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Free Arizona Small Estate Affidavit Form

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Use this template/form as a Small Estate Affidavit Form in the State of Arizona

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Text version of this Form

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SMALL ESTATE

AFFIDAVIT

1

For Transfer of Property

When a Person has Died

FORMS and INSTRUCTIONS

© Superior Court of Arizona in Maricopa County

ALL RIGHTS RESERVED

PBSE1 – 5280-1212

———————– Page 2———————–

SELF-SERVICE CENTER

SMALL ESTATE AFFIDAVIT(S) FOR TRANSFER

(A.R.S. § 14-3971)

FOR TRANSFER OF PROPERTY WHEN PERSON HAS DIED

You may use the forms and instructions in this packet if . . .

 The value of all of the personal property (cash, bank accounts, stocks and bonds, cars,

jewelry, money owed to the person who died, etc.) in the estate of the person who died (the

“deceased”), wherever that property is located, less liens and encumbrances, does not

exceed $50,000, and at least 30 days have passed since the death, and/or

 The assessed value of the real property (land and permanent structures on the land) in the

deceased’s estate located in Arizona, less liens and encumbrances as of the date of the

deceased’s death, does not exceed $75,000, and at least 6 months have passed since the

death, and/or

 You are the surviving spouse, and you want to collect up to $5000 in wages owed to the

deceased, and/or

 You are entitled to the real property and/or personal property, and have the legal right

(“legal standing”) to submit an affidavit claiming the property because:

You are named in a will to receive the property and you can prove it; OR

The person who died did not have a will, but you are related to the decedent as:

1. Surviving Spouse, or

2. Child , if there is no surviving spouse – or there is, but he or she is 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

If there are people with equal or greater right than you to the property, they have

all assigned their entire interests in the estate to you, which is proven by the copy

of the documents they signed to this effect that you can attach to the affidavit.

READ ME: Consulting a lawyer before filing documents with the court may help prevent

unexpected results. A list of lawyers you may hire to advise you on handling your own case or to

perform specific tasks, as well as a list of court-approved mediators can be found on the Self-Service

Center website at www.superiorcourt.maricopa.gov/SSC

© Superior Court of Arizona in Maricopa County PBSE1k-092811

ALL RIGHTS RESERVED Page 1 of 1

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SELF-SERVICE CENTER

SMALL ESTATE AFFIDAVIT OF TRANSFER

This packet contains court forms and instructions to file for the Transfer of a Small Estate by Affidavit.

The documents should appear in order as follows:

Order File No. Title # pages

1 PBSE1t Table of contents (this page) 1

2 PBSE1k Checklist: You may use this packet if . . . 1

3 PBSE11f “Affidavit for Collection of All Personal Property” 2

4 PB10f “Probate Cover Sheet” 2

(Only needed if transferring real property)

5 PBSE12f “Affidavit for Transfer of Title to Real Property” 3

6 PBSE10p PROCEDURES: What to Do After Completing the Affidavit(s) 2

The documents you have received are copyrighted by the Superior Court of Arizona in

Maricopa County. You have permission to use them for any lawful purpose. These forms shall

not be used to engage in the unauthorized practice of law. The Court assumes no

responsibility and accepts no liability for actions taken by users of these documents, including

reliance on their contents. The documents are under continual revision and are current only

for the day they were received. It is strongly recommended that you verify on a regular basis

that you have the most current documents.

© Superior Court of Arizona in Maricopa County PBSE1t-071111

ALL RIGHTS RESERVED Page 1 of 1

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AFFIDAVIT FOR COLLECTION OF

ALL PERSONAL PROPERTY

STATE OF ARIZONA )

MARICOPA COUNTY )

By signing this affidavit, I swear or affirm under penalty of perjury that its contents are true and correct.

1. INFORMATION ABOUT THE DECEASED (THE PERSON WHO DIED):

Name of person who died:

Date of death:

Place of death: Maricopa County, Arizona

2. 30-DAY REQUIREMENT: More than thirty (30) days have gone by since the person died.

3. RELATIONSHIP: My relationship to the person who died is: (explain)

4. VALUE OF PERSONAL PROPERTY. The value of all the personal property in the deceased

person’s estate, wherever located, minus the amount of liens and encumbrances on the property, is not

greater than $50,000.00.

5. PERSONAL REPRESENTATIVE. To the best of my knowledge, no one has filed an Application or

Petition for Appointment of a Personal Representative and no Application or Petition has been granted in

any state OR if an application has been granted the personal representative has been discharged or more

than one year has elapsed since a closing statement has been filed and the amount does not exceed

$50,000.

6. ENTITLEMENT. I am the claiming successor to the personal property and I am entitled to payment or

delivery of the property because I am. (Check all boxes that apply.)

I am named in the Will of the person who died, a copy of which is attached to this Affidavit.

The deceased had no Will, but I am entitled to the property under law because (check ONE)

I am the spouse of the person who died;

I am a child of the person who died, and there is no surviving spouse, or there is a

surviving spouse but he or she is not my parent and the deceased had separate or

community property;

I am the parent of the person who died, and there is no surviving spouse or child;

I am a brother or sister of the person who died, and there is no surviving spouse, child or

parent.

The person died without a will and I am the sole heir.

The person died without a will and the people with equal or greater right than I have to the

property have all assigned their entire interests in the estate to me, which is proven by the copy of

the documents they signed to this effect that I am attaching to this affidavit.

The person died and left a valid Will and the people with equal or greater right than I have to the

property have all assigned their entire interests in the estate to me, which is proven by the copy of

the documents they signed to this effect that I am attaching to this affidavit.

© Superior Court of Arizona in Maricopa County PBSE11f-071111

ALL RIGHTS RESERVED Page 1 of 2

AFF

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7. DESCRIPTION OF PROPERTY. The person who died owned the following personal property.

(List all property. Attach extra pages if necessary.)

Description Value Location, or Who Has Property Now

$

$

$

$

$

TOTAL VALUE: $

8. MONEY OWED: The person who died was entitled to collect on the following debts from persons

located in Arizona. (List all. Attach extra pages if necessary.)

Description Amount owed Name of Who Owes the Debt

$

$

$

$

TOTAL AMOUNT OWED: $

9. This affidavit is made under Arizona Law, Sec. 14-3971(B), Arizona Revised Statutes, for the purpose of

making claim to personal property of the person who died.

OATH OR AFFIRMATION

The contents of this document are true and correct under penalty of perjury.

Date

Signature of Person Making Affidavit

Printed Name

Sworn to or Affirmed before me this date: Date

(Seal/My Commission Expires)

Deputy Clerk of Court or Notary Public

© Superior Court of Arizona in Maricopa County PBSE11f-071111

ALL RIGHTS RESERVED Page 2 of 2

AFF

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SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

PROBATE INFORMATION COVER SHEET

FOR CLERK’S USE ONLY

Case Number: PB

A person needing a guardian or conservator is the “ward”. A person who died is the “decedent”.

INFORMATION ABOUT THE WARD or THE DECEDENT

NAME: DATE OF BIRTH:

MAILING ADDRESS :

STREET ADDRESS (if different):

TELEPHONE (Home): SSN:

TELEPHONE (Cellular): EMAIL:

ADDITIONAL WARDS ARE INVOLVED. Information listed separately.

INFORMATION ABOUT THE PETITIONER, the person filing these papers.

NAME:

MAILING ADDRESS:

TELEPHONE: EMAIL:

INFORMATION ABOUT PETITIONER’S ATTORNEY: Petitioner is not represented by an attorney, or

NAME: BAR #

TELEPHONE: EMAIL:

An INTERPRETER IS NEEDED for this language: By

(List Names of) Persons who need interpreter: Name:

Name: Name:

STAFF USE ONLY: REASON FEES NOT PAID: Government Charge Deferred

NATURE OF ACTION: Place an “X” next to number which describes the nature of the case. Check only ONE.

200 ESTATE 220 CONSERVATOR

____ 201 Formal Appointment of Personal ____ 221 Minor

Representative ____ 222 Adult Incapacitated Person

____ 202 Informal Appointment of Personal

230 GUARDIANSHIP

Representative

____ 203 Ancillary Administration ____ 231 Minor

____ 204 Affidavit of Succession to Realty ____ 232 Adult Protected Person

(including Dementia and Alzheimer’s)

____ 205 Trust Administration

____ 233 Adult Incapacitated Person (Mental Health Powers)*

____ 206 Formal Probate of Will

____ 207 Informal Probate of Will *(Only if needs inpatient behavioral or mental health treatment)

____ 208 Proof of Authority

240 GUARDIANSHIP-CONSERVATOR COMBINATION

____ 210 Other

____ 241 Minor

Specify

____ 211 Single Transaction/Limited Conservatorship ____ 242 Adult Protected Incapacitated Person

(including Dementia and Alzheimer’s)

____ 212 Foreign Domicilliary

____ 243 Adult Protected Incapacitated Person (Mental

Health Powers)*

*(Only if needs inpatient behavioral or mental health treatment)

© Superior Court of Arizona in Maricopa County Page 1 of 2 PB10f-121212

ALL RIGHTS RESERVED

———————– Page 7———————–

Case No.

the person to serve as guardian, conservator, or

INFORMATION ABOUT THE FIDUCIARY,

personal representative (executor) of the Estate of someone who died.

NAME: DATE OF BIRTH:

MAILING ADDRESS:

STREET ADDRESS: (if different)

TELEPHONE (Home): SSN:

TELEPHONE (Cellular): EMAIL:

TELEPHONE (Work): CERTIFICATION #

(for State-Licensed Fiduciaries ONLY)

RELATIONSHIP TO THE WARD OR (if an estate matter) THE DECEDENT:

RACE: HEIGHT WEIGHT:

PHYSICAL DESCRIPTION:

EYE COLOR: HAIR COLOR:

By signing below, I state to the Court under penalty of perjury that the contents of this

document are true and correct to the best of my knowledge and belief.

Petitioner or Attorney Signature

NOTICE

SUBMIT THIS FORM WITH NEW CASES ONLY.

If there is already a (Maricopa County) Probate Court case number and you are filing in an existing

Superior Court case in Maricopa County, DO NOT SUBMIT THIS FORM.

© Superior Court of Arizona in Maricopa County Page 2 of 2 PB10f-121212

ALL RIGHTS RESERVED

———————– Page 8———————–

Person Filing:

Mailing Address:

City, State, Zip Code:

Day/Evening Phone: /

Represented by SELF (No Attorney) OR Attorney

If Attorney, Bar No.: Atty. Phone: FOR CLERK’S USE ONLY

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the Matter of the Estate of Case Number:

AFFIDAVIT FOR TRANSFER OF

TITLE OF REAL PROPERTY

an Adult a Minor, deceased

STATE OF ARIZONA )

COUNTY OF MARICOPA ) ss.

By signing this affidavit, I swear or affirm under penalty of perjury that its contents are true and correct.

1. INFORMATION ABOUT PERSON WHO DIED (the deceased)

The deceased, , died on .

(name) (date)

2. PLACE OF DEATH. (Check one box)

At the time of death, the person who died was living in Maricopa County in Arizona, OR

At the time of death, the person who died was not living in Maricopa County, but was living at:

(city and state) and owned real property located in Maricopa County in Arizona.

3. RELATIONSHIP. This is my relationship to the person who died: (explain)

4. DESCRIPTION OF REAL PROPERTY. The legal description as written on the deed of title of

the real property located in Maricopa County Arizona is:

5. INTEREST OF PERSON WHO DIED IN PROPERTY. The interest of the person who died in

the real property is (list how the decedent held title to the property or other interest in the property).

© Superior Court of Arizona in Maricopa County Page 1 of 3 PBSE12f

March 13, 2009 Use only most current version

ALL RIGHTS RESERVED

ATP

———————– Page 9———————–

Case No.

6. VALUE OF ESTATE. The assessed value in the estate of the person who died of all real property

located in this state, including any debt secured by a lien on real property, less liens and encumbrances

against the real property as of the date of the death, does not exceed $75,000.00.

7. SIX MONTH REQUIREMENT. Six months have elapsed since the death, as shown in a certified

copy of the death certificate attached to this affidavit.

8. PERSONAL REPRESENTATIVE. An application or petition for appointment of a personal

representative is not pending or has not been granted in any jurisdiction OR an application has been

granted but the personal representative has been discharged or more than one year has elapsed since a

closing statement has been filed and the $75,000 limit on the value of the property has not been

exceeded.

9. FUNERAL EXPENSES. Funeral expenses, expenses of last illness, and all unsecured debts of the

person who died have been paid.

10. REASON WHY I AM ENTITLED TO THE PROPERTY. That the persons signing the affidavit

are entitled to the real property because (check the boxes that apply):

I am the spouse of the deceased and I am claiming the allowance in lieu of homestead ($18,000)

exempt property ($7,000) and family allowance ($12,000). (A.R.S. 14-2401 through 14-2405)

There is no surviving spouse and I am the dependent or minor child of the person who died. I am

claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000), and family

allowance (reasonable allowance for maintenance of family during administration of estate,

generally up to one year). (A.R.S. 14-2401-03). All other dependent children of my deceased

parent with equal or greater right than I have to the property, have all assigned their entire

interests in the estate to me, which is proven by the copy of the document they signed to this

effect that I am attaching to this affidavit or they have signed this affidavit indicating their interest

in the property.

I am named in the will dated of the person who died, the original of which is

attached to this affidavit, or a certified copy of the Will which has been probated as follows (name

of court and case number) .

The person who died had no will, but I am entitled to the property by law because (check one box)

I am the spouse of the person who died;

I am a child of the person who died, and there is no surviving spouse, or there is a

surviving spouse but he or she is not my parent and the deceased had separate or

community property;

I am the parent of the person who died, and there is no surviving child, spouse or parent;

I am a brother or sister of the person who died, and there is no surviving spouse, child or

parent.

The person died without a will and I am the sole heir.

The person died without a will and the people with equal or greater right than I have to the

property have all assigned their entire interests in the estate to me, which is proven by the copy of

the documents they signed to this effect that I am attaching to this affidavit or have signed this

affidavit indicating their interest in the property.

The person died and left a valid will giving the entire estate to me.

The person died and left a valid will and the people with equal or greater right than I have to the

property have all assigned their entire interests in the estate to me, which is proven by the copy of

the documents they signed to this effect that I am attaching to this affidavit or have signed this

affidavit indicating their interest in the property.

© Superior Court of Arizona in Maricopa County Page 2 of 3 PBSE12f

March 13, 2009 Use only most current version

ALL RIGHTS RESERVED

ATP

———————– Page 10———————–

Case No.

11. OTHER PERSONS. No other person has a right to the interest of the decedent in the described

property.

12. TAXES. No federal or Arizona estate tax is due on the person who died estate.

OATH OR AFFIRMATION

The contents of this document are true and correct under penalty of perjury.

Date

Signature of Person Making Affidavit

Printed Name

Signed and Sworn to or Affirmed before me this date: Date

(Seal/My Commission Expires)

Deputy Clerk of Court or Notary Public

© Superior Court of Arizona in Maricopa County Page 3 of 3 PBSE12f

March 13, 2009 Use only most current version

ALL RIGHTS RESERVED

ATP

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SELF-SERVICE CENTER

SMALL ESTATE AFFIDAVIT(S) OF TRANSFER

(instead of Probate)

PROCEDURES: WHAT TO DO AFTER YOU HAVE COMPLETED THE AFFIDAVIT:

1. To collect PERSONAL PROPERTY: Take the “Affidavit for Collection of All

Personal Property” to the person who has the personal property (cash, bank accounts,

stocks and bonds, cars, jewelry, etc.) of the person who died. If you are claiming title to a

motor vehicle, the motor vehicle division will transfer title to you upon payment of any

required fees.

You may also present the Affidavit to collect a debt owed to the person who died. If you

are the surviving spouse, you may also use the Affidavit to collect wages owed to the

decedent, of up to $5000.

It is not necessary to file any papers or pay any fees to the Court to use the Affidavit to

Collect Personal Property.

2. To claim an interest in REAL PROPERTY: Take the following documents to the

Probate Registrar at any of the Superior Court locations listed on the next page. Note

that there will be a fee to file for this process. As of July 11, 2011 that fee is $251.00.

Go online to http://goo.gl/CTFVG or the Self-Service Center for a list of current fees.

• Original Probate Cover sheet. (Mark #204 for “Affidavit of Succession to Realty”).

• Original “Affidavit for Transfer of Real Property Title” . If the estate was

previously opened, write the old probate case number on the affidavit.

• Original Will if one exists or a certified copy of the Will from the court of record.

• Certified death certificate.

• Copy of the closing statement if there was a probate in a county other than Maricopa

County.

File your papers with the Probate Registrar at any of the following Superior Court

locations:

PHOENIX: MESA:

Old Courthouse, 1st Floor 222 East Javelina Drive

125 West Washington 1st Floor

Phoenix, AZ 85003-2205 Mesa, AZ 85210-6201

NORTHWEST: NORTHEAST:

th Street

14264 West Tierra Buena Lane 18380 North 40

Surprise, AZ 85374 Phoenix, Arizona 85032

File the original Affidavit for Transfer of Real Property Title and the original will. If the

Probate Registrar determines that your Affidavit is complete, the Probate Registrar will

issue a certified copy of the affidavit.

You must then record the certified copy with the county recorder in the county

where the real property is located.

© Superior Court of Arizona PBSE10p-071111

ALL RIGHTS RESERVED Page 1 of 1

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