Small Estate Affidavits in Yavapai County Superior Court
This guide explains what small estate affidavits are in Arizona and provides directions on how to find and fill out the form provided by the Yavapai County Superior Court.
When can you use an affidavit to transfer non-real estate property without filing in probate court?If the deceased person has less than $75,000 in assets (that are not real estate), you can use an Affidavit for Collection of Personal Property, also known as a small estate affidavit.
Where do you find the form for the small estate affidavit in Yavapai County (Prescott or Cottonwood)The Yavapai County Superior Court Self-Service Center has a form packet for the small estate affidavit, available for free online, at http://courts.yavapai.us/selfservicecenter/probate-small-estate-transferspersonal-propert-not-to-exceed-50000/
What should I do if the bank or the company won't accept the affidavit?Sometimes a bank or a financial company won't accept the affidavit and insists on having you file in probate court. If this happens, record the original affidavit with the Yavapai County Recorder's Office (it should cost less than $15) and then get a certified copy (which should cost less than $10) after the recorded document is available. Then provide the certified copy of the recorded document and a copy of the statute to the bank or company. If that does not work, if you have a will, you should file it as an informal probate in Yavapai County Superior Court ($153); if you do not have a will, you can also file the affidavit in Yavapai County Superior Court (also currently costs $153).