When someone dies leaving a modest estate, full probate can feel like using a sledgehammer to crack a nut. Arizona provides a much lighter tool: the small estate affidavit. Under this procedure, an heir or successor can collect the deceased person's property by signing a sworn affidavit, without opening a probate case at all. Arizona recently raised the dollar limits substantially, so many more families now qualify than did just a couple of years ago. This guide explains the current thresholds, the two separate waiting periods, and how the process works.
What a Small Estate Affidavit Is
A small estate affidavit is a sworn document a successor uses to claim a deceased person's assets directly from whoever holds them, a bank, a transfer agent, or in the case of real estate the public record, without a court appointing a personal representative. It is authorized by A.R.S. 14-3971, and it is one of the simplest, cheapest ways to settle a modest estate in Arizona.1
Arizona treats personal property and real property differently, with separate thresholds and separate waiting periods for each. It is essential to understand both sets of rules, because an estate can qualify under one and not the other.
Personal Property: $200,000, After 30 Days
Personal property means everything that is not real estate: bank accounts, vehicles, investment accounts, wages owed, personal belongings, and similar assets. Under A.R.S. 14-3971, a successor can collect personal property by affidavit when the total value of all the personal property in the estate, less liens and encumbrances, does not exceed $200,000 as of the date of death. The affidavit for personal property cannot be used until at least 30 days have passed since the death.1
Personal property small estate affidavit:
- Value limit: $200,000 in personal property, net of liens.
- Waiting period: 30 days after death.
- Used to collect: bank accounts, vehicles, investment accounts, wages, personal belongings.
Real Property: $300,000, After 6 Months
Real property, meaning land and buildings such as a home, has its own higher threshold and a longer wait. Under A.R.S. 14-3971, a successor can transfer real property by an affidavit of succession when the total value of all the real property in the estate located in Arizona, less liens and encumbrances against it, does not exceed $300,000 as of the date of death. The real property affidavit cannot be filed until at least six months after death, and it must be recorded with the county recorder in the county where the property is located.1
Real property affidavit of succession:
- Value limit: $300,000 in Arizona real property, net of liens.
- Waiting period: 6 months after death.
- Must be recorded with the county recorder.
These figures reflect a significant increase that took effect in 2025, which raised the personal property limit from $75,000 to $200,000 and the real property limit from $100,000 to $300,000. The change means many Arizona estates that would previously have required probate can now be settled by affidavit.2
| Property type | Value limit | Waiting period | Extra step |
|---|---|---|---|
| Personal property | $200,000 | 30 days | Present affidavit to holder |
| Real property | $300,000 | 6 months | Record with county recorder |
What Qualifies and Who Can Sign
To use a small estate affidavit, several conditions generally must be met:
- The relevant value limit is not exceeded, valued as of the date of death and net of liens and encumbrances.
- The required waiting period has passed (30 days for personal property, six months for real property).
- No application or petition for the appointment of a personal representative is pending or has been granted, or the personal representative has been discharged.
- The person signing is entitled to the property, whether as a beneficiary under the will or as an heir under Arizona's intestacy law.1
Notably, the value thresholds look only at the assets that would otherwise pass through probate. Assets that already avoid probate, such as accounts with a named beneficiary, property held with right of survivorship, or a home covered by a recorded beneficiary deed, do not count toward the limits and can pass on their own.
Who Is Entitled to Sign
If there is a valid will, the beneficiary named in it is the person entitled to sign. If there is no will, Arizona's intestacy statute decides who inherits, and that heir is the one who may use the affidavit. Because the intestacy rules can surprise people, especially in blended families, it is worth confirming who actually stands to inherit before signing. You can preview the default result with the Arizona intestate succession calculator, and read more in our guide on dying without a will in Arizona.
How the Process Works
In practice, using a small estate affidavit looks like this:
- Wait out the required period (30 days or six months).
- Value the relevant property as of the date of death and confirm it is under the limit, net of debts against it.
- Prepare the affidavit, stating the required facts and your entitlement, and have it notarized.
- For personal property, present the affidavit (with a certified death certificate) to the bank or institution holding the asset. For real property, record the affidavit of succession with the county recorder.
When the Affidavit Will Not Work
The small estate procedure is not right for every estate. It cannot be used when the value exceeds the thresholds, when a personal representative has already been appointed and is still serving, or when the estate is contested. Larger or disputed estates need full probate. For an overview of that process, see our guide on how to write a will in Arizona, which explains naming a personal representative in advance to keep administration smooth.
Plan Ahead to Make It Even Easier
The best way to spare your family even the small estate process is to arrange your assets so they pass outside probate in the first place, through beneficiary designations, survivorship title, and a recorded beneficiary deed, backed by a clear will. Start by putting your wishes in writing with our Arizona will builder, then layer on the transfer tools that fit your estate.
Frequently Asked Questions
What are the small estate affidavit limits in Arizona?
Under A.R.S. 14-3971, up to $200,000 in personal property and up to $300,000 in Arizona real property, each measured net of liens as of the date of death. These raised limits took effect in 2025.
How long do I have to wait to use a small estate affidavit?
Thirty days after death for personal property, and six months after death for real property. The real property affidavit must also be recorded with the county recorder.
Do assets with named beneficiaries count toward the limit?
No. Assets that already avoid probate, such as accounts with a beneficiary, survivorship property, or a home under a recorded beneficiary deed, do not count toward the thresholds.
Who can sign a small estate affidavit?
The person entitled to the property: a beneficiary under the will, or, if there is no will, the heir determined by Arizona's intestacy law.
What if the estate is worth more than the limits?
Then the affidavit cannot be used and the estate must go through probate, either informal or formal depending on whether it is contested.
Sources
- 1A.R.S. 14-3971, Collection of personal property by affidavit; affidavit of succession to real property (Arizona State Legislature) (azleg.gov)
- 2Arizona's New Small Estate Affidavit Limits Under HB 2116 (Gottlieb Law) (gottlieblawaz.com)
- 3Arizona Increases Small Estate Limits: A.R.S. 14-3971 (Allen Law) (allenlawaz.com)
- 4Probate Shortcuts in Arizona (Nolo) (nolo.com)
About the author
Max Kuch
Max Kuch writes about estate planning, wills and inheritance for Arizona Last Will. He gathers the rules from the Arizona statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.