Important Changes in the Arizona Small Estate Affidavit Process

The State of Arizona has complex laws that govern administration of the estates of deceased Arizona residents. One procedure, known as the Small Estate Affidavit process, may enable an heir or devisee of property to avoid going through the probate process. In 2025, the legislature significantly increased the value of real property and personal property that can qualify for the Small Estate Affidavit process, making the process available to a greater number of small estates. Other requirements apply as well.

Estate Value for the Arizona Small Estate Affidavit Process

The State of Arizona has several different types of probate administration for estates of deceased residents, based on the value and circumstances of the estate. In some cases, an estate is not required to go through a formalized probate process. In the case of an estate with real estate or personal property valued below specific amounts, the Small Estate Affidavit process may be an option. When specific, detailed requirements are met, the affidavit process enables collection of assets in a small estate without having to go through probate. The affidavit process provides a simplified, low-cost alternative to probate for transferring assets of an estate with a small value.

If an estate qualifies, separate affidavits are filed for personal property and for real property in an estate. Effective for affidavits filed after September 26, 2025, the value of all personal property (which includes any property other than real estate) cannot exceed $200,000 to be eligible for the Small Estate Affidavit process. That is a significant increase over the previous limit, which was $75,000. As of the same date, the value of real estate cannot exceed $300,000 to be eligible for the Small Estate Affidavit process. The previous limit was $100,000 for real estate. These increases make this simplified process available to many more small Arizona estates.

Other Requirements

In addition to the value of the property, there are other requirements that must be met for an estate to be eligible for the Small Estate Affidavit process. For any estate, the best approach to estate administration and probate is to seek guidance from an experienced Arizona probate attorney. Professional assistance in calculating values of property and evaluating other requirements ensures that the Arizona legal requirements are met for the chosen legal process for the estate.

In addition to meeting the required value limits, the affidavit option is not available if the estate has a personal representative or it is less than a year since discharge of the personal representative. For property that qualifies, the heir or devisee (person inheriting under a will) of the property may file an affidavit for real property to claim the real estate after a waiting period of six months following the date of death. The waiting period is 30 days for personal property.

The contents of the affidavit are very specific. It is a sworn, notarized statement, in which the affiant attests under oath to the inheritance right and certain other facts relating to the estate. The affidavit contains a statement regarding entitlement, as well as a statement that no other person has a right to an interest in the property. The affidavit also states that all taxes and unsecured debts, as well as expenses of the decedent’s last illness and funeral, are paid.

The affidavit is filed with the probate court registrar in the county where the property is located. After determining the completeness of the affidavit, the registrar issues a certified copy as proof of filing. A certified copy of the affidavit must be recorded in the same county.

Legal Help With the Arizona Small Estate Affidavit Process

If you inherit real or personal property that may qualify for the Small Estate Affidavit process, you should talk with an experienced Arizona estate administration and probate lawyer. The statutory requirements and detailed procedure must be followed in order to properly comply with all the legal requirements.

The affidavit is a sworn statement that all the facts stated in are true, so it is important to ensure the accuracy before filing. You also must make certain that all the legal requirements for the affidavit process are met, including the value of the property. Your attorney ensures that the statutory requirements are met, that the affidavit is accurate and complete, and that the correct process is followed. Getting help from a knowledgeable attorney helps you avoid unintentional mistakes that can derail the process and consume valuable time.

Schedule a Free Consultation With an East Valley Estate Administration Lawyer

At Peterson Law Offices, we assist clients with all aspects of estate administration and probate, including the small estate affidavit process for real property and personal property.

We take pride in offering top-quality, affordable legal services and exceptional client service. Your first consultation is always free of charge. We welcome inquiries from clients throughout the East Valley, including Queen Creek, San Tan Valley, Gilbert, Mesa, and Chandler. Schedule your free initial consultation by calling 480-878-5998 or using our online contact form.