Small Estate Affidavits

Many times, if probate is to be avoided, a Small Estate Affidavit is going to be necessary to transfer assets from the Decedent (name given the deceased) to another person.  Most frequently the Small Estate Affidavit is required at a Bank, Financial Institution, Investment Company or the Department of Motor Vehicles.

While in certain instances a Small Estate Affidavit can avoid Probate, there are many criteria which must be met in order for it to be used.  Even more specifically, each individual agency is going to have certain criteria which must be met in order for the affidavit to be used, and in many cases that criteria is different at each place.

EXAMPLES:

A Small Estate Affidavit used by one Bank will be different than the affidavit which is used by another Bank or other Financial Institution.

A Small Estate Affidavit used in a Bank will be different than the affidavit which is used by the Department of Motor Vehicles.

It is often helpful to visit with an experienced Probate attorney whom is familiar with the drafting of Small Estate Affidavits and can help you be certain that your affidavit will meet the requirements of the agency for whom it is prepared and which will avoid the common legal pitfalls.

As a note, often times attorneys will visit with you about a Small Estate Affidavit in a free consultation. Understanding how Arizona Law governs the passing of a persons property to others is crucial to understanding the process of using a Small Estate Affidavit.

This office ALWAYS does a free consultation regarding SMALL ESTATE AFFIDAVITS to help you understand and determine if the SMALL ESTATE AFFIDAVIT will work your particular situation.