Arizona Small Estate Affidavit
In Arizona an heir can use a small estate affidavit to collect a decedent's personal property worth up to $200,000 once 30 days have passed since death, without full probate. Attorney review available.
Introduction
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 it is used under Arizona Revised Statutes Section 14-3971, which provides two separate affidavits. The personal property affidavit may be used 30 days after the death (Section 14-3971(B)), and 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. That affidavit is presented directly to the bank, employer, or agency holding the asset, not filed with a court. Arizona real property uses a different affidavit under Section 14-3971(E): it may be filed not sooner than six months after the death, 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, and it is filed with the Superior Court and then recorded with the county recorder. A surviving spouse may collect up to $5,000 of the decedent's unpaid wages at any time after death (Section 14-3971(A)). DocDraft builds your Arizona small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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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.
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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)).
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The personal property affidavit may not be used until 30 days have elapsed since the date of death (Section 14-3971(B)).
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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.
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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.
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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)).
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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)).
Key decisions before you file
Before you file a Small Estate Affidavit in Arizona, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Arizona in about a minute, and notarize it online through DocDraft if it does.
Arizona Requirements for Small Estate Affidavit
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)).
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)).
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.
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.
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.
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.
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)).
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.
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It is a sworn statement that lets a decedent's heir or successor collect the decedent's property, such as a bank account, final wages, or a vehicle, without opening a full probate case. In Arizona the successor uses Arizona Revised Statutes Section 14-3971, swears that at least 30 days have passed since the death and that the personal property value does not exceed $200,000, then presents the affidavit to whoever holds the asset. It is usually the fastest, cheapest way to settle a small Arizona estate.
Probate is a court-supervised process that appoints a personal representative to gather assets, pay debts, and distribute what remains, and in Arizona it can take many months. A small estate affidavit skips that process for qualifying estates: under Arizona Revised Statutes Section 14-3971 the successor signs a sworn affidavit and collects the property without a court appointment. The personal property affidavit is available only when the value does not exceed $200,000 and no application for a personal representative is pending.
For the personal property affidavit, the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, must not exceed $200,000 as valued on the date of death (Arizona Revised Statutes Section 14-3971(B)). Arizona real property uses a separate affidavit capped at $300,000 of value, less liens and encumbrances, based on the county assessment roll for the year of death (Section 14-3971(E)). The two limits are measured separately.
For personal property, at least 30 days must have elapsed since the date of death before the affidavit may be used (Arizona Revised Statutes Section 14-3971(B)). For Arizona real property, the affidavit of succession may not be filed until six months have elapsed since the death (Section 14-3971(E)). A surviving spouse collecting up to $5,000 of the decedent's unpaid wages faces no waiting period (Section 14-3971(A)).
Not the personal property affidavit, which reaches bank accounts, wages, securities, and vehicles only. Arizona real property passes by a separate affidavit of succession to real property 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. That affidavit is filed with the Superior Court and then recorded with the county recorder, and a certified copy of the death certificate must be attached.
The personal property affidavit under Arizona Revised Statutes Section 14-3971(B) 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. The Arizona real property affidavit under Section 14-3971(E) is different: it is filed with the Superior Court in the county where the decedent was domiciled, and the registrar issues a certified copy that is then recorded with the county recorder.
The affiant must be, or act on behalf of, a person claiming to be the successor of the decedent and entitled to the property (Arizona Revised Statutes Section 14-3971(B)). For the personal property affidavit the successor swears that 30 days have passed, that no application for a personal representative is pending, and that funeral and last-illness expenses have been paid. The real property affidavit additionally requires that all unsecured debts have been paid and that no federal estate tax is due (Section 14-3971(E)).
An Arizona small estate 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)). Collecting property the successor is not entitled to, or using the affidavit when the estate exceeds the $200,000 or $300,000 limits, can create personal liability. An affidavit should never be signed in Arizona if the facts or the values are uncertain.