ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2116: small estate; affidavit; limits

Sponsor: Representative Carter N, LD 15

Committee on Commerce

Overview

Increases the monetary cap on the decedent's personal and real property that can be recovered by an affidavit.

History

Thirty days after the decedent's death, a successor to the decedent's estate may recover property by presenting an affidavit to a person indebted to the decedent or who has tangible personal property or an instrument evidencing an obligation to the decedent. The affidavit must state that:

1) 30 days have elapsed since the death of the decedent;

2) the value of the estate's personal property does not exceed $75,000 as of:

a) the date of death, and no pending petition for the appointment of a personal representative nor has a representative been appointed in any jurisdiction; or

b) the date of the affidavit, and the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed;

3) the claiming successor is entitled to payment or delivery of the property; and

4) the funeral expenses and expenses of the last illness of the decedent have been paid.

Not sooner than six months after the decedent's death, a person claiming as successor to the decedent's interest in real property may file in the applicable court an affidavit describing the real property and the interest of the decedent in such property. The affidavit must state that:

1) 6 months have elapsed since the death of the decedent;

2) the value of all real property in the decedent's estate located in this state does not exceed $100,000 as of:

a) the date of death, and no pending petition for the appointment of a personal representative nor has a representative been appointed in any jurisdiction; or

b) the date of the affidavit, and the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed;

3) funeral expenses, expenses of the last illness and all unsecured debts of the decedent have been paid;

4) the person or persons signing the affidavit are entitled to the real property by reason of the allowance in lieu of homestead;

5) no other person has a right to the interest of the decedent in the described property; and

6) no federal estate tax is due on the decedent's estate.

(A.R.S. § 14-3971)

Provisions

1. Increases the limit of the value of all personal property in a decedent's estate that can be claimed by a successor of a decedent through an affidavit, from $75,000 to $100,000. (Sec. 1)

2. Increases the limit of the value of all real property in a decedent's estate that can be claimed by a successor of a decedent through an affidavit, from $100,000 to $150,000. (Sec. 1)

5. ---------- DOCUMENT FOOTER ---------

6. HB 2116

7. Initials PB Page 0 Commerce

9. ---------- DOCUMENT FOOTER ---------