An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
In Arizona, certain criteria must be met for an estate to qualify for a small estate affidavit. Here are the qualifications: Estate value limit for personal property: To qualify for a small estate affidavit for personal property in Arizona, the total value of the deceased's personal property must not exceed $75,000.
The affidavit shall state that the affiant is the surviving spouse, partner in a civil union, or domestic partner of the intestate and that the value of the intestate's real and personal assets will not exceed $50,000, and shall set forth the residence of the intestate at his death, and specifically the nature, ...
Probate is also required for large estates with assets valued at a total of over $75,000 and/or real estate worth over $100,000. Even if your estate exceeds this threshold, it's still important to draft a will to ensure that the probate process is short and goes smoothly for your family.
Step-by-Step Guide to Filing Your Small Estate Affidavit Gather Required Documentation. Certified copy of the death certificate. Complete inventory of assets and their values. Complete the Affidavit Form. The affidavit must include specific information as required by Missouri law, including: Decedent's name and last address.
If the decedent has properly positioned all of their property as non-probate assets, probate will not be required. That said, even if all of your assets are positioned to bypass probate, it may still be wise to draft a will, so it's important to discuss your needs with a qualified estate planning attorney.
Transfer of Small Estate by Affidavit in the estate of the person who died (the "decedent"), wherever that property is located, less liens and encumbrances, does not exceed $75,000, and at least 30 days have passed since the death of the decedent, and/or.
The Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding cannot be filed until 30 days after the Decedent's date of death. If the Decedent has a Will, you must file the original with the Court along with the Application for Probate (form 300ES).
How do I get a Small Estate Affidavit? Check Eligibility: Verify if the estate qualifies for a Small Estate Affidavit. Obtain the Form: Contact the probate court in the county where the deceased person lived. Complete the Affidavit: Fill out the Small Estate Affidavit form with accurate and complete information.
Any assets held by the deceased party alone that do not already have a named beneficiary must go through probate court in New Jersey. In general, the probate process in New Jersey is cheaper and easier than in many other states, even for high asset estates.
