Affidavit for Collection of Personal Property

Affidavit for Collection of Personal PropertyIn Arizona a successor (heir entitled to inherit) or a beneficiary named under a Will can collect personal property left to him or her by an Affidavit procedure:

  • if the total value of all the personal property owned by the decedent at death does not exceed $75,000.00;
  • and if the Court has not appointed a Personal Representative;
  • and no appointment of a Personal Representative is pending.

An Affidavit procedure can also be used if more than one year has passed since a Closing Statement was filed for an estate or a Personal Representative discharged.

This Affidavit can be used to collect assets such as bank accounts, vehicles, stock, and debts due to the decedent.

  • See additional information below related to the collection of stock and transfer of titles on vehicles or mobile homes.
  • The Affidavit procedure to collect personal property can be used only if there is no court proceeding opened to appoint a personal representative or to probate a will and the  total value of all the personal property owned by the decedent at death does not exceed $75,000.00.
  • In some states this Affidavit is called a Small Estate Affidavit.
  • In Arizona it is called an Affidavit to Collect Personal Property.
  • This Affidavit can only be executed thirty days after the date of death.

The collection of stock involves more than the Affidavit:

  • You must transfer or redeem the stock through a stock transfer agent which typically requires a direction letter, company transfer forms or stock powers, sometimes new account forms and W-9 tax forms.
  • If stock has been lost, this requires additional documentation and fees.
  • Please check the investor or shareholder information sections on websites of the stock companies; or call the stock company for information about the company’s stock transfer agent and requirements.
  • Many of these transfer requirements are self-explanatory; others can become cumbersome and confusing.
  • Please be sure you understand and are comfortable with the process before purchasing an Affidavit document from the Form Library for this purpose. You can also contact Cautela Corporation for additional assistance with stock collection.

Transfer of title on a motor vehicle or mobile home. The Arizona Motor Vehicle Division (MVD) provides its own form of Affidavit to transfer titles in small estates.

  • The MVD Affidavit is free and its personnel can assist you with the form and the title transfer.
  • You will need to provide the MVD with the original title and an original death certificate.
  • If you cannot locate the original title, you can obtain a duplicate title by providing sufficient information to identify the vehicle or mobile home; this can often be found on registration or insurance documentation.
  • If there is a lien holder listed on the title, you must have or obtain a lien release in order to transfer the title; or, alternatively, you must obtain the written consent of the lien holder to transfer title and keep the lien in place.
  • A lien holder may or may not be cooperative; a lien holder also may want a successor to re-qualify for the balance of the loan and/or pay off the loan.

Before beginning the Questionnaire, please review the Checklist Information for affidavit procedures, to be sure the form provided in this Library will meet your circumstances. If you need additional assistance, please contact Cautela Corporation.

 

 

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