Experienced Arizona Ancillary Probate and Trust Attorney Arizona Ancillary Probate Lawyer Matthew L. Howell Attorney at Law
Arizona Real Estate Trust Attorney
Arizona Ancillary Probate Specialist


QUESTIONNAIRE

Please read over the questions below, then fill out the form at the bottom of the page,
describing your situation and we will get back to you promptly.

    I. ANCILLARY PROBATE

  1. Has a personal representative, executor, administrator, etc, been appointed by the court in the jurisdiction where the decedent who owned the Arizona real property was a legal resident (domiciliary)?


  2. If a personal representative has not been appointed in the decedent's domiciliary jurisdiction, does the Arizona probate real property qualify as a small estate?

    1. What year did the decedent die?


    2. Consulting the County Assessor's/Treasurer's tax statement for (all of) the real Arizona property(ies) that are subject to probate for the year in which the decedent died--what is the stated "full cash value" amount?


    3. If the "full cash value" is $75,000 or less then a small estate affidavit is available--skip to AFFIDAVIT FOR TRANSFER OF TITLE TO REAL PROPERTY IN III. below;


    4. If the "full cash value (from b. above) is over $75,000, but there is a mortgage or deed of trust or other lien balance due against the property--then subtract the date of death loan balance due from the full cash value; if the net figure is less than $75,000, then a small estate affidavit is available--skip to AFFIDAVIT FOR TRANSFER OF TITLE TO REAL PROPERTY IN III. below;


    5. If the small estate affidavit is not available under 2. c. or d. above, skip to INFORMAL PROBATE PROCEEDINGS in IV. below.


  3. II. PROOF OF AUTHORITY OF DOMICILIARY PERSONAL REPRESENTATIVE

  4. If a personal representative (executor) has been appointed by a court in the decedent's jurisdiction of residence, then the Arizona real estate can be probated in Arizona by enrolling that personal representative's documents of appointment - namely court certified copies of:

    (a) Order or Statement Of Probate; and

    (b) Letters of Personal Representative or Letters Testamentary or Letters of Administration, etc.


  5. III. AFFIDAVIT FOR TRANSFER OF TITLE TO REAL PROPERTY
                              (SMALL PROBATE AFFIDAVIT)


  6. All four of the following components are required to probate Arizona real property under the small estate affidavit:

    1. The decedent must have died 6 or more months before the procedure is started;


    2. The "full cash value" of the property (including that value less any date of death mortgage balance against that property) must be $75,000 or less;


    3. That either no (regular) probate proceeding is pending in any jurisdiction, or that more than 1 year has elapsed since a Closing Statement has been filed for that probate proceeding;


    4. The person(s) filing the affidavit must prove a legal right to the property--either as the beneficiary under the decedent's last will and testament; or as a decedent's statutory heir-at-law (closest next of kin) if the decedent died without a last will.


  7. The attorney will need the following documentaion (a) the decedent's original will, if any, (b) an original of the decedent's death certificate, (c) a copy of the (last vesting) deed    to   any  probate     property, (d)  a    copy of   the  Arizona property tax statement for the year the decedent died showing the property's "full cash value" and (e) the balance due on any mortgage or deed of trust against the property as of the decedent's death.

  8. IV. INFORMAL PROBATE

  9. If no personal representative or executor has been court appointed in the jurisdiction where the decedent died, and the property exceeds the $75,000 limit for a small estate, then an informal probate is required; the procedure is stated as follows:

    1. An application for informal probate must be filed;


    2. The decedent's last will and testament, if any, must be filed with the application;


    3. The applicant(s) must sign a statement that they understand the duties of being a personal representative;


    4. The applicant(s) must provide a copy of the probate documents to all estate interested parties;


    5. The applicant must sign the Letters of Personal Representative and Acceptance.


      No court hearing is required to file and administer an informal probate estate. However, if difficulties arise, a formal probate, requiring a court hearing, may be necessary.

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