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Small estate affidavit in Arizona (2026)

In Arizona, heirs can collect up to $200,000 without probate with a sworn affidavit (Affidavit for collection of personal property (A.R.S. 14-3971(B))). You must wait 30 days after the death. Real estate: separate procedure (up to $300,000). Last checked .

Arizona at a glance

Affidavit cap
$200,000
Applies to
affidavits used on or after 2025-09-26 (Laws 2025, ch. 24, effective on the general effective date; the act has no date-of-death rule)
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Separate procedure (up to $300,000)
Court shortcut
Summary administration and closing by sworn statement (A.R.S. 14-3973, 14-3974)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Arizona cap for this date of death

    $200,000

    A worked example for Arizona

    Say a parent who lived in Arizona died on March 1, 2026, leaving $160,000 in a bank account in their name only and no house. $160,000 is within the $200,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in Arizona

    • The affidavit. The successor gives a sworn affidavit to anyone who owes the decedent money or holds the decedent's personal property. That person must pay or deliver to the successor. The affidavit is not filed with the court.
    • Cap. Personal property worth no more than $200,000 after liens and encumbrances.
    • What counts. All personal property in the estate, wherever located, less liens and encumbrances, valued at the date of death. Real property does not count toward this cap.
    • What doesn't count. Real property, which has its own $300,000 affidavit. A surviving spouse can also collect up to $5,000 in wages owed by an employer, at any time, by a separate spouse affidavit.
    • Earlier caps. $75,000: before 2025-09-26
    • Waiting period. At least 30 days must have passed since the death.
    • Conditions. No application or petition to appoint a personal representative is pending, and none has been appointed in any jurisdiction (or the representative was discharged, or more than one year has passed since a closing statement was filed). Funeral expenses and last-illness expenses must be paid.
    • Who can sign. A person claiming as successor (an heir, or a devisee under the will), or someone acting for the successor.
    • Court filing. The personal property affidavit is not filed with the court. It is presented to the holder, such as a bank or transfer agent.

    Houses, land and vehicles

    • Real estate. Affidavit of succession to real property. No sooner than 6 months after death, the successor files it with the court in the county of domicile, with a certified death certificate attached. Arizona real property must be worth no more than $300,000 less liens, based on the assessor's full cash value for the year of death. All unsecured debts, funeral and last-illness expenses must be paid. Signers must take as sole heirs, under a valid will (original attached or already probated), or through the homestead, exempt-property or family allowances; no other person may have a right to the property, and no federal estate tax may be due. The normal filing fee applies. The registrar issues a certified copy, which is recorded with the county recorder.
    • Vehicles. The Motor Vehicle Division must retitle a vehicle to the successor on presentation of the 14-3971(B) affidavit and payment of fees.

    When the affidavit isn't enough

    If a personal representative is appointed and the inventory shows the estate (less liens) does not exceed the family allowances, exempt property, administration costs, funeral costs and last-illness medical costs, the representative may distribute at once without notice to creditors. The estate is closed by a sworn statement. There is no fixed dollar cap.

    Good to know in Arizona

    • HB 2116 (Laws 2025, ch. 24, approved 2025-03-31) raised the caps from $75,000 to $200,000 (personal property) and from $100,000 to $300,000 (real property). It took effect on the 2025 general effective date, 2025-09-26.
    • Anyone receiving property by affidavit must answer for it to any later personal representative or anyone with a better right (A.R.S. 14-3972).
    • The real property affidavit says false statements may be punished as perjury.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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