Maricopa Arizona Affidavit of Death and Heirship (Information to Include in Affadavit)
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FAQ
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.
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 has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.
First, you'll need to initiate probate. File a petition with the county court where the decedent lived or owned property, and include a list all of the potential heirs to the estate. If there is a family member or trusted advisor who would like to serve as the estate's administrator, indicate that in the petition.
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.
Arizona Small Estate Affidavit - EXPLAINED - YouTube YouTube Start of suggested clip End of suggested clip Form fill it out sign it and have it notarized. You'll also need to obtain a copy of the deathMoreForm fill it out sign it and have it notarized. You'll also need to obtain a copy of the death certificate. The affidavit will allow you to collect the assets in arizona if the deceased.
According to Arizona Code 14-3108, probate must be filed within two years of the person's death. There are a few exceptions to this deadline, including timelines for contesting a will or when a previous proceeding has been dismissed.
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.