death of the decedent as shown in a certified copy of the decedent's death certificate attached to the affidavit.

3. Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.

4. The person or persons signing the affidavit are entitled to the real property by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last will of the decedent, the original of which is attached to the affidavit or has been probated.

5. No other person has a right to the interest of the decedent in the described property.

6. No federal or Arizona estate tax is due on the decedent's estate.

F. The normal filing fee shall be charged for the filing of an affidavit under subsection E of this section unless waived by the court as provided by section 12-301 or 12-302. On receipt of the affidavit and after determining that the affidavit is complete, the registrar shall cause to be issued a certified copy of the affidavit without attachments, and the copy shall be recorded in the office of the recorder in the county where the real property is located.

G. This section does not limit the rights of heirs and devisees under section 14-3901.

14-3972. Effect of affidavit

A. The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.

B. The motor vehicle division issuing title pursuant to affidavit is discharged and released to the same extent as if it dealt with a personal representative of the decedent. It is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.

C. A purchaser of real property from or lender to the person or persons designated as successor or successors in a certified copy of an affidavit issued under section 14-3971 and recorded in the county in which the real property is located is entitled to the same protection as a person purchasing from or lending to a distributee who has received a deed of distribution from a personal representative, as provided in section

14-3910. 14-3973. Small estates; summary administrative procedure

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 14-3974.

14-3974. Small estates; closing by sworn statement of personal representative

A. Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 14-3973 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:

1. To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable, necessary medical and hospital expenses of the last illness of the decedent.

2. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto.

3. The personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.

B. If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

C. A closing statement filed under this section has the same effect as one filed under section 14-3933.

Small Estate Affidavit for Estates Not More Than $75,000 with Personal Property Only

Arizona Requirements:
Arizona requirements are set forth in the statutes below.

Relevant Statutes are: 14-3971. Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property

1. Thirty days have elapsed since the death of the decedent.

2. Either:

3. The claiming successor is entitled to payment or delivery of the property.

1. Either:

2. Six months have elapsed since the death of the decedent as shown in a certified copy of the decedent's death certificate attached to the affidavit.

3. Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.

5. No other person has a right to the interest of the decedent in the described property.

6. No federal or Arizona estate tax is due on the decedent's estate.

G. This section does not limit the rights of heirs and devisees under section 14-3901.

14-3972. Effect of affidavit

14-3910. 14-3973. Small estates; summary administrative procedure

14-3974. Small estates; closing by sworn statement of personal representative

2. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto.

C. A closing statement filed under this section has the same effect as one filed under section 14-3933.

Arizona Affidavit Only With Signature

Description

Viewed forms

How to fill out Arizona Small Estate Affidavit For Estates Not More Than $75,000 With Personal Property Only?

Form popularity

FAQ

Does an affidavit have to be notarized in Arizona?

Does a small estate affidavit need to be filed with the court in Arizona?

What are the requirements for a small estate affidavit in Arizona?

What do I need to file small estate affidavit in Arizona?

Who signs affidavit of Value in Arizona?

More info

Trusted and secure by over 3 million people of the world’s leading companies

Arizona Affidavit Only With Signature

Description

Viewed forms

How to fill out Arizona Small Estate Affidavit For Estates Not More Than $75,000 With Personal Property Only?

Form popularity

FAQ

Does an affidavit have to be notarized in Arizona?

Does a small estate affidavit need to be filed with the court in Arizona?

What are the requirements for a small estate affidavit in Arizona?

What do I need to file small estate affidavit in Arizona?

Who signs affidavit of Value in Arizona?

Arizona Affidavit Only With Signature Related Searches

More info

Trusted and secure by over 3 million people of the world’s leading companies