✓ Verified June 2026
This guide explains the Arizona small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).
In This Arizona Guide:
Arizona Small Estate Eligibility at a Glance
Here are the exact rules for using a Arizona small estate affidavit:
| Small estate affidavit limit | 200000 for personal property; 300000 for real property (equity, less liens and encumbrances) (effective September 26, 2025 (HB 2116, signed March 31, 2025; applies to affidavits filed on or after September 26, 2025; prior limits were 75000 personal property and 100000 real property)) |
| Real estate excluded? | NO — Arizona is one of the states that INCLUDES real property in the small-estate affidavit process. Real property with equity up to 300000 (less liens and encumbrances) may be transferred by affidavit of succession under A.R.S. § 14-3971. This is a separate affidavit from the personal-property affidavit, with a longer waiting period. |
| Waiting period after death | 30 days after death for the personal-property affidavit; 180 days (6 months) after death for the real-property affidavit of succession |
| Summary probate threshold | Arizona has a summary administrative procedure under A.R.S. § 14-3973. It applies when the entire estate value (less liens and encumbrances) does not exceed the combined total of the allowance in lieu of homestead (18000), exempt property (7000), family allowance (up to 12000), costs and expenses of administration, reasonable funeral expenses, and reasonable last-illness medical expenses. There is no single fixed dollar cap — the threshold is formula-based, but the statutory allowances alone total roughly 37000 before administration and medical costs are added. |
| Transfer-on-death (TOD) deed allowed? | YES — Arizona allows a beneficiary deed (Arizona’s version of a transfer-on-death deed) under A.R.S. § 33-405. The property owner signs and records the deed with the county recorder during their lifetime, naming one or more beneficiaries. At the owner’s death, the property transfers automatically to the named beneficiary without probate. The deed is revocable at any time before death. Arizona was an early adopter of beneficiary deeds (enacted 2001). |
How to File a Arizona Small Estate Affidavit
For personal property: (1) Wait at least 30 days after the decedent’s death. (2) Confirm that the total value of all personal property in the estate, less liens and encumbrances, does not exceed 200000. (3) Confirm that funeral expenses and last-illness expenses have been paid.
(4) Confirm that no application or petition for appointment of a personal representative has been filed or is pending in any jurisdiction, or that any appointed personal representative has been discharged or a closing statement was filed more than one year ago. (5) Prepare a small estate affidavit stating the successor’s right to the property (by will, intestate succession, allowance in lieu of homestead, exempt property, or family allowance).
(6) Attach a certified copy of the death certificate. (7) Present the affidavit directly to the person, bank, or institution holding the decedent’s property — no court filing is required for personal property. (8) The holder must then pay or deliver the property to the successor. For real property: (1) Wait at least 6 months after the decedent’s death.
(2) Confirm that the equity in all Arizona real property (assessed value less liens and encumbrances) does not exceed 300000. (3) Prepare an Affidavit of Succession to Real Property. (4) File the affidavit, along with a Probate Cover Sheet, Probate Information Form, and a certified copy of the death certificate, with the superior court in the county where the decedent was domiciled at death.
(5) Also record the affidavit with the county recorder in the county where the property is located. (6) If the court finds the affidavit sufficient, the property title transfers to the successor without formal probate.
Who can file in Arizona: Any “successor” of the decedent may file. Under A.R.S. § 14-3971, a successor includes any person entitled to the property by: (1) the decedent’s valid will (devisees), (2) intestate succession (heirs at law), (3) allowance in lieu of homestead, (4) exempt property allowance, or (5) family allowance.
If multiple successors exist, any one of them may present the affidavit, but the affidavit must state the affiant’s entitlement. There is no requirement that the successor be an Arizona resident.
Other Ways to Avoid Probate in Arizona
(1) Joint tenancy with right of survivorship — property held in joint tenancy passes automatically to the surviving joint tenant(s) at death, outside probate. (2) Community property with right of survivorship — married couples in Arizona (a community property state) may title assets as community property with right of survivorship under A.R.S. § 33-431, causing the deceased spouse’s share to pass directly to the surviving spouse.
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
(3) Payable-on-death (POD) and transfer-on-death (TOD) designations — bank accounts, brokerage accounts, and securities may name a POD or TOD beneficiary to pass outside probate. (4) Beneficiary designations on life insurance, retirement accounts (IRAs, 401(k)s), and annuities pass directly to named beneficiaries. (5) Revocable living trust — assets transferred into a properly funded revocable living trust during the owner’s lifetime avoid probate entirely and also provide for incapacity management.
(6) Multi-party bank accounts under A.R.S. § 14-6212 may pass to surviving parties without probate.
Other Arizona small-estate rules: (1) Arizona’s small-estate affidavit covers BOTH personal property AND real property — many states exclude real estate from their small-estate affidavit process. (2) The personal-property affidavit does NOT require court filing — the successor presents it directly to the holder of the property (bank, employer, etc.). The real-property affidavit DOES require filing with the superior court.
(3) Motor vehicles have a specific provision: for vehicles, the successor may use the affidavit to transfer title at the Arizona MVD, or alternatively use the MVD’s own successor/heir process. (4) Under A.R.S. § 14-3972, a person who pays or delivers property based on the affidavit in good faith is discharged from liability, giving banks and institutions confidence to honor the affidavit.
(5) Arizona is a community property state — a surviving spouse’s community property share (typically 50%) is already theirs and does not pass through probate, which may reduce the estate value below the small-estate threshold. (6) The 200000/300000 thresholds enacted by HB 2116 (effective September 26, 2025) represent a significant increase from the prior 75000/100000 limits, which had not been updated in many years.
(7) Arizona has no state estate tax or inheritance tax.
Understanding the Arizona Small Estate Affidavit
A Arizona small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact Arizona threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a Arizona small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.
Your state court’s self-help center publishes the official Arizona small estate affidavit form and the current dollar limit.
You May Also Like
Official Arizona Sources & Resources
- Arizona Court Self-Help: https://www.azcourts.gov/selfservicecenter/Forms (Arizona Judicial Branch Self-Service Center — probate forms including small estate affidavit forms); also https://superiorcourt.maricopa.gov (Maricopa County Superior Court provides county-specific small estate affidavit packets)
- Arizona Small Estate Statute: https://azleg.gov/ars/14/03971.htm (A.R.S. § 14-3971 — Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property); https://www.azleg.gov/ars/14/03973.htm (A.R.S. § 14-3973 — Small estates; summary administrative procedure); https://www.azleg.gov/ars/33/00405.htm (A.R.S. § 33-405 — Beneficiary deeds)
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Arizona small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.
More Arizona Wills & Probate Guides
- Arizona Wills & Estate Planning
- Arizona Probate Process
- Dying Without a Will in Arizona
- Arizona Estate & Inheritance Tax
- Arizona Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.