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Arizona's Notary Thumbprint Rule for Deeds and Powers of Attorney

Starting September 12, 2026, an Arizona notary must take the signer's right thumbprint in the notary journal before notarizing a deed, a deed of trust, any other document affecting real property, or a power of attorney. The rule is designed to fight title fraud by tying a physical identifier to every high-risk signing.

What Counts as a Conservation Easement in Arizona

A conservation easement is a recorded, nonpossessory interest that limits how land may be used in order to protect its natural, scenic, agricultural, or historic value. This section defines the easement, the conservation purposes it can serve, who is allowed to hold one, and what a third party right of enforcement is.

Creating and Recording a Conservation Easement in Arizona

A conservation easement may be created, conveyed, modified, or terminated much like other easements, but only voluntarily and only with the right parties signing. It takes legal effect once the holder accepts it and the acceptance is recorded. Unless the document says otherwise, the easement lasts indefinitely.

Court Actions Over Arizona Conservation Easements

This section lists who may bring a court action affecting a conservation easement, including the owner, the holder, and any third party with enforcement rights. Courts keep their power to modify or terminate an easement under principles of law and equity, while weighing the public interest the easement was created to serve.

When an Arizona Conservation Easement Is Valid and Assignable

A conservation easement is valid only if it is recorded, and third party enforcement rights cannot be assigned without the holder's written consent. The law makes clear the easement stays valid even though it breaks several traditional common law rules about easements.

How Other Arizona Laws Apply to Conservation Easements

A conservation easement has the same standing as any other recorded interest in real property and is subject to Arizona's recording and adverse possession laws. If the land is taken by eminent domain, the easement itself is not treated as a separate interest entitled to extra compensation.

Affidavit for Collection of Personal Property (Arizona Small Estate Affidavit)

The Arizona small estate affidavit (AOC PBSEA1F) lets a successor collect a decedent's personal property without opening probate when the personal property value is $200,000 or less, a cap raised by HB 2116 effective September 26, 2025. The successor signs the affidavit 30 days after death, attaches a certified death certificate, and presents it directly to the bank or institution holding the asset.

Arizona Administrative Office of the Courts

Affidavit for Transfer of Real Property (Arizona Small Estate Affidavit)

Arizona's small estate affidavit for real property (AOC PBSEA2F) transfers a decedent's home to heirs without full probate when the net equity is $300,000 or less, a cap raised by HB 2116 effective September 26, 2025. The successor waits six months after death, then files the affidavit in the superior court of the county where the property sits, attaches a certified death certificate, and records the court-certified copy with the county recorder.

Arizona Administrative Office of the Courts

Application for Employer Identification Number (Estate or Trust EIN)

IRS Form SS-4 applies for an Employer Identification Number for an estate, an irrevocable trust, or a revocable trust that became irrevocable at the grantor's death. The personal representative or trustee applies online at IRS.gov and receives the EIN immediately. Every Arizona estate and most post-death trusts need one before opening an estate bank account or filing Form 1041.

Internal Revenue Service

Application for Informal Appointment of Personal Representative (Intestate)

AOC PBF13F is the application filed in Arizona superior court to open informal probate when the decedent died without a will. It asks the registrar to appoint a personal representative under intestate priority and issue letters of administration. The court typically issues letters within 7-14 days of filing when the application is clean.

Arizona Administrative Office of the Courts

Application for Informal Probate of Will and Appointment of Personal Representative

AOC PBF1F is the application a person nominated in an Arizona will files in superior court to open informal probate. It asks the registrar to admit the will and issue letters testamentary so the personal representative can settle the estate. Most applications are processed without a hearing within 7-14 days of filing.

Arizona Administrative Office of the Courts

Arizona Beneficiary Deed

An Arizona beneficiary deed transfers real estate to a named beneficiary at the owner's death without probate, under A.R.S. § 33-405. The owner signs and notarizes the deed during life, then records it with the county recorder where the property sits. Title passes automatically at death once the beneficiary records a certified death certificate.

Arizona County Recorders (statutory form, A.R.S. § 33-405)