There are specific documents regulating estate relations in every US state, and Arizona is no different. In Arizona, a small estate affidavit operates under Arizona state law. The Arizona Small Estate Affidavit Form is completed when a person (the deceased) passes on without leaving a will.
In situations like this, descendants of the deceased have all rights to claim an inherited property. After receiving the inherited estate, they can handle it whatever way they want. Note that family members are not the only people recognized as descendants. People with rights to the property can also be considered descendants.
If the claimed property does not include real estate, its total value should not exceed $75,000. If there’s real property involved (ground, residence), the total value should not exceed $100,000. Otherwise, the claimants would have to use a different process.
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Estate relations are an essential part of our everyday life. We buy, sell, and rent properties. But are our transactions always secure? Do we think about the safety and validity of everything we do with our estate? Do we have time to think about such things? In most situations, the answer is NO.
The easiest and the fastest way to conduct a secure transaction is signing the legal papers confirmed by Arizona. For each estate issue, there is a specific legal document. If the deceased left no will and the property value is less than $100,000, the descendants should fill out the Arizona Small Estate Affidavit Form. You may download the template using our form-building software.
Legal regulations governing the Arizona Small Estate Affidavit Form are mostly found in the 2019 Arizona Revised Statutes.
The 2019 Arizona Revised Statutes give some requirements on the procedure of handling the inherited property:
| Max. Estate | $75,000 (for personal property) and $100,000 (for real property) |
| Min. Time to Wait After Death | 30 days (for personal property) and 6 months (for real property) |
| Filing Fee | At least $250 |
| State Laws | Arizona Revised Statutes, Sections 14-3971 to 14-3974 |
Write down your name, contact details containing the full address, email, zip code, telephone number, the bar number of your attorney, and the authorized fiduciary number.
Fill in the county where the deceased lived and passed away.
Enter their full name, place of death, and their date of death.
Clarify how you are related to the deceased.
Among all options, choose those that suit you the most—the ones explaining your right on the deceased’s property.
Write down the full description of the property, including the worth and location.
Describe them with as many details as you can. If the deceased left a debt, state the amount and the names of everyone owed.
Leave your signature in the company of a notary public. The notary has to seal the document confirming its validity.
Complete the Probate Information Cover Sheet and Affidavit for Transfer of Title to Real Property where necessary.
Deliver the completed affidavit form to the local Probate Court and pay the fee.