Arizona Affidavit as to Heirship of (Name of Person), Deceased (With Corroborating Affidavit)
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FAQ
A Proof of Authority is a statutory based mechanism whereby a ?foreign? personal representative (foreign meaning, the personal representative was granted executorships powers in a State other than Arizona) may petition the Arizona probate court to exercise its foreign powers.
In Arizona, real estate can be transferred via a Beneficiary Deed, more commonly known as a TOD deed. This deed allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
Arizona allows those without proper estate planning to avoid probate if the estate is small. A small estate is one that consists of less than $100,000 in real estate value or less than $75,000 in personal property.
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.
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.
An affidavit of heirship can be used to establish the heirs of a deceased person when there is no probated will or estate. To use an affidavit of heirship for this purpose please follow the instructions below: The person signing the affidavit of heirship cannot be a person listed as an heir.
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.
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.