Arizona Small Estate: Limit & How-To

Two different documents, two different desks — a bank counter for personal property, the County Recorder for the house.

A.R.S. 14-3971

Quick answer: for personal property at or under $200,000, present the affidavit directly to the asset holder 30 days after death. For real property at or under $300,000 in equity, record the Affidavit of Succession to Real Property with the County Recorder 6 months after death, under A.R.S. 14-3971. Check which applies with the Arizona small estate checker.

Filing the personal property affidavit

  1. Wait 30 days from the date of death.
  2. Confirm no personal representative is pending or appointed.
  3. Total the personal property, net of liens — bank accounts, vehicles, securities, and similar assets, staying at or under $200,000.
  4. Complete the affidavit (Maricopa County's form is available through its Probate/Mental Health Self-Service Center; other counties use similar statewide forms).
  5. Present it directly to each bank, transfer agent, or the Motor Vehicle Division — no court filing required.

Filing the real property affidavit

  1. Wait 6 months from the date of death — a longer window than the personal property route.
  2. Confirm net equity is at or under $300,000, after subtracting any mortgage.
  3. Complete the Affidavit of Succession to Real Property.
  4. Record it with the County Recorder in the county where the property is located, along with the recording fee (commonly $30-$50 in Maricopa County) and a certified death certificate.

If an institution pushes back

Some banks apply more conservative internal policies than the statute requires. Escalating to the institution's compliance department and referencing A.R.S. 14-3971 directly often resolves it; a brief attorney letter citing the statute is sometimes enough to avoid opening a full probate case just to overcome an overly cautious teller.

Facing probate in Arizona?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Arizona attorney

Personal property affidavits go straight to the asset holder regardless of county; real property affidavits record with the County Recorder of Maricopa, Pima, Pinal, or wherever the property sits.

Limit & how-to — frequently asked questions

Does Arizona's personal property affidavit need to be filed with the court?

No — it's presented directly to whoever holds the asset (a bank, the Motor Vehicle Division, a transfer agent), not filed with the Superior Court, though the Maricopa County form is available through its Probate/Mental Health Self-Service Center.

Where does Arizona's real property affidavit get recorded?

With the County Recorder in the county where the real property is located, which is different from the personal property route and creates a public record of the transfer.

What does Arizona's real property affidavit cost?

The personal property affidavit has essentially no filing cost. The real property affidavit incurs a County Recorder fee (commonly cited around $30-$50 in Maricopa County) plus a certified death certificate and notary costs.

What if an institution refuses to honor a valid Arizona affidavit?

Ask to escalate to the institution's compliance department, referencing A.R.S. 14-3971 directly; in some cases a brief attorney letter citing the statute resolves the refusal without needing to open a full probate case.

How do I file a small estate affidavit in Arizona?

For personal property at or under $200,000, present the affidavit directly to the asset holder 30 days after death. For real property at or under $300,000 in equity, record the Affidavit of Succession to Real Property with the County Recorder 6 months after death, under A.R.S. 14-3971. Check which applies with the Arizona small estate checker.

This page provides general guidance only and is not legal advice. Based on A.R.S. 14-3971. Filing fees and forms vary by county. Confirm current requirements with the Superior Court, County Recorder, or a licensed Arizona attorney before acting.