What are Arizona’s small estate affidavit rules?
A.R.S. 14-3971 lets a successor collect a parent’s personal property by affidavit when it’s worth $200,000 or less, wherever located, after liens. A separate affidavit of succession covers Arizona real estate worth $300,000 or less at full cash value. A 2025 law (HB 2116) raised the limits from $75,000 and $100,000. Neither works while a personal representative has been applied for or appointed.
Sources: A.R.S. 14-3971, Collection of personal property by affidavit; affidavit of succession to real property, checked October 19, 2026; Laws 2025, chapter 24 (HB 2116), checked October 19, 2026; General Effective Dates, checked October 19, 2026; Small Estate Affidavit packet PBSE1 (rev. 09/26/25), checked October 19, 2026; Probate Forms, checked October 19, 2026.| Rule | Arizona |
|---|---|
| Dollar limit | Personal property: $200,000. Real estate: $300,000. Both after liens and encumbrances, valued at the date of death |
| Waiting period | Personal property: 30 days after the death. Real estate: six months after the death |
| Where it goes | Personal property: straight to the bank or holder, nothing filed. Real estate: filed with the Superior Court, then recorded with the county recorder |
| Official form | No statewide form. Each county’s Superior Court publishes its own |
| Signing | Sworn affidavit; county forms use a notary. No witnesses |
| Real estate | Yes, by the separate affidavit of succession to real property |
What will Kin Papers fill in for Arizona?
Kin Papers is building an Arizona file that fills in the personal property affidavit from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the 30-day and six-month waits. It won’t file anything for you or give legal advice.
Join the Arizona waitlist
We’re building Arizona’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who can sign an Arizona small estate affidavit?
The personal property affidavit is made by or for the successor, the person entitled to the property under the will or Arizona’s inheritance rules. The real property affidavit is signed by the people claiming the real estate as successors. Both are sworn statements, and the real property affidavit must say that a false statement can bring perjury penalties.
What does the personal property affidavit have to say?
Under A.R.S. 14-3971(B), the signer swears that:
- 30 days have passed since the death.
- All personal property, wherever located, is worth $200,000 or less after liens.
- No application or petition to appoint a personal representative is pending or has been granted.
- The funeral and last-illness expenses have been paid.
- The signer is entitled to the property.
The bank or other holder then pays or delivers the property to the successor. Securities transfer agents and the Motor Vehicle Division also act on the affidavit.
What does the real property affidavit need?
A.R.S. 14-3971(E) adds more: at least six months since the death, a certified death certificate attached, Arizona real estate worth $300,000 or less at the assessor’s full cash value, the funeral, last-illness and unsecured debts paid, and the will attached or already probated. The Superior Court’s registrar checks it and issues a certified copy, which is recorded with the county recorder.
Where do you get the forms?
Arizona has no statewide form. The Maricopa County Superior Court packet has an affidavit for personal property (PBSE11f) and one for real property (PBSE12f), for people whose parent lived in Maricopa County. Other counties’ Superior Courts publish their own.
What if the estate is over the limits?
Then the affidavits aren’t available, and the estate goes through probate in the Superior Court. The court’s self-help center can explain the filings, and a lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what Arizona’s statute and court forms say, with links to each. It doesn’t say whether an affidavit fits your parent’s estate.
Common questions about small estates in Arizona
What is the Arizona small estate affidavit limit?
$200,000 for personal property and $300,000 for Arizona real estate, after liens and encumbrances, under A.R.S. 14-3971. Laws 2025, chapter 24 (HB 2116) raised them from $75,000 and $100,000, effective September 26, 2025.
How long do you have to wait in Arizona?
30 days after the death to collect personal property, and six months after the death for the real property affidavit, which needs a certified death certificate attached.
Do you file the Arizona small estate affidavit with the court?
Not for personal property: the affidavit goes straight to the holder, and the Maricopa County Superior Court says no papers or fees are filed with the court. The real property affidavit is filed with the Superior Court, which issues a certified copy to record with the county recorder. The statute says the normal filing fee applies.
Is there an official Arizona small estate affidavit form?
There’s no statewide form. The Arizona Judicial Branch says each court may have its own preferred forms, and county Superior Courts, such as Maricopa’s, publish packets for their residents.