Arizona Small Estate Affidavit: $200,000 Limit, Wait and Forms

Arizona lets a successor collect a deceased person's personal property without probate by Affidavit for Collection of All Personal Property under A.R.S. 14-3971(B), when all personal property in the estate, less liens and encumbrances, is worth no more than $200,000 as of the date of death. The affidavit can be used 30 days after the death, and it is not filed with any court.

Arizona also has a separate affidavit for real property worth no more than $300,000, which is filed in superior court no sooner than six months after the death. Both limits were raised in 2025. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arizona's small estate affidavits for personal property and real property (A.R.S. 14-3971), the effect of those affidavits (A.R.S. 14-3972), the surviving spouse's wage claim (A.R.S. 14-3971(A)), and summary administration (A.R.S. 14-3973 and 14-3974). It does not cover full probate administration, who inherits under Arizona intestacy law, estate tax or other states' procedures.

Arizona's small estate options at a glance

The 2025 increase (HB 2116)

HB 2116, enacted as Laws 2025, chapter 24, amended A.R.S. 14-3971. According to the Senate fact sheet, it raised the personal property limit "from $75,000 to $200,000," and it raised the real property limit from $100,000 to $300,000. The chaptered law shows it was approved by the Governor on March 31, 2025.

The new limits took effect on September 26, 2025, the general effective date for the 2025 legislative session. The act does not say whether the new figures apply to people who died before that date. If the person died before September 26, 2025 and the estate falls between the old and new limits, ask the probate court or a lawyer which figure applies. The older $75,000 and $100,000 figures still circulate online; the current statute shows $200,000 and $300,000.

Collecting personal property by affidavit

What counts toward the $200,000

The statute counts "the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances," valued as of the date of death. Maricopa County Superior Court's small estate packet explains: "Personal property includes everything the decedent owned, other than real estate. (Examples include cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.)" Amounts owed against the property, such as a lien or car loan, are subtracted.

The statute does not say how jointly owned accounts, payable-on-death or transfer-on-death accounts, trusts or life insurance are treated. If the estate is close to $200,000, ask a lawyer how those assets count.

When you can use it

A.R.S. 14-3971(B) starts the clock 30 days after the death. After that, anyone who owes the decedent money or holds the decedent's property must pay or deliver it to a person claiming to be the successor who presents the affidavit.

Who can sign

The affidavit is made by or on behalf of a person claiming to be the successor. Maricopa County's Affidavit for Collection of All Personal Property (PBSE11f) has the signer check the box that describes their right, including:

• a person named in the will;
• the surviving spouse;
• a child, if there is no surviving spouse, or the spouse is not the child's parent and the decedent had separate or community property;
• a parent, if there is no surviving spouse or child;
• a brother or sister, when "there is no surviving spouse, child or parent";
• the sole heir; or
• a person to whom everyone with an equal or greater right has assigned their entire interest, with a copy of the assignment attached.

What the affidavit must state

Under A.R.S. 14-3971(B), the affidavit states that:

1. 30 days have passed since the death.
2. No application or petition for appointment of a personal representative is pending and no personal representative has been appointed in any jurisdiction (or one was discharged, or more than a year has passed since a closing statement was filed).
3. The personal property, less liens and encumbrances, is worth no more than $200,000, valued as of the date of death (or, if an earlier personal representative was discharged or a closing statement was filed more than a year ago, as of the date of the affidavit).
4. "The funeral expenses and expenses of the last illness of the decedent have been paid."
5. The claiming successor is entitled to the property.

Step by step

1. Get the county form. Arizona has no statewide judicial-branch form. If the decedent lived in Maricopa County, use PBSE11f from the Maricopa County law library small estate page. Pima and Yuma counties publish their own versions.
2. Sign before a notary. Maricopa County's instructions note that "the Clerk of Superior Court cannot notarize this form," so use an outside notary.
3. Give it to whoever holds the property. The instructions say to "take the completed and notarized" affidavit "to the person who has the personal property."
4. Do not file it with the court. The Maricopa packet states: "Filing: No. This affidavit may be used once it is complete. It does not get filed with the Court." The instructions add: "It is not necessary to file any papers or pay any fees to the court to use the Affidavit to Collect Personal Property."

What it reaches

The affidavit reaches debts owed to the decedent (such as bank accounts), tangible personal property, and instruments evidencing a debt, obligation, stock or chose in action. Under A.R.S. 14-3971, a transfer agent must re-register securities in the successor's name, and the Motor Vehicle Division "shall transfer title of a motor vehicle from the decedent to the successor or successors on presentation of an affidavit" and payment of the necessary fees. Check with the MVD for its current forms and fees.

Transferring a house or land by affidavit

A.R.S. 14-3971(E) lets successors to Arizona real property use an affidavit when "the value of all real property in the decedent's estate located in this state, less liens and encumbrances against the real property, does not exceed $300,000 as valued at the date of death." It also covers a debt secured by a lien on real property.

Valuation uses the assessor's figure, not market value. The statute says the decedent's interest "shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died." Our guide to Arizona property records explains how to find assessor and recorder information.

Timing and where to file. The affidavit may be filed "not sooner than six months after the death of a decedent," in the superior court in the county where the decedent lived at death or, if the decedent did not live in Arizona, in any county where the decedent's real property is located (A.R.S. 14-3971(E)).

Who can sign. Only people entitled to the real property "by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last will of the decedent, the original of which is attached to the affidavit or has been probated."

Stricter conditions. The real property affidavit requires that no personal representative application is pending or appointment made (with the same discharge and one-year exceptions, in which case the real property is valued as of the date of the affidavit using the assessment rolls for that year), that a certified death certificate is attached, and that "funeral expenses, expenses of the last illness and all unsecured debts of the decedent have been paid." The signer also states that no other person has a right to the decedent's interest and that no federal estate tax is due, and acknowledges "that any false statement in the affidavit may subject the person or persons to penalties relating to perjury and subornation of perjury."

Filing and recording. The affidavit is filed with the Clerk of Superior Court. In Maricopa County, the instructions call for an "Original Probate Cover sheet" with "#204 for 'Affidavit of Succession to Realty'" marked, along with the certified death certificate and any will or assignments; the county form is PBSE12f, Affidavit for Transfer of Title to Real Property. Pinal and Navajo counties publish their own forms. After the registrar confirms the affidavit is complete, it issues a certified copy, and "the copy shall be recorded in the office of the recorder in the county where the real property is located."

Fee. The statute says "the normal filing fee shall be charged" unless the court waives it under A.R.S. 12-301 or 12-302. We could not confirm the current dollar amount; ask the superior court clerk.

Final paycheck: the spouse's $5,000 wage claim

Under A.R.S. 14-3971(A), "any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000," on an affidavit. This claim does not require the 30-day wait. It is available only when no personal representative application is pending or appointment made (or the representative was discharged, or a closing statement is more than a year old).

Unclaimed property

We could not open Arizona's official unclaimed property claim pages during research, so this page does not describe its deceased-owner requirements. See our guide to Arizona unclaimed property for how to search and claim.

Liability and false affidavits

The affidavit protects the person who pays out, not the person who collects. Under A.R.S. 14-3972, a holder who pays or delivers on an affidavit is discharged as if dealing with a personal representative and does not have to look into whether the statements are true. If a holder refuses to pay or deliver on a proper affidavit, the person entitled can bring a court proceeding to recover the property or compel payment (A.R.S. 14-3972(A)). The person who received the property, however, "is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right."

For real property, a buyer from or lender to the successor named in the recorded certified copy gets the same protection as someone dealing with a distributee under a deed of distribution (A.R.S. 14-3972, referring to A.R.S. 14-3910).

Debts also follow the property. Under A.R.S. 14-3901, "Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children." If the person who died received AHCCCS (Arizona Medicaid) benefits, the state may file a claim against the estate and is entitled to a lien on the person's property to recover what it paid (A.R.S. 36-2935), and successors take subject to creditor claims. The Maricopa personal property form is signed under penalty of perjury, and the real property affidavit requires the perjury acknowledgment quoted above.

When to use summary administration or full probate

Arizona's summary administration is not an affidavit. A personal representative is appointed, and if the inventory and appraisal show that the entire estate, less liens and encumbrances, does not exceed the allowance in lieu of homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the representative "without giving notice to creditors, may immediately disburse and distribute the estate."

Those allowances are set in other sections: a surviving spouse "is entitled to a homestead allowance of $18,000" under A.R.S. 14-2402, a surviving spouse is entitled to exempt property of up to $7,000 in household furniture, automobiles, furnishings, appliances and personal effects under A.R.S. 14-2403, and a reasonable family allowance for maintenance during administration is set by A.R.S. 14-2404. The representative then closes the estate with a verified statement under A.R.S. 14-3974, and if no proceedings are pending one year after it is filed, the appointment ends.

Full probate is usually the route when personal property exceeds $200,000, Arizona real property exceeds $300,000, debts cannot be paid first, or heirs disagree. Our Arizona probate guide explains how the process works.

Related

• Small estate affidavit rules by state
• Arizona probate guide
• Arizona unclaimed property
• Arizona property records
• New Mexico small estate affidavit
• Nevada small estate affidavit

Disclaimer: This article provides general legal information about Arizona's small estate procedures under A.R.S. 14-3971 through 14-3974, as verified on 2026-10-07. It is not legal advice. For your specific situation, contact the superior court clerk or law library in the county where the person lived, a legal aid office, or a lawyer licensed in Arizona.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Arizona?

Under A.R.S. 14-3971, the personal property affidavit applies when all personal property, less liens and encumbrances, is worth no more than $200,000 as of the date of death. A separate affidavit covers Arizona real property worth no more than $300,000 after liens, based on the assessor's full cash value for the year of death.

Did Arizona raise its small estate limits in 2025?

Yes. HB 2116 (Laws 2025, chapter 24), approved by the Governor on March 31, 2025, raised the personal property limit from $75,000 to $200,000 and the real property limit from $100,000 to $300,000. The new limits took effect on September 26, 2025; if the death occurred before that date, ask the court which figure applies.

How long after death can I use a small estate affidavit in Arizona?

For personal property, 30 days after the death. For real property, the affidavit can be filed no sooner than six months after the death. A surviving spouse's claim to up to $5,000 in unpaid wages under A.R.S. 14-3971(A) has no 30-day wait.

Does an Arizona small estate affidavit need to be filed with the court?

The personal property affidavit does not. Maricopa County's instructions say it is used once complete and is not filed with the court, with no court fees. The real property affidavit is filed with the superior court clerk, and a certified copy is then recorded with the county recorder.

Can I transfer a house with a small estate affidavit in Arizona?

Yes, if all of the decedent's Arizona real property, less liens and encumbrances, is worth no more than $300,000 using the full cash value on the assessment rolls for the year of death. You must wait six months, and funeral, last-illness and all unsecured debts must be paid.

Who can sign an Arizona small estate affidavit?

A person claiming as the decedent's successor. Maricopa County's form lists, for example, a person named in the will, the surviving spouse, a child, a parent, a sibling, a sole heir, or someone to whom all others with an equal or greater right have assigned their interests.

How do I transfer a car without probate in Arizona?

A.R.S. 14-3971 directs the Motor Vehicle Division to transfer title to the successor when presented with the personal property affidavit and payment of the necessary fees. Check with the MVD for its current forms and fees.