Arizona Small Estate Affidavit: Form, Limits, and Filing Process

Arizona's small estate affidavit lets families collect a deceased person's assets without going through formal probate. After HB 2116 raised the limits in September 2025, far more estates now qualify. Here's how the two affidavits work, what the current limits are, and where people get tripped up.

Current Limits (A.R.S. § 14-3971, Updated September 2025)

Arizona provides two separate affidavits — one for personal property and one for real property. They operate independently.

Personal property affidavit:

• Limit: $200,000 (net of liens and encumbrances)
• Covers: bank accounts, vehicles, brokerage accounts, personal belongings, business interests
• Waiting period: 30 days after the date of death

Real property affidavit (Affidavit of Succession):

• Limit: $300,000 (net of liens and encumbrances)
• Covers: homes, land, condos — any real estate in Arizona
• Waiting period: 6 months after the date of death
• Valuation: uses the Full Cash Value from the county assessor's tax rolls for the year of death (not a private appraisal or Zillow estimate)

The net-of-lien calculation matters. A home assessed at $450,000 with a $200,000 mortgage has net equity of $250,000 — below the $300,000 cap, so it qualifies.

Personal Property Affidavit: How to Use It

This affidavit is not filed with any court. The successor:

1. Waits at least 30 days after death
2. Prepares a sworn affidavit stating their right to the assets (as heir, beneficiary, or personal representative named in the will)
3. Attaches a certified copy of the death certificate
4. Presents both documents directly to the institution holding the assets (bank, brokerage, MVD, employer)

The bank or institution is legally required to release the funds upon receiving a properly executed affidavit. If they refuse, the successor can petition the court to compel release.

No court filing. No probate case number. No attorney required.

Real Property Affidavit: How to File

The real property affidavit is more formal:

1. Wait at least 6 months after death
2. Prepare the Affidavit of Succession to Real Property
3. File it with the Clerk of the Superior Court in the county where the decedent lived
4. The court registrar reviews for compliance
5. Once accepted, the clerk issues a certified copy
6. Record the certified affidavit with the County Recorder to transfer title

Unlike the personal property version, this one goes through the court system — but it's an administrative filing, not a full probate proceeding. No hearing, no judge, no notice to creditors required.

What Counts Toward the Limit?

Only Arizona-located assets count toward each threshold. Out-of-state property is excluded from the calculation. Each threshold (personal and real) is calculated separately — you can use both affidavits on the same estate if both thresholds are met.

Assets that typically avoid probate entirely (not counted toward either threshold):

• Life insurance with a named beneficiary
• Retirement accounts (IRA, 401k) with named beneficiaries
• Bank accounts with payable-on-death (POD) designations
• Property held as joint tenancy or CPWROS
• Property covered by a recorded beneficiary deed
• Assets in a revocable living trust

When the Small Estate Affidavit Won't Work

• Assets exceed the threshold — even by $1 over the limit, you need formal probate
• Contested claims — if heirs disagree about who's entitled, the affidavit process breaks down (institutions refuse to release when there's a dispute)
• Active creditor claims — if creditors file claims against the estate, the informal process is inadequate
• Multiple real properties — the combined net equity of all Arizona real estate must stay under $300,000
• The will is contested — any challenge to the will's validity forces formal probate

Common Mistakes

Using an old threshold. Prior to September 2025, the limits were $75,000 personal / $100,000 real. Many online forms and attorney websites haven't updated. The current limits are $200,000 / $300,000.

Using market value instead of assessed value. For real property, only the county assessor's Full Cash Value matters — not Zillow, not a realtor's opinion, not an appraisal.

Filing too early. The 30-day and 6-month waiting periods are mandatory. An affidavit executed before the waiting period expires is void.

Forgetting about the decedent's debts. The affiant (person signing) assumes personal liability for the decedent's debts up to the value of the assets received. You can't pocket $150,000 from a bank account and ignore $50,000 in credit card debt.

Should You Plan Around the Small Estate Affidavit?

The small estate affidavit is a safety net for estates that failed to plan ahead — not a planning strategy. It requires a 6-month wait for real property, exposes you to personal liability for debts, and doesn't work if anyone contests the distribution.

Proactive tools (beneficiary deeds, CPWROS, POD designations) transfer assets immediately at death with zero waiting period, zero court involvement, and zero personal liability. The Arizona Basic Estate Planning Kit walks you through setting up these transfers so your family never needs to rely on the affidavit process.

See more Arizona guides →