Arizona Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Collection of personal property by affidavit (Small Estate Affidavit — personal property)

Presented directly to the institution holding the asset — no court filing

Dollar limit

• $200,000 — applies to affidavits presented under current law (keyed to the presentation date, not the date of death)

What counts toward the limit: Value of ALL personal property in the decedent's estate, wherever located, less liens and encumbrances, valued as of the date of death. IMPORTANT: Arizona's HB 2116 (2025) threshold increase is keyed to the date the AFFIDAVIT is presented, not the date of death — affidavits presented on or after 2025-09-26 use $200,000; before that date the limit was $75,000 (see specialNotes). The single tier above reflects current law for any affidavit presented today.

Waiting period

30 days from the date of death before the procedure can be used.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

None — presented directly to the person/entity holding the asset (bank, employer, transfer agent, MVD). Not filed with a court.

Official form

Small Estate Affidavit for Transfer of Personal Property (county self-service packet; AOC-pattern form) (Maricopa PBSE / Pima Form 1 (varies by county))

Statute

A.R.S. § 14-3971(B)

Transfer of real property by affidavit (Small Estate Affidavit — real property)

Filed with the court

Dollar limit

• $300,000 — applies to affidavits presented under current law (keyed to the presentation date, not the date of death)

What counts toward the limit: Value of all real property interests in the decedent's estate located in Arizona, less liens and encumbrances against the real property, valued as of the date of death. Same HB 2116 applicability caveat as personal property: $300,000 applies to affidavits filed on or after 2025-09-26; previously $100,000.

Waiting period

180 days from the date of death before the procedure can be used.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

Filed in the superior court of the county of the decedent's domicile, or if the decedent was not domiciled in Arizona, the county where the real property is located. Certified copy is then recorded with the county recorder.

Official form

Affidavit of Transfer of Title to Real Property (county self-service packet) (Maricopa PBSE-series / Pima Form 1 (varies by county))

Statute

A.R.S. § 14-3971(E)

Who inherits without a will in Arizona

Arizona’s intestacy statute (A.R.S. §§ 14-2102, 14-2103) controls when there is no will.

Spouse, no descendants

Surviving spouse takes the entire intestate estate (both separate property and the decedent's half of community property) if there are no surviving issue.

Spouse and descendants

COMMUNITY PROPERTY STATE. If all surviving issue are also issue of the surviving spouse: spouse takes the entire intestate estate. If any surviving issue are NOT issue of the surviving spouse: spouse takes one-half of the intestate SEPARATE property and NO interest in the decedent's one-half of the community property (that half passes to the decedent's issue).

Descendants only

If no surviving spouse: entire estate to the decedent's descendants by representation (A.R.S. § 14-2103); then to parents equally (or surviving parent); then to descendants of parents by representation; then half to paternal grandparents/their descendants and half to maternal grandparents/their descendants (all to one side if the other has no takers).

A.R.S. § 14-2103 order confirmed from official text at https://www.azleg.gov/ars/14/02103.htm.