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 DUE

At any time after the date of death an affidavit may be presented to an employer stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and so long as an Application for probate proceeding is not pending, then the employer is obligated to turn over all wages due and payable up to $5,000.

PERSONAL PROPERTY AND 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 total value of the combined personal property value and indebtedness not exceed $50,000 and;

2) That there is not a probate proceeding pending in court.

AUTOMOBILES

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 for such debts and personal property don't have to be filed with the court. A Judge's signature isn't necessary, nor is the Probate Registrar's stamp needed for it to be legal. When giving the possessor of the asset an affidavit, it may also be wise to include a copy of the statute if there are any questions about the legality.

REAL ESTATE

After six months from the individual's death, beneficiaries may then file in a court where the deceased was domiciled at his/her time of death (or, if the deceased was not domiciled in Arizona, then file in the county where the real estate is located) an affidavit, subject to perjury penalties, describing the real estate and the deceased's interest in that real estate along with the following affirmations:

1) That there is not a probate proceeding underway regarding the decedent in any jurisdiction

2) That the property value, minus any encumbrances and liens, is no more than $75,000 in value at the date of death.

Property value is assessed by using the cash value as shown in the assessment rolls of the year when the individual died (unless there is debt secured by a lien on the real estate. In which case, the property value is set by the unpaid principal balance due on the individual's date of death.)

3) Expenses relating to the individual's last illness before death, the funeral costs and all unsecured debts have been paid off.

4) There is no other individual who has rights to the interest of the decedent.

5) No federal or Arizona estate tax is due on the decedent's estate.

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.

Affidavits of Success are simple and fast. They are an excellent option instead of probate and can be easily put together by an experienced certified legal document preparer or paralegal.