SUPERIOR COURT OF ARIZONA MOHAVE COUNTY In the Matter of the Estate of Case Number: ... the affidavit are entitled to the real property because (check the boxes that apply): I am decedent’s spouse and I am claiming the allowance in lieu of homestead ($18,000) exempt property ($7,000) and family allowance ($12,000). It is not necessary to file any papers or pay any fees to the Court to use the Affidavit to Also called an Affidavit of Heirship, this document provides a quick way for beneficiaries to establish ownership of real and personal property. I, _____, being first duly sworn, on oath depose and say: [Surviving Spouseor Person acting on behalf of Surviving Spouse] 1. Here are the requirements for using a small estate affidavit in Arizona: Personal property: To use an affidavit to claim personal property: the total value of the estate’s personal property must be less than $75,000; you must wait at least 30 days after death, and ; the estate must not be going through formal probate. Arizona statutes offer an alternative to avoiding probate by using an Affidavit of Succession to Real Property in cases in which the real property value does not exceed a certain value. Once the waiting period is over, the surviving spouse or heirs may file in the superior court in the county in which the decedent was domiciled at the time of his death, an affidavit describing the real property and the interest of the decedent in the property. Because Arizona is a community property state, there is no elective share in Arizona. 3. A surviving spouse has rights to certain allowances and exemptions under Louisiana law. Here is how “closest” relatives break down in the state of Arizona: If you die with a spouse, or a spouse with children common to that marriage, all assets go the spouse. Surviving Spouse Allowances and Exemptions. a certified copy of the Affidavit, which you must then record the certified copy of the Affidavit with the county recorder where the real property is located. Affidavit of Surviving Children—No Probated Estate ... (including adopted) but does not have a surviving spouse and either: IRAAFF 402770 (592545 Rev 04) 09-19 Page 2 of 4 2 SURVIVING CHILDREN (CONTINUED) Name of surviving child (frst, middle initial, last) Name of surviving child (frst, middle initial, last) Mailing addre ss . § 143971.A for the purp-ose of collecting wages, salary or other compensation from an employer of the decedent. COUNTY OF _____ BEFORE ME, the undersigned authority, personally appeared _____ _____, who, after being duly sworn as required by law, deposes and says: 1. It is generally faster because you avoid going through probate court. are the surviving spouse, you may also use the Affidavit to collect wages owed to the decedent, of up to $5000. At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000, on being presented an affidavit made by or on behalf of the spouse stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and … State . The Small Estate Affidavit(s) for Transfer of Property When a Person has Died, under $100,000 and up to $5000 in wages, is regulated in the State of Arizona pursuant to the A.R.S, § 14-3971.. A successor is the person(s) who is are entitled to the decedent’s property, a person with a legal right or legal standing. VENUE State ss. It is most often used when your spouse or family member dies without a … That this Affidavit is made for the protection and benefit of the surviving spouse, his/her successors, assigns and personal representatives and all others parties hereafter dealing with or who may acquire an interest in the above-described property. The deceased's full name, date of death and place of death must be entered in the corresponding fields on the form. An affidavit of death of spouse allows the surviving spouse to remove the deceased spouse’s name from joint credit cards, bank accounts, money market accounts, etc. An Affidavit of Death allows a surviving spouse to establish that their husband or wife has died and they are now the sole owner of any property that the couple held as co-trustors. IRS FORM W-9: Name and signature must match affidavit. The courts and the collectors of the estate both benefit from using this affidavit, especially when the collector is a surviving spouse. These assets automatically pass to their new owners without oversight from the probate court. AFFIDAVIT – DEATH OF SPOUSE (By surviving spouse succeeding to title to Community Property - Sec. 3. Arizona Revised Statutes §14-03971. Dated: _____ _____ State of California . A surviving spouse or heirs may also use an affidavit to acquire title to real estate, but must wait six months to do so. If the decedent has no descendants, or all of the decedent’s descendants are also descendants of the surviving spouse, the surviving spouse receives all of decedent’s separate property and decedent’s 1/2 of the community property. Right of Survivorship When a joint tenant dies, the right of survivorship means that the remaining joint tenants acquire the deceased joint tenant's ownership interest in the real estate. 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