Arizona Small Estate Affidavit: Two Paths — Personal and Real Property

Two Separate Affidavit Procedures

Most states have a single small estate affidavit procedure that applies only to personal property. Arizona is different — it has two separate statutory procedures:

Both procedures require no court filing, no probate case number, and no Letters Testamentary. They can be used independently of each other — or together, if both thresholds are met.

Path 1: Personal Property Affidavit (ARS 14-3971)

Who Qualifies

The personal property affidavit is available when:

• At least 30 days have elapsed since the date of death
• The gross value of personal property in the estate does not exceed $75,000 — before subtracting debts
• No probate proceeding is pending or has been commenced in any state
• You are an heir or successor entitled to the property

Arizona community property note: In a community property marriage, only the decedent's share of community property counts toward the $75,000 threshold. The surviving spouse's half was always theirs. This can significantly reduce the applicable estate figure, making the affidavit available in more situations than the dollar amount suggests.

What to Include in the Affidavit

• The affiant's name and relationship to the deceased
• The date of death
• That at least 30 days have elapsed since the date of death
• That no probate proceeding is pending or has been commenced in any state
• That the gross value of the decedent's personal property does not exceed $75,000
• That the affiant is entitled to the property as a successor (under the will or by intestacy)
• A description of the specific property being claimed

The affidavit must be signed under oath before a notary. Many banks and financial institutions have their own internal affidavit form — check with each institution before drafting your own.

How to Present It

Present to the institution holding the assets:

1. The signed and notarized affidavit
2. A certified copy of the death certificate
3. Your government-issued photo ID
4. A copy of the will, if one exists (not legally required, but often requested)

The institution is legally required to pay or transfer the asset. If they refuse, they may be held liable.

Path 2: Real Property Affidavit (ARS 14-3972)

Why This Is Unusual

In most states, real estate must go through full probate — regardless of value. Arizona's ARS 14-3972 is a significant exception: it allows real property to transfer by a recorded affidavit without court involvement. This can eliminate the need for probate entirely when an estate consists primarily of a lower-value Arizona property.

Who Qualifies

The real property affidavit is available when:

• At least 6 months have elapsed since the date of death
• The total assessed value of all Arizona real property in the estate does not exceed $100,000
• No probate proceeding is pending or has been commenced in any state
• You are an heir or successor entitled to the property

What the Real Property Affidavit Must Include

• The affiant's name and relationship to the deceased
• The date of death
• That at least 6 months have elapsed since the date of death
• That no probate proceeding is pending or has been commenced in any state
• That the total assessed value of all Arizona real property does not exceed $100,000
• That the affiant is entitled to the property
• The legal description of the real property being claimed

Recording the Affidavit

Unlike the personal property affidavit (which is presented to a financial institution), the real property affidavit is recorded with the county recorder's office in the county where the property is located. Attach a copy of the death certificate and the current deed. Recording fees are approximately $30 for the first page.

Once recorded, the affidavit serves as the legal basis for the successor's title to the property. Title companies will typically accept a recorded ARS 14-3972 affidavit as sufficient proof of ownership when the property is later sold or refinanced.

What the Small Estate Affidavit Does Not Cover

• Real property over $100,000 assessed value: Must go through probate (unless CPWROS-titled or covered by a Beneficiary Deed).
• Multiple properties exceeding $100,000 total assessed value: The $100,000 threshold applies to all Arizona real property in the estate combined — not per parcel.
• Creditor obligations: Using the affidavit does not eliminate estate debts. Heirs who collect assets by affidavit may be personally liable to creditors up to the value of assets received.
• Named beneficiary accounts: IRAs, 401(k)s, life insurance, and POD/TOD accounts do not require either affidavit — they transfer directly to named beneficiaries.
• CPWROS property: Property held as Community Property With Right of Survivorship does not need the affidavit — it passes automatically. File an Affidavit of Survivorship with the county recorder instead.

More Arizona Probate Guides

• Community Property and CPWROS in Arizona Probate
• Arizona Probate Timeline: Key Deadlines for Personal Representatives