Small Estate Affidavit in Arizona: When You Can Skip Probate
Arizona lets many smaller estates transfer property without opening a formal probate case, using a sworn document called a small estate affidavit. Whether a particular estate qualifies depends on the type and value of the assets and on specific waiting periods. Because the dollar thresholds were raised significantly in 2025, many more Arizona families now fall within the affidavit process than did before — but the rules about timing and the two separate property categories still apply.
The dollar limits (raised in 2025)
Under A.R.S. §14-3971, Arizona recognizes two separate affidavit procedures. Personal property — bank accounts, vehicles, and personal belongings — can generally pass by affidavit when the total value of the estate’s personal property is $200,000 or less. Real property — a home or land — can pass by a separate affidavit when the deceased person’s equity in Arizona real property is $300,000 or less, after subtracting liens and encumbrances.
Those thresholds were raised by House Bill 2116, and they apply to affidavits filed on or after September 26, 2025. For affidavits filed before that date, the older limits applied (personal property up to $75,000 and real-property equity up to $100,000). If a death occurred earlier but the affidavit is being prepared now, the date that matters for determining which threshold applies is the filing date of the affidavit, not the date of death.
Personal property and real property are separate tests
The two limits are independent. An estate can qualify under one procedure but not the other — for example, an estate with $50,000 in a bank account but $250,000 of equity in a home would meet the personal-property limit but not the real-property limit.
Where the estate exceeds the applicable threshold, or where there are disputes among heirs, the affidavit route will not work and the estate typically needs informal (or, less often, formal) probate. Confirming the current figures and which category each asset falls into is the necessary first step before relying on an affidavit.
The waiting periods
Timing matters as much as value. For the personal-property affidavit, Arizona generally requires that at least thirty days have passed since the death. For the real-property affidavit, the wait is longer — at least six months — and the affidavit is recorded with the Superior Court in the county where the property is located.
These waiting periods exist so that creditors and other interested parties have an opportunity to come forward. Jumping the gun on the timing is a common reason an affidavit runs into trouble, which is why the death date and the filing date should both be confirmed before the document is prepared.
When the affidavit is not enough
Even when the dollar limits are met, the affidavit is not always the right tool. If the estate is larger than both thresholds, if title to real estate is cloudy, or if heirs disagree about who should receive what, a formal probate proceeding may be necessary to resolve those questions cleanly.
The affidavit is also a sworn document, which means the person signing it is attesting to the facts under penalty of perjury. For straightforward, undisputed estates that fall within the limits and the waiting periods, the small estate affidavit is a genuine alternative to probate — but it is not a substitute for confirming the current rules and applying them to the specific estate at hand.
Attorney review pending. This page is published as general legal information and has not yet been reviewed by a licensed Arizona attorney.
Important
- This is general legal information, not legal advice, and does not create an attorney-client relationship.
- Estate-planning rules and dollar thresholds change; confirm current Arizona law for your situation.
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