Small estate affidavit in Arizona: limit, waiting period, form and where to file
Arizona lets heirs collect a small estate with the Affidavit for Collection of Personal Property instead of probate when the estate is under $100,000, at least 30 days have passed, and no probate has been opened. It never goes to court: you hand it to whoever holds the asset.
| Limit | $100,000 — personal property after 30 days; $300,000 real property after 6 months (verify — the personal-property figure was raised recently) |
|---|---|
| Waiting period | 30 days from the date of death |
| With a will? | Works with or without a will. |
| Real estate? | Real property up to $300,000 (assessed value less liens) uses a separate affidavit filed with the Superior Court after 6 months; above that, probate. |
| Form | Affidavit for Collection of Personal Property (A.R.S. §14-3971) A.R.S. §14-3971 |
| Where it goes | Not filed with any court — presented to the bank, DMV or employer holding the asset |
| Signing | Notarized; the Maricopa County Superior Court's free packet includes the affidavit and instructions used statewide |
Check whether your estate qualifies in Arizona
Arizona · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Arizona different
Arizona splits the shortcut in two: personal property is collected by handing a notarized affidavit to the holder, while real property has its own affidavit that is filed with the Superior Court and recorded — with a 6-month wait instead of 30 days.
The Maricopa County Law Library Resource Center's packet is accepted by clerks and banks across the state, and it's free; most people never need anything else.
The limits are tested on the total estate, not per asset. Add every account and vehicle before you sign — an affidavit for an estate that's actually over the limit is void and the bank can claw the money back.
Arizona counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Arizona counties people ask about most:
$0 personal; ≈ $30 real-property affidavitAZ · NO COURT FILINGPima County small estate affidavitPresent to the holder; real property at Pima County Superior Court, 110 W Congress St, Tucson
$0 / ≈ $30AZ · NO COURT FILINGPinal County small estate affidavitPresent to the holder; real property at Pinal County Superior Court, Florence
$0 / ≈ $30
Step by step in Arizona
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Arizona's limit ($100,000).
- Wait 30 days. Arizona requires 30 days from the date of death.
- Complete and sign the Arizona form. Affidavit for Collection of Personal Property (A.R.S. §14-3971). Notarized; the Maricopa County Superior Court's free packet includes the affidavit and instructions used statewide.
- Present it to each holder. Bank, DMV, employer — with a certified death certificate each time.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Arizona banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know A.R.S. §14-3971, the bank wants its own form as well, the waiting period was miscounted, or the notarization is missing. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Arizona requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Arizona; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Arizona?
$100,000 — personal property after 30 days; $300,000 real property after 6 months (verify — the personal-property figure was raised recently). Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Arizona?
30 days from the date of death. After that you present it directly to the bank, DMV or employer — no court is involved.
Does the Arizona small estate affidavit work if there is a will?
Works with or without a will.
Can I use a small estate affidavit for a house in Arizona?
Real property up to $300,000 (assessed value less liens) uses a separate affidavit filed with the Superior Court after 6 months; above that, probate.
Do I need a lawyer for a small estate affidavit in Arizona?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Arizona counties are covered?
Maricopa County, Pima County, Pinal County. Each county page names the office, the fee and any local form requirement.
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