A small estate affidavit lets a deceased person’s heirs collect property without full probate. In Arizona there are actually two different processes: a simple affidavit for personal property (and unpaid wages), and a separate, more involved process for real estate that requires filing with the probate court first. The value limits (updated in 2025) are $200,000 for personal property and $300,000 of real-property equity.
Two kinds of small estate affidavit in Arizona
1. Personal property and wages — the simple affidavit
If the total value of the decedent’s personal property is $200,000 or less, the person entitled to it can collect it with a sworn affidavit — no court involvement required. You must wait at least 30 days after the death, then present the affidavit directly to whoever holds the asset: a bank or credit union, an employer holding final wages, a brokerage, or the MVD for a vehicle title. The holder releases the property based on the affidavit.
2. Real estate — probate court first, then the recorder
Real property is handled differently and does require the court. If the decedent’s equity in Arizona real property is $300,000 or less, the process is two steps:
- File with the probate court. After waiting at least six months from the death, you file the affidavit for real property with the probate registrar of the superior court in the county where the property is located, along with a certified death certificate and the filing fee.
- Record the certified affidavit. Once the probate registrar reviews and signs (certifies) the affidavit, you take that certified affidavit to the county recorder and record it to transfer title.
In short: personal property and wages can be collected directly with an affidavit, but transferring a house requires going through the probate court and then recording the certified affidavit with the recorder.
Arizona’s small-estate limits (2025 and later)
- Personal property (and wages): up to $200,000; wait 30 days; no court, no recording.
- Real property (equity): up to $300,000; wait 6 months; file with the probate court, then record the certified affidavit.
These limits rose in 2025 from the old $75,000 / $100,000 figures, letting more Arizona families skip formal probate.
When a small estate affidavit won’t work
- The estate exceeds the applicable limit.
- There are disputes among heirs or creditors.
- The assets are complex or a business is involved.
Even better than qualifying for an affidavit is planning so your family needs nothing from the court. A funded living trust, beneficiary designations, and beneficiary deeds transfer assets automatically. See how to avoid probate in Arizona and our overview of the Arizona probate process.
Wondering whether an estate qualifies — or how to avoid this entirely? Schedule a free consultation.
General information about Arizona law, not legal advice.
