Transferring Arizona Personal Property Without Probate
In Arizona, probate may be avoided using a small estate probate Affidavit is the value of all of the deceased’s personal property is $75,000 or less. This means that instead of having to open a probate proceeding, a simple Affidavit may be used to transfer the deceased person’s personal property. Personal property includes items like clothing, furniture, jewelry, artwork, collectibles and vehicles. Arizona Revised Statues § 14-3971(B) states the requirements to transfer personal property via a small estate Probate Affidavit:
Any person indebted to the deceased person or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the deceased person shall make payment of the amount owed or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the deceased person upon being presented an affidavit made by or on behalf of the successor that states that all of the following are true:
- Thirty days have elapsed since the death of the decedent.
- Either:
(a) An application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all personal property in the deceased person’s estate, wherever located, less liens and encumbrances, is less than or equal to $75,000 as valued as of the date of death.
(b) A probate action has been started and the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all personal property in the decedent’s estate, wherever located, less liens and encumbrances, is less than or equal to $75,000 as valued as of the date of the affidavit.
Wages owed to the deceased person may also be transferred to the deceased person’s surviving spouse using this Affidavit. Arizona Revised Statues § 14-3971(A) states:
At any time after a person’s death, any employer owing wages, salary or other compensation for personal services of the deceased person must pay the deceased person’s surviving spouse the amount owed, less than or equal to $5,000, when presented an affidavit made by or on behalf of the spouse stating that the person signing the affidavit is the surviving spouse of the deceased person, or is authorized to act on behalf of the spouse, and that no application or petition for the appointment of a personal representative is pending or has been granted in Arizona or, if granted, the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed.
The person who signs the small estate probate Affidavit must state that all statements in the Affidavit are true and material and acknowledge that any false statement in the Affidavit may subject the person or persons to penalties relating to perjury and subornation of perjury.
