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Small Estate Affidavits

Collecting Property After a Death Occurs

An affidavit is a sworn statement that confirms that certain information is true. This type of statement can be used as evidence in court. Small estate affidavits are such sworn statements that individuals make promising that they qualify to receive limited amounts of real property or personal property owned by a deceased individual. The affidavit must be signed before a notary public and filed with the probate registrar with the required filing fee. Title companies and banks use small estate affidavits along with other documents in order to verify that they are transferring property to the right individuals. Using this method can be a cost-effective alternative to opening a probate of the decedent's estate with the court.

Each state has its own requirements for when a person can use a small estate affidavit. At Grant N. McKeehan, PLC, you are able to work with an experienced Scottsdale estate planning lawyer who can help understand whether you qualify for this option under Arizona law.

Arizona Small Estate Affidavit Requirements

The Superior Court of Arizona has outlined the criteria a person must meet in the state of Arizona in order to use a small estate affidavit for claiming property or a deceased person. Those criteria include (but are not limited to) the following:

  • The value of all personal property in the estate may not exceed $75,000 (minus any liens and encumbrances), and at least 30 days must have passed since the death of the owner of the property.
  • If the property is real property (or real estate), the value of all real property in the estate (minus any liens and encumbrances) may not exceed $100,000, and at least six months must have passed since the death of the owner of the property. A certified copy of the affidavit must be recorded.

Who is eligible to use a small estate affidavit?

A person can claim property using a small estate affidavit if he or she was named in the deceased person's will as a devisee. If the person who died did not have a will, the decedent's heirs may use the small estate affidavit.

Scottsdale Trusts & Estates Attorney Providing Assistance

Using the small estate affidavit approach can minimize the need for heirs and devisees to have their claim to property validated through a probate court proceeding . Attorney Grant McKeehan can help you determine whether you qualify to use a small estate affidavit for your property claim. If you do qualify, he can provide you with step-by-step guidance for filing the affidavit and collecting any additional documentation that needs to be submitted. Contact Grant N. McKeehan, PLC to receive the assistance you need!

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Grant N. McKeehan, PLC - Scottsdale Estate Planning Attorney
Located at 4204 North Brown Avenue Scottsdale, AZ 85251. View Map
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