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).
Small Estate Affidavit Vs Probate
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
Using the affidavit is simple. Once you've completed it, you don't need to file it with the court. You just give a copy of it to the companies or people holding the property you are seeking to transfer. This will notify them that they can release the property to you.
Qualification The person who died didn't own any real property at the time of death. The total of all other property does not exceed $100,000. A probate court has not issued a letter of office, which authorizes the executor of the deceased's will to distribute property.
You will also need a list of all the property and assets in the estate. You can only use a small estate affidavit if the estate has no more than $100,000 in it. You cannot use a small estate affidavit to transfer real property, such as a house.
Can you probate a will in Texas without a lawyer? Yes, but it's not always recommended ? and some Texas counties don't allow a will to be probated without a lawyer. If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don't need to hire an estate attorney.
In California, estates valued below $184,500 are considered small estates and can go through a simplified probate process. If your loved one's estate meets that threshold, instead of full probate you can file a shorter series of documents to probate court.