Mesa Attorney Assists with Arizona Small Estate Settlement
Firm provides counsel on the state’s simplified administration process
When people pass away in Arizona, their beneficiaries must often wait months or more for probate to conclude. However, the process can be simplified and accelerated if the value of what the decedent left qualifies as a small estate. At the Law Firm of Joseph M. Udall, PLC in Mesa, our attorney has over 30 years of experience handling estate matters, including providing guidance about avoiding probate through the small estate affidavit process.
What is a small estate?
Under Arizona law, a small estate is defined as one in which the decedent owned less than $100,000 in real estate equity or less than $75,000 worth of personal property. Personal property includes bank accounts, motor vehicles, cash, stocks, bonds, jewelry and other types of assets. Additionally, to be considered a small estate for the purpose of bypassing probate, there cannot be any liens or other creditor claims against the estate. We will help you determine whether your family member’s estate qualifies for this less cumbersome asset transfer process.
Benefits of a small estate
There are several benefits of the small estate process compared to standard probate. Heirs typically receive their inheritances much more quickly, and the procedure is less complex and less costly. Instead of going through a long court-supervised process, intended recipients of estate assets fill out a sworn affidavit declaring that they are rightful heirs. Even though this is a significantly less complicated procedure than formal probate, it is still a legal process with strict requirements. Our attorney can answer any questions you have and help you avoid mistakes.
How to transfer a small estate in Arizona
Administration of a small estate in Arizona requires the following steps:
Determine eligibility as a small estate — Ensure the estate meets the value requirements for personal and real property. To file a personal property affidavit, at least 30 days must have passed since the decedent’s death and at least six months must have passed for real estate.
Complete the appropriate affidavit — Complete the affidavit with the decedent’s name, asset list and the names of intended heirs. The document should also include a statement that there is no personal representative for the estate or that the representative has been discharged. If there is a will, you must be named in it to file an affidavit. If the decedent died intestate, you must be a surviving spouse, child, parent or sibling to file an affidavit and you have to state your relationship to the deceased.
- File the affidavit — You will file the affidavit with the probate court along with a copy of the will, if there is one, and the death certificate. For real estate, there will be additional documents you will need to file with the affidavit. All known heirs must receive notice of the filing. Once the court accepts the filing, the assets can be transferred.
While this process is simpler than administering an estate through probate, if forms are improperly completed or filed, they may be rejected. We will ensure that affidavits and any accompanying documents are correctly filled out and filed.
Contact a respected Mesa law firm for assistance with a small estate
When you have questions about small estate eligibility or about any facet of estate administration in Arizona, the Law Firm of Joseph M. Udall, PLC can help. Call (480) 500-1866 or contact us online to arrange a consultation with our experienced attorney at our Mesa office.
