Estate Planning
Do I need a Will or a Trust?
A person may transfer/collect decedent's personal and/or real property by Affidavit if:
- The decedent’s PERSONAL PROPERTY (cash, stocks, furnishings, cars, ) has a total value of less than $75 ,000.00 and at least 30 (thirty) days have passed since the date of death, OR
- The decedent’s REAL PROPERTY (home, land, permanent buildings) has a total equity value (market value less liens and encumbrances) of less than $100,000.00 and at least 6 (six) months have passed since the date of death.
- You are the surviving spouse, and you want to use the Affidavit to Collect Personal Property to collect wages of up to $5000 owed to the decedent, AND/OR
You are name in a Will to receive the property and you call prove it; or The person who died did not have a will but you are related to the decedent as:
- Surviving Spouse, or
- Child, if there is no surviving spouse- or there is, but he or she is not your parent and your parent, the decedent, had separate or community property, or
- Parent, if there is no surviving spouse or child, orBrother or Sister, if there is no surviving spouse or child or parent, AND
If there are people with equal or greater right than you to the property, they have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit. Arizona Probate Services will, if needed, prepare the necessary assignments with appropriate signature/notary lines, etc.
Will, Trust, and Power of attorney….
It is the least thing you can do to help your loved one to manage the difficult time of losing you and knowing what to do with your remaining assets and last wishes.
Do you know whom you would entrust the tasks when you are not here anymore? Check the intake form and it will take you through the process of determine whom are the proper Personal Representative for you.
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