The Streamlined Process for Small Estates
Formal probate takes time and resources. For very small estates, the law gives the public fiduciary a faster path.
If the gross assets do not exceed twenty thousand dollars, the public fiduciary files a statement of administration. This replaces the need to petition for formal letters.
Whenever the gross assets of an estate do not exceed in value twenty thousand dollars the public fiduciary may act without the issuance of letters testamentary or of administration by filing with the superior court a statement of administration showing the name and domicile of the decedent, the date and place of death and the name, address and relationship of each known heir or devisee.
A.R.S. § 14-5605(A)This statement carries the same legal weight as formal letters. If the estate later exceeds twenty thousand dollars, the public fiduciary must apply for full letters.
The statement must list the decedent's name, address, date of death, and known heirs. A death certificate is typically needed to verify those facts.
What the Public Fiduciary Can Do Under This Process
Once filed, the public fiduciary gains broad authority. For example, they can take possession of property, sell assets to pay expenses, and make funeral arrangements.
They can also distribute property to heirs who present a valid affidavit.
The public fiduciary must file an accounting and proposed distribution within twelve months. Copies go to every heir, devisee, and known creditor by certified mail.
If no one objects within thirty days, the court can settle the account without a hearing.
A well-structured estate plan can keep your family out of this system. Tools like beneficiary designations, payable-on-death accounts, and a simple trust move assets to the right people without county involvement.