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How Much Does the Typical Small Estate Affidavit Cost? While the price of handling an estate will vary, you can expect to spend at least $1000 on an a small estate affidavit, plus any additional expenses. Understanding the asset transfer process is important for Arizona residents and their loved ones.
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.
Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so.
If seeking personal property, it is not necessary to file the small estate affidavit with the court. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred.
Probate costs vary in Arizona, and the first occurs after death. Simple cases cost $10,000?$15,000 and take a year. Some factors may elevate its fees to $20,000, $30,000, or $100,000. The less well-known type of probate occurs when a living, incompetent person has not made legal preparations.
Informal probate is typically used when the value of the estate is less than $75,000 and there are no disputes between the heirs. Formal probate, on the other hand, is typically used when the value of the estate exceeds $75,000 or there are disputes between heirs.
In Arizona, the timeline for wrapping up a probate has no strict deadline for executors. Ideally, the recommended start date is around 60 days after the individual's passing and done within a reasonable timeframe.
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.