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What is a small estate affidavit?

A small estate affidavit is a form one can complete to speed settlement of a small estate through probate. It eliminates the need for a spouse or family members to go through a formal probate process supervised by the courts in the distribution of a loved one's property to creditors and heirs.

Do all estates have to go through probate in Arizona?

Probate is required by Arizona law unless all of a decedent's assets are placed in trust or the decedent has listed beneficiaries for all their assets. However, Arizona has a more straightforward, streamlined probate process for smaller estates.

How do I file a small estate affidavit in Arizona?

Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets.

Who initiates probate in AZ?

12. Who May Initiate a Formal Arizona Probate? Any interested person may file a petition with the Superior Court to initiate an Arizona formal probate. A petition for a formal probate may be filed even if an informal probate was previously opened.

How much does a small estate affidavit cost in Texas?

People then fill out a form without reading the statute and or understanding Texas intestacy law. They pay a $232 filing fee and expect approval.

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