Where do I file a small estate affidavit for real property in Maricopa County, Arizona?

Record the Small Estate Affidavit with the Maricopa County Recorder at 111 S 3rd Ave, Phoenix, AZ 85003. Recording fees are $30 for the first page plus $3 for each additional page.

How much does it cost to record a small estate affidavit with the Maricopa County Recorder?

The Maricopa County Recorder charges $30 for the first page and $3 for each additional page. A typical 2–4 page affidavit costs $30–$42 to record.

Can I mail my small estate affidavit to the Maricopa County Recorder?

Yes. Mail the original notarized affidavit with payment (check payable to Maricopa County Recorder) and a self-addressed stamped envelope to 111 S 3rd Ave, Phoenix, AZ 85003.

← View all Arizona small estate rules

⚡ Updated March 2026 — HB2116 raised Arizona's small estate thresholds. Personal property: $200,000. Real property: $300,000. Most guides still show old limits.

In Maricopa County, Arizona, a Small Estate Affidavit for real property must be recorded with the Maricopa County Recorder at 111 S 3rd Ave, Phoenix, AZ 85003. As of March 2026 under HB2116, the thresholds are $200,000 for personal property and $300,000 for real property. A 30-day waiting period applies.

Last updated July 2026. This information reflects ARS §14-3971 as amended by HB2116, effective March 2026. Laws may change. Consult a licensed Arizona attorney for advice specific to your situation.

Small Estate Affidavit in Maricopa County, Arizona: Where to File and What to Expect

Q: Do I file at the Superior Court or the County Recorder in Maricopa County?

For real property, you record with the Maricopa County Recorder (111 S 3rd Ave, Phoenix). You do not file a petition with the Superior Court — the affidavit process is designed to bypass the court entirely.

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Small Estate Affidavit — Arizona, Maricopa

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.

Statutory authority: ARS §14-3971 (HB2116, March 2026)

Maricopa County vs. the Rest of Arizona: What's Different

Arizona's statewide Small Estate Affidavit law (ARS §14-3971) applies in Maricopa County — but the forms and recording procedures are county-specific. What works in Pima or Yavapai County may not be the right form for Maricopa.

Personal property (bank accounts, vehicles)

The statewide process applies — present the notarized affidavit to the asset holder. No county-specific forms required.

Real property in Maricopa County

Must record with the Maricopa County Recorder, using forms consistent with Maricopa Superior Court probate division requirements.

HB2116: Current Maricopa County Thresholds (March 2026)

Asset Type	Current Limit
Personal property	$200,000
Real property	$300,000
Waiting period	30 days from date of death

Where to Record in Maricopa County

Maricopa County Recorder

Address: 111 S 3rd Ave, Phoenix, AZ 85003

Phone: (602) 506-3535

Website: recorder.maricopa.gov

Hours: Monday–Friday, 8:00 AM – 5:00 PM (confirm before visiting)

Recording fees (2026):

• $30 for the first page

• $3 for each additional page

A typical affidavit runs 2–4 pages: budget $30–$42.

Mail accepted — include a self-addressed stamped envelope for return of stamped document.

Note: This is a Recording, not a court filing — bring your completed, notarized affidavit. You do not file a petition with the Superior Court.

Step-by-Step: Maricopa County Real Property Process

Confirm the 30-day waiting period

Check the date of death on the death certificate. You cannot record the affidavit until at least 30 days after that date.

Verify the property value

Determine the current fair market value of the real property. If it exceeds $300,000, formal probate or another transfer mechanism is needed.

Use the correct form

Maricopa County recommends forms consistent with the Maricopa Superior Court's probate division. Available through the Maricopa County Superior Court Self-Service Center, or generated by smallestateform.com (which auto-selects Maricopa County forms).

Include required elements

✓ Deceased's full name and date of death

✓ Statement that 30 days have elapsed

✓ Statement that no probate proceeding is pending

✓ Legal property description (not just the address)

✓ Fair market value statement

✓ Affiant's relationship to the deceased

✓ Names of all known heirs

✓ Notarized signature

Notarize

Sign the affidavit in front of a notary public. The Maricopa County Recorder will not accept an unnotarized affidavit.

Record at the Maricopa County Recorder

Bring or mail the original notarized affidavit to 111 S 3rd Ave, Phoenix, AZ 85003. Pay the $30 first-page fee plus $3 per additional page.

Obtain certified copies

Request certified copies after recording. Banks and title companies require certified copies — not photocopies — when accepting the recorded affidavit as proof of transfer.

What to Bring to the Maricopa County Recorder

Filing in person

• Original notarized Small Estate Affidavit
• Copy of the death certificate (useful to have)
• Payment for recording fees (check, money order, or exact cash; confirm card acceptance)
• Self-addressed stamped envelope if you want a stamped copy returned

Filing by mail

• Original notarized affidavit
• Check payable to "Maricopa County Recorder" for the correct fee
• Self-addressed stamped envelope
• Note requesting a conformed copy be mailed back

Frequently asked questions: Maricopa County

Do I file the Maricopa County Small Estate Affidavit at the Superior Court or the Recorder? +

For real property, you record with the Maricopa County Recorder (111 S 3rd Ave, Phoenix). You do not file a petition with the Superior Court — the affidavit process is designed to bypass the court entirely. The Recorder records the transfer; the Court is not involved unless there is a dispute.

What if the estate has both personal property and real property in Maricopa County? +

Each is handled separately. Personal property (bank accounts, vehicles) — present the affidavit to the institution. Real property — record with the Maricopa County Recorder. Each must independently fall within its respective threshold ($200,000 personal, $300,000 real).

Can I file by mail with the Maricopa County Recorder? +

Yes. Mail the original notarized affidavit with payment and a self-addressed stamped envelope to 111 S 3rd Ave, Phoenix, AZ 85003. Turnaround is typically 1–3 business days after receipt.

What are the current Maricopa County small estate thresholds? +

As of March 2026 under HB2116: $200,000 for personal property and $300,000 for real property. A 30-day waiting period applies. If you've seen lower numbers elsewhere, the source is outdated.

What if someone disputes my claim to the property? +

A Small Estate Affidavit does not extinguish other heirs' legal claims. If there is a legitimate dispute among heirs, the affidavit process should be approached cautiously — a disputed estate is generally better handled through formal probate where a court can adjudicate the competing claims.