Arizona Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate
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How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Administrator Of An Estate?
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FAQ
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.
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.
The state of Arizona allows small estates to transfer probate assets outside of probate court under the following conditions: The decedent's personal property is less than $75,000. The decadent's real property is less than $100,000.
In Arizona, if an estate value is less than $100,000 in real property and $75,000 in personal property, it can avoid probate all together.
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.
Arizona's intestate succession laws dictate the distribution of a person's estate assets if they die without a valid will. The intestacy laws state that the decedent's spouse and other heirs, as determined by state law, are entitled to inherit any portion of the estate not covered by the decedent's will.
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.