Transfer of Small Estate by Affidavit

SMALL ESTATE AFFIDAVIT

At Dynasty Legal Document, we understand that losing a loved one can be difficult. The process of Probate can be intimidating. We are here to help!

The Superior Court website states that a Small Estate Affidavit can be used in the following situations:

1. Surviving spouse, or

2. Child (if there is no surviving spouse – or there is, but they are not your parent and your parent, the decedent, had separate or community property), or

3. Parent (if there is no surviving spouse or child), or

4. Brother or sister (if there is no surviving spouse or child or parent),

and,

You can prove that any person with equal or greater right than you to the property have all assigned their entire interests in the estate to you. You must attach a copy of the signed documents assigning their interests to you to the Affidavit.

AND

If you are seeking to transfer Personal Property…

Personal property includes everything the decedent owned, other than real estate. (Examples include cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.).
A surviving spouse may use this Affidavit to collect wages of up to $5,000 owed to the decedent.
NOTE: This Affidavit is not filed with the Court. You give it to the person or entity with the property. It can only be used if decedent lived in Arizona.

If you are seeking to transfer Real Property…

Real property includes houses, land, or other real estate located in Arizona (this affidavit cannot be used for real property outside of Arizona).
When calculating the value of all real property, subtract any amounts owed, such as mortgages and other liens and encumbrances, as of the date of death.
NOTE: You must attach a certified copy of the Death Certificate to this Affidavit. The Affidavit must be filed with the Court in the Arizona County where the property is.

(How to Transfer a Small Estate by Affidavit in Maricopa County, Arizona)

HOW CAN WE HELP?

At Dynasty Legal Documents, we draft and file all your documents needed with the court. We will make sure your documents are in compliance with the court’s rules.

Let Dynasty Legal Documents handle all the hard work!

Small Estate Affidavit $500.00

Our pricing also includes filing all documents in your case. (Filing Fees are not included)

WHEN IS A PROBATE NEEDED?

1. You are related to a person who died, or you have a legal interest in the person’s property, AND

2. The person had a will or did not have a will, AND

3. If the person did have a will, you have the original will, AND

4. The person died more than 120 hours ago, but less than 2 years ago,* AND

5. You want to file court papers to be appointed the Personal Representative of the estate.

* There are certain limited exceptions to the two-year limitation for informal probate listed in Arizona Revised Statutes (A.R.S.) Title 14 § 3108.

(https://superiorcourt.maricopa.gov/llrc/prob_pbip1/)

TERMS USED FOR PROBATE

Superior Court Website: (https://superiorcourt.maricopa.gov/ll/probate/)

“Beneficiary”, as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer. As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust. As it relates to a beneficiary of a beneficiary designation, beneficiary refers to a beneficiary of an insurance or annuity policy, an account with pay on death designation, a security registered in beneficiary form or a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. As it relates to a beneficiary designated in a governing instrument, beneficiary includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised. ARS §14-1201

“Decedent” means a person who has died, also called the deceased. Nolo.com

“Devise”, when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. ARS §14-1201

“Estate” includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title. ARS §14-1201

“Heirs”, except as controlled by ARS §14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent. ARS §14-1201

“Intestate Succession/Intestacy” means the method by which property is distributed when a person dies without a valid will. Each state’s law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse or registered domestic partner, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order. Nolo.com

“Personal Representative” includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. A general personal representative excludes a special administrator. ARS §14-1201

“Probate” means the court-supervised process following a person’s death that includes: proving the authenticity of the deceased person’s will, appointing someone to handle the deceased person’s affairs, identifying and inventorying the deceased person’s property, paying debts and taxes, identifying heirs, and distributing the deceased person’s property according to the will or, if there is no will, according to state law. Nolo.com

“Will” includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. A will may be a paper will or an electronic will. ARS §14-1201

STATUTES AND RULES

Superior Court Website: (https://superiorcourt.maricopa.gov/ll/probate/)

Arizona Revised Statutes §§14-2101 through 14-2907: These Arizona statutes govern intestate succession and wills.

Arizona Revised Statutes §§14-3101 through 14-3938: These Arizona statutes govern the probate of wills and administration.

Arizona Revised Statute §14-3108(3): This Arizona statute governs the time limit for filing via informal probate.

Arizona Revised Statute §14-3306(b): This Arizona statute governs the notice requirements in Informal Probate and information on how to contest the probate proceedings.

Arizona Revised Statute §14-3971: This Arizona statute governs collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property.

Arizona Rules of Probate Procedure, Rules 13-18: Describe rules that apply to the initiation of probate proceedings in court (such as filing the petition and response).

Arizona Rules of Probate Procedure, Rules 27-29: Describe rules that apply to contested probate proceedings in court.

Arizona Rules of Probate Procedure, Rules 36-40: Describe rules that apply to Guardianships, Conservatorships, and Decedents’ Estates, including: Orders Appointing Guardians, Conservators, Personal Representatives, or Special Administrators, Orders to Fiduciary, Training for Non–Licensed Fiduciaries, Issuing and Recording Letters of Appointment, and Duties of Court–Appointed Fiduciaries.

Arizona Rules of Probate Procedure, Rules 50-52: Describe rules that apply only to Decedents’ Estates and Trusts, including: Personal Representative’s Inventory and Account, Administrative Closure of a Decedent’s Estate and Termination of Appointment, and Trustee’s Accounts.

HOW CAN DYNASTY LEGAL DOCUMENTS HELP?

Dynasty Legal Documents understands legal documents with the owner, Melissa Moy, having over 20 years working in Law. At most law offices, the Paralegal drafts all your documents. Melissa worked as a Paralegal in some of the top law firms in Arizona for many years before opening her own legal document office. She has extensive knowledge in order to prepare your legal documents with the latest rules to make sure you’re in compliance with the latest laws.