Arizona Small Estate Affidavit: How to Avoid Probate

Arizona lets families skip probate for small estates by signing a sworn affidavit instead of opening a court case. The law has two separate procedures, one for personal property and one for real property, and each has its own dollar limit, waiting period and requirements.

This article answers eight questions about Arizona's small estate affidavits under A.R.S. §14-3971: how the procedure works, the current dollar limits, transferring a house, a bank account or a car, how long to wait, whether you need a lawyer, and what happens when an estate is too large to qualify.

Questions Answered in This Article

• What is the Arizona small estate affidavit procedure?
• What is the maximum estate value that qualifies for Arizona's small estate affidavit?
• How long must I wait before using an Arizona small estate affidavit?
• Can I transfer an Arizona house without probate using a small estate affidavit?
• How do I transfer a deceased person's bank account without probate?
• How do I transfer a deceased person's car title in Arizona?
• Do I need a lawyer to prepare an Arizona small estate affidavit?
• What happens if an estate exceeds Arizona's small estate affidavit limits?

How Arizona Small Estate Affidavits Work

What is the Arizona small estate affidavit procedure?

Arizona's small estate procedures let the people entitled to a deceased person's property collect it without a probate court appointing a personal representative. There are two affidavits.

Affidavit for collection of personal property (A.R.S. §14-3971(B)). Thirty days after death, a person claiming to be the successor presents a signed affidavit to whoever holds the decedent's property, such as a bank, brokerage firm, transfer agent or the Motor Vehicle Division. The affidavit swears that:

• Thirty days have passed since the death.
• No application or petition to appoint a personal representative is pending or has been granted in any jurisdiction.
• The value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000 as of the date of death.
• The affiant is entitled to the property.
• The funeral expenses and expenses of the last illness have been paid.

The holder must then deliver the property. This affidavit is not filed with the court.

Affidavit of succession to real property (A.R.S. §14-3971(E)). Six months after death, the heirs or devisees file an affidavit with the Superior Court in the county where the decedent lived (or where the property is located, for a nonresident). After the court's registrar confirms the affidavit is complete, the court issues a certified copy, which is recorded with the county recorder where the property is located (A.R.S. §14-3971(F)).

A person who receives property under an affidavit is answerable for it to anyone with a superior right (A.R.S. §14-3972), so the affidavit should be accurate and the property should go to the people legally entitled to it.

What is the maximum estate value that qualifies for Arizona's small estate affidavit?

The current limits are:

• $200,000 for the total value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, valued as of the date of death (A.R.S. §14-3971(B)).
• $300,000 for the total value of all real property in the decedent's estate located in Arizona, less liens and encumbrances, valued as of the date of death (A.R.S. §14-3971(E)).

Key valuation rules:

• Only probate assets count. Life insurance, retirement accounts and annuities with living beneficiaries, POD and TOD accounts, joint tenancy and community property with right of survivorship, beneficiary deed property and trust assets are excluded.
• Real property uses the assessor's value. The value of the decedent's interest in real property is determined from the full cash value shown on the county assessor's rolls for the year the decedent died, not an appraisal or a market estimate. The unpaid mortgage balance is subtracted.
• Debts secured by real property that the decedent owned as a lender count at the unpaid principal balance.
• The two limits are separate. An estate can have up to $200,000 of personal property and up to $300,000 of Arizona real property and use both affidavits.
• Partial ownership counts at the decedent's share. If the decedent owned one-half of a property as a tenant in common, only that interest is counted.

These limits were raised in 2025 from the long-standing $75,000 personal property and $100,000 real property limits, so older articles and forms may show the outdated numbers.

How long must I wait before using an Arizona small estate affidavit?

The waiting periods are different for the two affidavits.

• Personal property: 30 days. The affidavit for collecting bank accounts, vehicles, securities and other personal property can be used 30 days after the date of death (A.R.S. §14-3971(B)).
• Real property: six months. The affidavit of succession to real property cannot be filed until six months after the date of death (A.R.S. §14-3971(E)).

A separate rule lets an employer pay up to $5,000 of a deceased employee's wages or other compensation to the surviving spouse on an affidavit at any time after the death, with no waiting period (A.R.S. §14-3971(A)).

Before signing either affidavit, the required debts must also be paid: funeral and last-illness expenses for the personal property affidavit, and funeral, last-illness and all unsecured debts for the real property affidavit.

There is no deadline after which the small estate affidavits become unavailable. They can be used years after death, which makes them useful when a family discovers an old account or a house that was never transferred.

Transferring a House, Bank Account or Car Without Probate

Can I transfer an Arizona house without probate using a small estate affidavit?

Yes, if the house qualifies. The affidavit of succession to real property under A.R.S. §14-3971(E) can transfer a house, condo or land when all of these requirements are met:

• At least six months have passed since the death, shown by a certified death certificate attached to the affidavit.
• No personal representative has been appointed and no application is pending (or a prior personal representative has been discharged, or a year has passed since a closing statement was filed).
• The value of all of the decedent's Arizona real property, less liens, does not exceed $300,000, using the assessor's full cash value for the year of death.
• The funeral expenses, last-illness expenses and all unsecured debts of the decedent have been paid.
• The people signing are entitled to the property as the sole heirs under intestacy, as devisees under a valid will (with the original will attached or already probated), or through the homestead allowance, exempt property or family allowance.
• No other person has a right to the decedent's interest in the property.
• No federal estate tax is due.

The signers swear to these facts under penalty of perjury. The affidavit is filed with the Superior Court, the normal filing fee is paid (in Maricopa County, $306 under the 2026 fee schedule), and the court issues a certified copy that is recorded with the county recorder.

Two cautions. First, the house is still subject to its mortgage, and the new owners must keep paying it. Second, title companies scrutinize these affidavits closely before insuring a later sale, so accuracy matters. If the house was the decedent's only asset and is worth more than $300,000 over the mortgage, probate is usually required.

How do I transfer a deceased person's bank account without probate?

There are three common ways, depending on how the account was titled.

• The account has a POD beneficiary or a joint owner. If the account was payable on death or held jointly with right of survivorship, the beneficiary or surviving owner presents a certified death certificate and identification to the bank and the money is paid out or retitled. No affidavit or court case is needed (A.R.S. §14-6212, A.R.S. §14-6223).
• The account is owned by a trust. The successor trustee presents the death certificate and a certification of trust (A.R.S. §14-11013) and takes control of the account.
• The account is in the decedent's name alone with no beneficiary. If all of the decedent's probate personal property is worth $200,000 or less, the successor waits 30 days after death and presents the bank with a signed and notarized affidavit for collection of personal property under A.R.S. §14-3971(B) plus a certified death certificate. If there was a will, banks often ask for a copy. If there was no will, they may ask how the affiant is related to the decedent.

Banks are entitled to rely on the affidavit and are discharged when they pay the person named in it (A.R.S. §14-3972). Some banks use their own affidavit forms, have internal review departments, or ask for additional documents, so call the bank's estate services department first.

If several heirs are entitled to the account, the affidavit should reflect each heir's share, or one heir collects as successor and distributes the money to the others. If the probate personal property exceeds $200,000, probate is required.

How do I transfer a deceased person's car title in Arizona?

How you transfer an Arizona vehicle depends on the title.

• Transfer-on-death beneficiary on the title. Arizona allows an owner to add a beneficiary to a vehicle title under A.R.S. §28-2055(B). After the owner dies, the beneficiary brings the title, a death certificate and identification to the Motor Vehicle Division or an authorized third-party provider and pays the title fee. See our article on Arizona vehicle transfer on death.
• Joint owners with "or" on the title. The surviving owner can usually transfer the vehicle by presenting the title and a death certificate.
• Owned by a trust. The successor trustee signs as trustee.
• Decedent's name alone, no beneficiary. If the decedent's probate personal property is worth $200,000 or less, the successor waits 30 days and presents the MVD with an affidavit under A.R.S. §14-3971(B). The statute specifically requires the Motor Vehicle Division to transfer title on presentation of the affidavit and payment of the fees (A.R.S. §14-3971(D)). The MVD has its own affidavit form for this purpose.
• Probate is open. If a personal representative has been appointed, the personal representative signs the title using certified Letters.

If there is a loan on the car, the lender holds the title and must be paid or the loan assumed before a clean title is issued. Remember that the value of the vehicle counts toward the $200,000 personal property limit.

Getting Help and Estates Over the Limits

Do I need a lawyer to prepare an Arizona small estate affidavit?

No. Arizona law does not require a lawyer, and the courts and the Motor Vehicle Division publish forms that many people complete themselves, especially for a single bank account or car.

A lawyer is often worthwhile when:

• Real estate is involved. The real property affidavit must be filed with the court, include a correct legal description, attach a certified death certificate and the original will if one exists, and satisfy a title company later. Errors can cloud title.
• There are multiple heirs, some heirs live out of state, or an heir is a minor.
• The value is close to the limit, or it is unclear which assets count.
• There is a will, and the devisees differ from the intestate heirs.
• A bank rejects the affidavit or demands additional documents.
• Debts are unpaid, and you are not sure whether the requirements are met.

The signers swear under penalty of perjury that the statements are true, and anyone who receives property under an affidavit is answerable to anyone with a superior right to it (A.R.S. §14-3972). Getting it right the first time is usually cheaper than fixing it later.

KEYTLaw prepares Arizona small estate affidavits for a flat fee of $800 for personal property and $1,800 for Arizona real estate. Call Richard C. Keyt at 480-664-7472 or email rck@keytlaw.com.

What happens if an estate exceeds Arizona's small estate affidavit limits?

If probate personal property exceeds $200,000, or Arizona real property exceeds $300,000 after liens, the matching affidavit cannot be used, and a probate is usually needed for those assets.

A few points to keep in mind:

• The limits are tested separately. An estate with $150,000 of personal property and a $400,000 net house can use the personal property affidavit for the accounts, but the house needs probate (or another transfer method).
• Recheck what counts. Families often overstate the probate estate by including life insurance, IRAs, POD accounts, survivorship property or trust assets. Remove those and the estate may qualify after all.
• Real property is valued by the assessor. Because the real property test uses the assessor's full cash value for the year of death rather than market value, a house that would sell for more than $300,000 above its mortgage may still qualify.
• Do not split or undervalue. Signing an affidavit that misstates value is a false statement under oath, and the property can be recovered by a later personal representative or rightful heir.

When the estate is over the limits, the usual path is an informal probate. For estates that are small relative to the allowances and priority expenses, summary administration (A.R.S. §14-3973) can make even a probate short and inexpensive. KEYTLaw handles uncontested informal Arizona probates for a $5,000 flat fee paid by the estate.

Hire Us to Prepare Your Arizona Small Estate Affidavit

Arizona probate attorney Richard C. Keyt prepares both small estate affidavits for flat fees:

Affidavit	Flat fee
Personal property — probate exemption for personal property worth less than $200,000	$800
Real property — affidavit of succession to Arizona real property worth $300,000 or less, including filing with the Superior Court	$1,800

Court filing fees and recording fees are not included in the real property fee and are paid separately.

To get started, complete and submit the questionnaire:

Small Estate Probate Exemption Affidavit Questionnaire — for real property and/or personal property

Hire an Arizona Probate Attorney for a Flat Fee

Arizona probate attorney and former CPA Richard C. Keyt represents personal representatives in uncontested informal Arizona probates in every Arizona county for a $5,000 flat fee. The estate ultimately pays the fee, not the family members personally. Ricky has practiced law with his father, Richard Keyt, since 2012, and he handles the court filings, notices, creditor deadlines, inventory and closing documents so the personal representative can settle the estate without guessing.

To hire Richard C. Keyt, complete our Arizona Probate Questionnaire. If you have questions first, call Ricky at 480-664-7472, email him at rck@keytlaw.com, or book a free office, phone or Zoom video consultation.

To learn more, see our Arizona probate articles and Arizona probate FAQs.

Keep Your Own Family Out of Probate

Probate is what happens to families when someone dies without the right plan. Arizona estate planning attorney Richard Keyt has practiced Arizona law since 1979 and prepares custom estate plans built around a revocable living trust, which lets your family skip Superior Court probate entirely. The flat fee is $3,497 for one person and $4,497 for a married couple or life partners. See the 36 documents and services we provide.

To get started, complete our Arizona Estate Plan Questionnaire, call Richard Keyt at 480-664-7478 or email rk@keytlaw.com. See more of our Arizona Wills, Trusts & Estate Planning Articles.

This article provides general information about Arizona probate law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Statutes, court fees and procedures change, and every estate is different. Talk with an Arizona probate attorney about your specific situation.