TOO SMALL FOR PROBATE
I frequently have people ask me
this question: Do I need to probate the
estate when my loved one had nearly nothing?
The answer is—like in nearly all
legal questions—it depends. When an estate
is small, Arizona will allow for mini-probates accomplished by affidavit called
a “Small Estate Affidavit.” To qualify for
probate by Small Estate Affidavit the estate and the person signing the affidavit
(“affiant”) must meet certain qualifications. There are two types of small
estate affidavits: (1) Real property,
and (2) Personal property.
Real Property
Small Estate Affidavit
1.
The affiant must be legally entitled to the
property.
2.
The value of all real property, less liens and
encumbrances, cannot exceed $75,000.00.
3.
There must be no probate application pending, or
it must be over one year from the closing of an estate or discharge of the
personal representative, or no personal representative has been appointed in
the past year.
4.
Six months must have passed from the decedent’s death.
5.
All funeral expenses, unsecured debt, and taxes
must be paid.
Personal Property
Small Estate Affidavit
To transfer personal property by Small
Estate Affidavit the estate and affiant must meet these qualifications:
1.
The affiant must be legally entitled to the
property.
2.
The value of all personal property, less liens
and encumbrances, cannot exceed $50,000.00.
3.
There must be no probate application pending, or
it must be over one year from the closing of an estate or discharge of the
personal representative, or that no personal representative has been appointed
in the past year.
4.
Thirty days must have passed from the decedent’s
death.
If you meet the above
requirements, a full probate may not be necessary. The best way to determine whether you qualify
to avoid probate is to discuss the estate with a qualified attorney.
