How the Small Estate Affidavit Works
Not every estate needs probate. For smaller estates, a sworn affidavit can replace the entire court process. For wages owed to the deceased, a surviving spouse can collect up to $5,000 right away by presenting an affidavit to the employer. For other personal property, any successor can use an affidavit after 30 days have passed since the death. The total personal property in the estate must not exceed $200,000.
Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent on being presented an affidavit made by or on behalf of the successor.
A.R.S. § 14-3971(B)The affidavit must confirm that no personal representative has been appointed. It must state that the successor is entitled to the property and that funeral and last-illness expenses have been paid. You will need a copy of the death certificate when presenting the affidavit. Banks, brokerages, and other institutions are required to honor a properly completed affidavit.
Real Estate Transfers Through Affidavit
Real estate can also transfer by affidavit, though the rules are stricter. The successor must wait at least six months after the death. The total value of real estate in the estate, less liens, cannot exceed $300,000. You file the affidavit with the probate court along with a copy of the death certificate. Once the registrar confirms it is complete, a certified copy is recorded with the county recorder.
Not sooner than six months after the death of a decedent, a person or persons claiming as successor or successors to the decedent's interest in real property may file in the court in the county in which the decedent was domiciled at the time of death an affidavit describing the real property and the interest of the decedent in that property.
A.R.S. § 14-3971(E)To use this process, you fill out the form provided by the court. The affidavit must describe the property and the decedent's interest in it. This process can save families significant time and expense. For estates that fall within these thresholds, it is one of the most practical tools available. You can also use it to collect bank accounts and other financial assets without going to court.