Distributing Smaller Estates in Arizona

Posted by Stephen Trezza

October 6, 2008

by Stephen Trezza

Do you really need to go through Probate? Maybe Not.

You may be able to use A.R.S 14-3971, Affidavits of Succession, if your real estate is valued under $75,000 or the estate has under $50,000 of personal property.

WAGES/SALARY

After the individual’s date of death, an affidavit may be given to his or her employer at any time. This can authorize the surviving spouse to receive any wages due up to $5,000 (as long as an Application for probate proceeding isn’t pending).

TANGIBLE PERSONAL PROPERTY AND PERSONAL DEBT

At any time after 30 days from the date of death an affidavit may be drafted obligating the possessor of any tangible personal property owned by the decedent to be turned over to the successors. Tangible personal property includes stock. The same is true for any legally binding debt owed to the decedent, it must be paid. There are two caveats:

1) That the combined total value of the personal property and debt owed isn’t more than $50,000 and;

2) A Probate proceeding is not currently pending in court.

MOTOR VEHICLES

These type of assets land in the tangible property category. To process these, an affidavit is sent to the DMV, which will then issue a new title to the successor.

Affidavits regarding personal property and debts do not have to be filed with the Court. They do not need a Judge’s signature or the stamp of the Probate Registrar to be legal. It may be prudent to present a copy of the statute when presenting the affidavit in case the possessor of the asset has a concern about the legality of the process.

REAL ESTATE

No sooner than six months after the date of death a successor may file in the court in which the decedent was domiciled at the time of death or if the decedent was not domiciled in Arizona then in the county in which the real estate is located an affidavit, subject to penalties of perjury, describing the property and the interest of the decedent in that property along with the following affirmations:

1) No probate proceeding is underway in any jurisdiction for the decedent.

2) The property’s value (minus liens and encumbrances) is not greater than $75,000 in value at the date the death happened.

The real estate’s value is established using the value in the assessment rolls for the year when the death occurred. If there is any debt that is secured by a lien on the property, then the value is established by the unpaid principal balance due at the date of death.

3) All expenses related to the decedent’s last illness, the funeral and all unsecured debts have been paid.

4) No other person has a right to the interest of the decedent.

5) No Arizona or federal estate taxes are due.

Once the affidavit is in order and filed with the court, the court will issue an Order which requires the Probate Registrar to then issue a certified copy of the affidavit.

By recording the certified copy in the county in which the real estate is located the successor puts the world on notice that he/she is now the legal owner of the property.

Quick, easy and able to be prepared by a competent paralegal (or certified document preparer), Affidavits of Succession are a superb alternative to probate.

About the Author:

Stephen Trezza has successfully handled thousands of cases, including Tucson probate cases. If you think you need Tucson paralegal services, visit the AZ Statewide Paralegal website today.

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