An Arizona Small Estate Affidavit lets heirs collect a deceased person's assets without probate under ARS §14-3971. As of March 2026, the thresholds are $200,000 for personal property and $300,000 for real property — significantly higher than what most online guides still show.
Arizona Small Estate Affidavit: Updated March 2026 Thresholds Under HB2116
Small Estate Affidavit — Arizona
A Small Estate Affidavit allows heirs to collect and transfer assets from a deceased person's estate without going through full probate court — as long as the total estate value is within the state limit.
What Is an Arizona Small Estate Affidavit?
An Arizona Small Estate Affidavit is a sworn legal document that allows heirs to claim a deceased person's assets — bank accounts, vehicles, personal property, or real estate — without opening a probate case in court. It is authorized under ARS §14-3971 and can represent a significant savings in both time and cost compared to formal probate.
The affidavit works by the heir(s) presenting a signed, notarized document to the asset holder (a bank, DMV, or property registrar) that states they are legally entitled to the property. The asset holder is then legally permitted — and generally obligated — to release the property to the heir.
The 2026 Law Change: What HB2116 Actually Changed
| Asset Type | New Limit (March 2026) | Prior Limit |
|---|---|---|
| Personal property | $200,000 | Lower — varies by prior year threshold |
| Real property | $300,000 | Lower — varies by prior year threshold |
| Waiting period | 30 days | 30 days (unchanged) |
Why this matters: A family home worth $280,000 that previously would have required a full probate proceeding can now pass through a small estate affidavit under the new real property threshold. That potentially saves thousands of dollars in probate attorney fees and months of delay.
Who Qualifies?
Personal Property vs. Real Property: Two Different Processes
Personal Property (under $200,000)
Bank accounts, vehicles, investments, household goods. Present the affidavit directly to the asset holder (bank, credit union, DMV).
- • 30-day wait required
- • Statement that no probate is pending
- • Notarized signature
- • Present to institution directly
Real Property (under $300,000)
Land, homes, rental properties, commercial real estate. Must be recorded with the county recorder — not just presented.
- • Must include legal property description
- • Fair market value (not assessed value)
- • Notarized signature
- • Recorded with county recorder
County-Specific Differences: Maricopa, Pima, and Yavapai
Arizona law sets the statewide rules, but the forms and procedures vary by county. This is something most guides fail to mention.
| County | Notable Difference |
|---|---|
| Maricopa | Uses Maricopa Superior Court probate division forms for real property. Record with the Maricopa County Recorder. See our Maricopa County guide for the specific address, fees, and process. |
| Pima | Uses Pima County-specific forms available through the Pima County Superior Court. The Pima County Recorder handles real property recording. |
| Yavapai | Uses forms from the Yavapai County Superior Court. Smaller county office — expect in-person assistance rather than online filing. |
| Other counties | The general ARS §14-3971 form applies. Check with the county recorder and superior court clerk before filing. |
Filing in Maricopa County? See our detailed Maricopa County Small Estate Affidavit guide which covers the specific Superior Court forms, the County Recorder location (111 S 3rd Ave, Phoenix), fees ($30 first page + $3/additional page), and what to bring.
Step-by-Step Filing Process
At least 30 days must have passed since the date of death shown on the death certificate. The affidavit will be rejected if presented before this period expires.
Add up personal property or real property separately. Each category evaluated against its own threshold. Personal property and real property claims are independent.
Maricopa, Pima, and Yavapai use county-specific forms. Other counties use the general state form from azcourts.gov. smallestateform.com auto-selects the correct form based on your county.
Fill in all information about the deceased, your relationship, asset description, and estate value. Sign before a notary public.
Personal property: Present to the bank, DMV, or brokerage along with the death certificate and your ID. Real property: Record with the county recorder in the county where the property is located.