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 Affidavit Arizona Withdrawal
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?
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FAQ
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.
This blog discusses five things you need to do when closing an Arizona probate case. Decide Whether to Close Formally or Informally. ... Pay All Final Expenses. ... Complete Final Accounting. ... Prepare a Proposal for Distribution (for Informal Closings).
If a spouse or children survive the person who died, generally speaking, these assets would go to the spouse and children. If neither exist, a close relative would inherit the assets.
Probate procedures can be complex and time-consuming, but there are ways to avoid or bypass this process for certain assets in Arizona. Properties such as those held in a living trust are exempt from probate. Similarly, community property and jointly-held property with a right of survivorship do not require probate.
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.