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Small Estate Affidavit

Probate & Legal

A simplified Arizona process for transferring small estates without formal probate when assets fall below legal thresholds.

A small estate affidavit is a legal document that allows asset transfers without formal probate. Arizona law (A.R.S. §14-3971 for personal property and §14-3971.01 for real property) provides this option for smaller estates.

Arizona's Small Estate Thresholds

  • Personal property: $200,000 or less in net value (previously $75,000)
  • Real property: $300,000 or less in equity (previously $100,000)

These updated thresholds took effect in 2025 under HB 2116. You must wait at least 30 days after death before using a personal property affidavit. For real property, you must wait six months. The affidavit must be signed under penalty of perjury.

When a Small Estate Affidavit Works

This process works best for simple estates with a clear, undisputed heir. It handles bank accounts, vehicle titles, and small personal property well. However, it does not offer the privacy, control, or protection of a living trust. Many Arizona homes still exceed the $300,000 threshold.

Arizona Probate Thresholds: Full Guide

Learn about Arizona's probate thresholds and the small estate affidavit process: Arizona Probate Thresholds in 2026.

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