Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Arizona attorney before taking any action.
Detailed Answer
1. Confirm Eligibility for a Small Estate Affidavit
Under Arizona law, certain personal property of a decedent can pass to heirs without formal probate if the estate qualifies as a “small estate.” A.R.S. § 14-3974 limits the aggregate value of personal property (excluding real estate and vehicles) to under $75,000. Verify the property value and ensure no pending creditor claims remain more than 30 days old. (A.R.S. § 14-3974)
2. Identify Heirs and Their Shares
Arizona intestate succession rules determine who inherits when there’s no will. Review A.R.S. § 14-2101 et seq. for heir categories: spouse, children, parents, siblings, etc. List each heir’s full name, relationship, and share of the small estate. (A.R.S. § 14-3101)
3. Gather Required Documents
- Certified copy of the decedent’s death certificate
- Affiant’s identification and contact information
- Proof of value for each item (invoices, appraisals)
- Any existing creditor claim notices or letters
4. Draft the Heirship Affidavit
Your affidavit must include:
- Affiant’s name, address, and relationship to decedent
- Decedent’s full name, date of death, and last residence
- Statement that no probate is pending and no formal administration is required
- Itemized list of personal property and its total value
- Names and relationships of all heirs, with their shares
- Declaration of no unresolved debts or that known debts are within exemptions
- Notarial certificate with date and signature block
5. Execute and Notarize
The affiant must sign before an Arizona notary public. Ensure the notary’s seal and commission expiration date appear on the document.
6. File or Deliver the Affidavit
In Arizona, you generally present the affidavit to holders of personal property (banks, brokers). If you transfer title to real property or vehicles, record or file the affidavit with the County Recorder or Motor Vehicle Division (MVD) as required. Keep certified copies for each heir and institution involved.
Helpful Hints
- Verify property values with recent appraisals or statements.
- Check MVD requirements if transferring vehicle titles.
- Keep detailed records of all communications with creditors.
- Consider a probate attorney review if the estate value nears the statutory limit.
- Confirm the notary’s credentials and seal requirements in your county.