Arizona Agreement Between Widow and Heirs as to Division of Estate

Category:
State:
Multi-State
Control #:
US-01110BG
Format:
Word; 
Rich Text
Instant download

Description

Agreements among family members for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If the family members are in agreement, the court can appoint one of them to serve as the estate's executor or personal representative. If there is discord amongst the family members, the judge can appoint a third-party special administrator to manage the estate.

If you are survived by descendants but no spouse, your descendants will inherit all of your estate. If you die with no surviving spouse or descendants, your parents will inherit all of your estate. If you die with no surviving spouse, descendants or parents, your siblings will inherit all of your estate.

In Arizona, the surviving spouse will always receive 50% of the decedent's estate; the remaining 50% usually passes to the surviving spouse as well, unless the decedent has any children from a separate relationship. In that case, the remaining 50% would be given to the decedent's other children.

If you die without a will in Arizona, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether you are married, and whether your children are also your spouse's children.

If you pass on and have children but no spouse, your children will inherit everything. If you have a spouse but no descendants, your spouse will receive your assets. For those who are married and have descendants with their spouse, the spouse will inherit everything.

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. An Affidavit must be submitted to the courts dictating all assets and associated values.

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Arizona Agreement Between Widow and Heirs as to Division of Estate