Kierman Law Probate Litigation

Small Estate Administration

Arizona allows those without proper estate planning to avoid probate if the estate is small.

Small Estate Administration in Arizona is a simplified legal process used to handle the estate of a deceased person when the total value of their assets falls below a certain threshold. This process allows heirs or beneficiaries to bypass the traditional probate process, which can be time-consuming and costly. Small estate administration is a quicker, more cost-effective alternative for smaller estates that meet specific qualifications.

Arizona allows those without proper estate planning to avoid probate if the estate is small. A small estate is one that consists of less than $100,000 in real estate value or less than $75,000 in personal property. For example, small estate administration generally applies if the deceased owned real estate valued at less than $100,000 after taking into account any mortgage or debt on the property or less than $75,000 in cash.

If the estate qualifies for small estate administration, the personal representative or living heir need only to complete an Affidavit for Collection of All Personal Property and an Affidavit for Transfer of Title to Real Property. There are statutory time constraints associated with small estate administration. However, it is not cost prohibitive to take ownership of assets through the small estate process.

Benefits of Small Estate Administration

Small estate administration offers several key benefits, especially for families who wish to settle an estate quickly and without incurring large legal fees:

  1. Faster Resolution: The small estate process is typically much faster than the formal probate process, often allowing assets to be distributed within a few months.
  2. Lower Costs: With fewer court appearances and legal formalities, small estate administration is much more affordable than traditional probate.
  3. Simplified Process: The process involves less paperwork and fewer legal requirements, reducing stress for the heirs.

Kierman Law Can Help With Small Estate Administration

Navigating the legalities of small estate administration can be tricky, especially if you’re not familiar with Arizona probate law. If you are personally entitled to the personal or real property that belonged to the deceased and you have a legal right to collect the property, contact Kierman Law to determine if small estate administration can help you.

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