How to Handle a Small Estate in Arizona

In 2025, Arizona increased the maximum value of personal property in order to qualify for a Small Estate Affidavit from $75,000 to $200,000. They also increased the maximum value of real property in order to qualify for an Affidavit for Transfer of Title from $100,000 to $300,000. Both methods are possible ways for you to avoid probate if you qualify; see A.R.S. § 14-3971.

Small Estate Affidavit (Personal Property)

You may be eligible for a Small Estate Affidavit if the following requirements have been met:

At least 30 days have passed since the decedent died.
The total value of all personal property in the decedent’s estate does not exceed $200,000.
A personal representative has NOT been appointed for the estate.
You are the lawful successor of the decedent and entitled to the decedent’s estate.
The funeral expenses and expenses of the decedent’s last illness have been paid.

Where I’ve seen many people err is item number four. A Small Estate Affidavit is for one person or entity to claim the personal property, so if there are two or more heirs/devisees to the estate, this can cause issues. Please visit our Services page to see how much we charge for a Small Estate Affidavit.

Affidavit for Transfer of Title to Real Property

Real property means houses, real estate, land, etc.; everything else is personal property. You may be eligible for an Affidavit for Transfer of Title to Real Property if the following requirements have been met:

At least 6 months have passed since the death of the decedent.
The real property is located in Arizona, and its assessed value, less liens and encumbrances, does not exceed $300,000. The value of the real property is determined using the assessor’s full cash value for the year the decedent passed away.
A personal representative has NOT been appointed for the estate.
Funeral expenses, taxes, expenses of last illness, and all unsecured debts of the decedent have been paid.
You are entitled to claim the decedent’s property.

Please see Arizona Probate, LLC’s Services page to see how much we charge for an Affidavit for Transfer of Title to Real Property or call us at (520) 252-6726 for more information.

The information on this website is for informational purposes only and should not be construed as legal advice.