Simplified Probate for Small Estates in Arizona
In general, when someone dies, the estate must go through probate which can be a complicated and lengthy process. But many states provide less complicated options for smaller estates.
Arizona law provides for simplified probate when the value of the entire estate less liens and encumbrances does not exceed the total value of the allowance in lieu of homestead, exempt property, family allowance, costs of administration, funeral expenses, and expenses of the last illness. The personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled to it, and then file a verified closing statement with the court.
Another option in Arizona for heirs or beneficiaries to inherit property is the use of an affidavit. The heirs or beneficiaries prepare an affidavit identifying the assets they are entitled to inherit. This option may be used when all real property in the decedent’s estate located in this state, less liens and encumbrances does not exceed $75,000 in real property. After a waiting period of 6 months, the beneficiaries simply present the affidavit to the holders of the decedent’s property and it will be transferred to them. In the case of personal property, there is no waiting period. The value of personal property, whevever located, may not exceed $50,000.