Arizona Small Estate Affidavit
The New $200k / $300k Rules
Arizona just made it much easier to avoid probate. Learn how the new 2026 limits allow you to claim assets without a judge.
Legal Note: Legal Note: This guide reflects the major changes from House Bill 2116... Verify exact effective dates with the Superior Court. This guide is for general educational purposes only and does not constitute legal advice.
A Massive Win for Arizona Families
For decades, Arizona's "Small Estate" limits were stuck at $75,000 for personal property and $100,000 for real estate. In today's housing market, that meant almost everyone had to go to probate court.
That has finally changed. With the passage of House Bill 2116, Arizona lawmakers have dramatically raised the ceiling. This means thousands of estates that formerly required expensive lawyers can now be settled with a simple piece of paper.
The New 2025/2026 Limits
Under the revised Arizona Revised Statutes (A.R.S.) § 14-3971, there are two separate affidavits you can use. You can use BOTH if the estate qualifies for both.
Cash, Cars, Stocks, Jewelry
Homes, Land (Net Value)
1. The "Personal Property" Affidavit
This affidavit is for everything that isn't land. Bank accounts, the final paycheck, vehicles, household furniture, and stocks.
The Rules:
- Value Limit: The total value of all personal property (minus liens like a car loan) must be $200,000 or less.
- Waiting Period: You must wait 30 days after the death.
- No Probate: No one can have applied to be the Personal Representative (Executor).
How to use it: You fill out the "Affidavit for Collection of All Personal Property," get it notarized, and hand it to the person holding the asset (like the Bank Manager or DMV clerk). They are legally required to hand over the property to you. You do not file this with the court.
2. The "Real Property" Affidavit
This is for transferring the house. It works differently than the personal property form because it MUST be filed with the court.
The Rules:
- Value Limit: The "Net Equity" must be $300,000 or less.
(Formula: Market Value - Mortgage Balance = Equity).
Example: A $500,000 house with a $250,000 mortgage has $250,000 equity. This qualifies! - Waiting Period: You must wait 6 months after the death. This is to give creditors time to come forward.
- Filing: You file the "Affidavit for Transfer of Title to Real Property" with the Superior Court Registrar and pay a filing fee (approx $270).
- Recording: Once the Registrar certifies it, you record it with the County Recorder. This acts as the Deed.
Step-by-Step Guide
Calculate the Value
Get bank statements and a Zillow/Redfin estimate (or tax appraisal) for the house. Subtract debts on the property to find equity.
Check for Beneficiaries
Assets with a "Beneficiary" (POD/TOD) or held in a Trust do NOT count toward these limits. They transfer automatically. Only count "Probate Assets."
Wait the Required Time
30 days for cash/cars. 6 months for the house. Do not sign the affidavit before this deadline.
Notarize & Collect
Sign in front of a notary. For personal property, go to the bank. For real estate, go to the Court.
Common Questions
What if the debts are higher than the assets?
If the estate is insolvent (debts > assets), you should be very careful. By signing the affidavit, you are agreeing to pay the decedent's debts up to the value of the property you received. You might be better off walking away or consulting a lawyer.
Can I use this if there is a Will?
Yes! The affidavit process can be used whether there is a Will or not. If there is a Will, you must give a copy to whoever receives the property. The Will tells you who gets the assets; the Affidavit is just the tool to move them.
Do I need a lawyer to file?
For the Personal Property Affidavit, definitely not. You can do it yourself.
For the Real Property Affidavit, it is recommended to have a lawyer review it, because if you mess up the legal description, you could cloud the title to the house.
Estate Too Large?
If assets exceed $200k/$300k, you likely need Informal or Formal Probate. Use our calculator to estimate the executor and attorney fees.
Legal Disclaimer: FinanceSmartUSA is an independent publisher. The limits ($200k Personal / $300k Real) refer to the amended ARS § 14-3971 (HB 2116). Laws change frequently. Always verify current limits with the Arizona Superior Court.
