Pima Arizona Application with Affidavit on Attachment without Notice

State:
Arizona
County:
Pima
Control #:
AZ-CV-4-WRIT
Format:
Word; 
Rich Text
Instant download

Description

Application with Affidavit on Attachment without Notice: The Plaintiff is asking the court to attach a judgment to the Defendant's property without notice. He/She asks this because the Defendant is planning to move the property out of the jurisdiction of the court, and he/ she has not paid the Plaintiff his/her full judgment amount. It is to be signed in front of a Notary Public. This form is offered in both Word and Rich Text formats.

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FAQ

Cost Of The Small Estate Affidavit Procedure The clerks filing fee for this procedure is usually about $350. That is generally the only court expense.

It is a sworn statement, in which the affiant attests under oath to the inheritance right and certain other facts relating to the estate. The heir or devise files the affidavit with the probate court registrar in the county where the real estate is located.

Small Estate Affidavits are used in Arizona to transfer assets from a deceased person to the heirs when the total value of the assets is below the minimum value requiring a probate.

Filing the affidavit is a two step process. First, the affidavit is filed in the probate court in the county where the property is located, along with a certified copy of the death certificate, and the original will if there is one. Second, a certified copy of the affidavit must be recorded in the same county.

40-5143. Purpose: Residency affidavit to be eligible for an Arizona Travel-Compliant Driver License or Non-operating ID.

Step 1 ? Verify with the Superior Court.Step 2 ? Application for Change of Name.Step 3 ? Consent of Name Change from Other Parent (if applicable)Step 4 ? Notarize Documents.Step 5 ? Civil Cover Sheet.Step 6 ? File Forms with the Superior Court.Step 7 ? Notice of Hearing.Step 8 ? Notify Spouse (if applicable)

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.

Arizona statutes offer an alternative to avoiding probate by using an Affidavit of Succession to Real Property in cases in which the real property value does not exceed a certain value. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed away.

Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.

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Pima Arizona Application with Affidavit on Attachment without Notice