Small Estate PlanArizona › Maricopa County

Maricopa County small estate affidavit: where to take it, fee and local requirements

Last reviewed: September 14, 2026 · Arizona rule: A.R.S. §14-3971 · County figures marked ≈ change — confirm at the office

In Maricopa County, Arizona, a small estate affidavit is never filed with a court — it goes straight to the bank, DMV or employer. The state rule is the same everywhere in Arizona: $100,000, 30-day wait, with or without a will. What the county controls is below.

Where it goesPersonal property: present to the holder. Real property: Clerk of the Superior Court, Probate, 201 W Jefferson St, Phoenix
Fee$0 personal; ≈ $30 real-property affidavit
Local noteLaw Library Resource Center packet PBSE1 is free
State limit$100,000 — personal property after 30 days; $300,000 real property after 6 months (verify — the personal-property figure was raised recently)
Waiting period30 days from death
FormAffidavit for Collection of Personal Property (A.R.S. §14-3971) A.R.S. §14-3971 · official source
SigningNotarized; the Maricopa County Superior Court's free packet includes the affidavit and instructions used statewide

Check the estate against the Arizona rule

Maricopa County · 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.

3 · Was there a will?

Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.

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5 · Did they own real estate other than the home they lived in?

Most states make you wait 10–45 days before the affidavit can be signed or filed.

Has anyone already opened a probate case?

Maricopa County procedure

  1. Certified death certificates from Arizona vital records or the county registrar — five or more.
  2. Inventory everything in the person's sole name; stop if the total is over $100,000.
  3. Wait 30 days — the affidavit cannot be presented earlier.
  4. Complete the Arizona form — Notarized; the Maricopa County Superior Court's free packet includes the affidavit and instructions used statewide.
  5. Present it to each holder — $0 personal; ≈ $30 real-property affidavit. Bring a certified death certificate for each.
  6. Collect, pay debts, distribute — keep every receipt; the affiant is liable up to the amount collected.

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.

Common questions

Where do I file a small estate affidavit in Maricopa County?

Nowhere — Arizona affidavits are not filed with a court. Personal property: present to the holder. Real property: Clerk of the Superior Court, Probate, 201 W Jefferson St, Phoenix. $0 personal; ≈ $30 real-property affidavit.

How much does a small estate affidavit cost in Maricopa County?

$0 personal; ≈ $30 real-property affidavit. Court forms are free; certified death certificates are $10–$25 each; a notary is $10–$15 per signature.

What is the small estate limit for Maricopa County?

The limit is set by Arizona law, not the county: $100,000 — personal property after 30 days; $300,000 real property after 6 months (verify — the personal-property figure was raised recently).

Does Maricopa County have its own form?

Law Library Resource Center packet PBSE1 is free.

Other Arizona counties: Pima County · Pinal County · Arizona overview