If someone has died and the estate is modest, Arizona may let you skip probate entirely and collect what they owned with a sworn affidavit. In 2025 the legislature roughly tripled who qualifies - and most articles online still cite the old numbers.
The current limits
- Personal property (bank accounts, vehicles, belongings): estate total at or under $200,000, counted after liens.
- Arizona real estate: assessed value at or under $300,000, counted after liens against it.
These limits took effect September 26, 2025 under A.R.S. § 14-3971. Anything you read citing $75,000 and $100,000 is out of date.
The waiting periods
- Personal property: at least 30 days after the death before the affidavit can be used.
- Real estate: at least 6 months after the death, using the court-filed real property affidavit.
Also required: no personal representative has been appointed (or the estate was already closed), no formal probate is pending, and the person signing is actually entitled to the property.
How filing works
For bank accounts and vehicles, the completed, notarized affidavit usually goes straight to the institution holding the asset - banks and the MVD process them routinely. For real estate, the affidavit is filed with the Superior Court in the county where the property sits; in Maricopa County the filing fee is $306, and the court publishes the free packet: the small-estate affidavit forms (PBSE1z). The court's forms library has instructions for both types.
The catch worth knowing in advance
The limits apply to the whole estate, not per asset - a forgotten brokerage account can push the total over and void the shortcut. And the affidavit is a rescue for modest estates, not a plan: a typical Arizona homeowner's house alone is worth more than the $300,000 real-property cap. If your home has normal Phoenix-area equity, your family will not qualify for this shortcut - which is exactly why beneficiary deeds and trusts exist. See every legal route around probate.
Sources
- A.R.S. § 14-3971 (small estate collection by affidavit) (checked 2026-07-26)
- Maricopa County Superior Court - Small Estate Affidavit packet (PBSE1z) (checked 2026-07-26)
- Maricopa County Clerk of Superior Court - filing fee schedule
Educational information only, not legal advice. Qualification depends on the estate's exact numbers and circumstances.