Using Small Estate Affidavits Instead of Probate in Arizona

If you have lost a loved one in Arizona, you may find yourself in the position of having to settle their estate. This may involve going through a court process known as probate, which can be lengthy and expensive. However, if the decedent had only a modest amount of assets, beneficiaries may be able to use a small estate affidavit instead of going through probate.

Using a small estate affidavit is less expensive than probate and allows the heirs to receive their inheritances more quickly. In Arizona, a small estate affidavit may be used if the value of the decedent’s personal property is $75,000 or less and the value of their real estate is $100,000 or less.

If you are claiming to be entitled to the decedent’s assets, you must fill out and file the affidavit with the court. In order to claim personal property using an affidavit, a minimum of 30 days must have passed since the individual’s death. To claim real estate using an affidavit, you must wait at least six months after the decedent’s death.

There are other requirements as well. The estate cannot already be going through probate. You must be sure the court has not appointed a personal representative or, if one has been appointed, that he or she has not been active for at least a year and has not filed a closing statement with the court. The affidavit must include information about the decedent’s assets, debts and heirs and must be signed and sworn under penalty of perjury.

Once the affidavit has been filed and approved by the court, you can present it to banks, financial institutions, and other entities to transfer the assets to the heirs.

While a small estate affidavit can be a good option in many cases, it may not work if an heir or creditor of the decedent comes forward to make a claim. If you are considering using a small estate affidavit, you should first consult with an experienced probate and estate administration attorney about your particular situation.

Pennington Law, PLLC assists clients in Surprise, Sun City West, Buckeye and surrounding areas in all Arizona estate administration matters, including small estate affidavits. Call 623-208-7867 or contact us online for a free consultation.