Arizona Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a decedent's heir or successor collect the decedent's property, such as a bank account, a final paycheck, or a vehicle, without opening a full probate case in Arizona.

2. 2

   The personal property affidavit is available only when the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000 as valued on the date of death (Arizona Revised Statutes Section 14-3971(B)).

3. 3

   The personal property affidavit may not be used until 30 days have elapsed since the date of death (Section 14-3971(B)).

4. 4

   The personal property affidavit is presented directly to the person or institution holding the asset, such as a bank, transfer agent, or the Motor Vehicle Division, and is not filed with a court.

5. 5

   Arizona real property uses a separate affidavit of succession under Section 14-3971(E), available only when the value of the decedent's Arizona real property, less liens and encumbrances, does not exceed $300,000 based on the county assessment roll for the year of death.

6. 6

   The real property affidavit may not be filed until six months have elapsed since the death, it is filed with the Superior Court, and the registrar issues a certified copy that is recorded with the county recorder (Sections 14-3971(E) and (F)).

7. 7

   A surviving spouse may collect up to $5,000 of the decedent's unpaid wages, salary, or other compensation at any time after death, with no waiting period (Section 14-3971(A)).

Arizona Requirements for Small Estate Affidavit

• 30-Day Waiting Period (Personal Property)

  In Arizona the personal property small estate affidavit may not be used until at least 30 days have elapsed since the date of the decedent's death (Arizona Revised Statutes Section 14-3971(B)). The affidavit of succession to real property has a longer wait of six months (Section 14-3971(E)).

• $200,000 Personal Property Limit

  The personal property affidavit is available only when the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000 as valued on the date of death (Arizona Revised Statutes Section 14-3971(B)).

• Real Property Uses a Separate Affidavit

  Arizona real property passes by a separate affidavit of succession under Arizona Revised Statutes Section 14-3971(E), available only when the value of the decedent's Arizona real property, less liens and encumbrances, does not exceed $300,000 based on the county assessment roll for the year of death. It may not be filed until six months after death.

• No Personal Representative Pending

  The affiant must state that no application or petition for the appointment of a personal representative is pending and that none has been appointed in any jurisdiction (Arizona Revised Statutes Section 14-3971(B)). If probate has been opened, the affidavit is not available.

• Presented to the Asset Holder, Not Filed

  The personal property affidavit is presented directly to the person or institution holding the asset, such as a bank, a securities transfer agent, or the Motor Vehicle Division, and is not filed with a court (Arizona Revised Statutes Section 14-3971(B), (C), (D)). Only the real property affidavit is filed with the Superior Court.

• Who May Be the Affiant

  The affiant must be, or act on behalf of, a person claiming to be the successor of the decedent and entitled to payment or delivery of the property (Arizona Revised Statutes Section 14-3971(B)). The affiant swears that funeral and last-illness expenses have been paid.

• Surviving Spouse Wage Collection

  Separate from the affidavit, a surviving spouse may collect the decedent's unpaid wages, salary, or other compensation up to $5,000 at any time after death, with no waiting period (Arizona Revised Statutes Section 14-3971(A)).

• Signed Under Oath With Perjury Exposure

  The affidavit is signed under oath, and the real property affidavit expressly warns that any false statement may subject the signer to penalties for perjury and subornation of perjury (Arizona Revised Statutes Section 14-3971(E)). Do not sign if the facts or values are uncertain.