The personal-property affidavit route has a 30-day waiting period.
Details and exceptions
A successor using the personal-property affidavit route must wait at least 30 days after the decedent's death.
Arizona small-estate check
Answer a few questions about the property, timing, value, and estate history. You’ll get a possible route and a list of facts to confirm.
Direct answer
Start by identifying whether the estate includes personal property, Arizona real estate, or both. The guided check then screens the timing, value, and estate-history rules without deciding eligibility.
The statute says thirty days have elapsed, while the current Maricopa form says more than thirty days. This page does not silently choose between them for a filing decision.
The statute and current packet use the increased limit, but one Clerk page remains stale and one form line uses a stricter exact-cap phrase.
The current statute and court packet use the increased real-property limit, while a Maricopa Clerk page still displays a superseded amount. This page relies on the statute and keeps the stale page visible as a drift warning.
The Maricopa hub says the decedent must have lived in Arizona, while the personal-property subsection of the statute states no domicile condition. This remains unresolved.
The statute distinguishes the year of death from the year of the affidavit, while a county resource-guide footnote does not clearly preserve that distinction.
The sources establish September 26, 2025 as the amendment's effective date but do not resolve every pre-effective-date-death scenario in this collection.
Start with the asset
comparisonThe property type determines the waiting period, threshold, delivery or filing step, and documents that need to be confirmed.
A successor using the personal-property affidavit route must wait at least 30 days after the decedent's death.
For the current personal-property affidavit route, estate personal property wherever located, less liens and encumbrances, must not exceed $200,000 under the applicable statutory valuation timing.
Under Maricopa County's current instructions, the completed personal-property affidavit is notarized and presented to the property holder rather than filed with the Superior Court.
An affidavit claiming succession to Arizona real property may not be filed sooner than six months after the decedent's death.
For the current real-property affidavit route, qualifying Arizona real property, less liens and encumbrances, must not exceed $300,000 under the statute's specified valuation method and timing.
The real-property affidavit is filed in the Arizona county where the decedent was domiciled at death, or, if the decedent was not domiciled in Arizona, in an Arizona county where the decedent's real property is located.
Claimant and estate history
factsThis page does not determine disputed inheritance rights. Entitlement, competing claims, and personal-representative history remain facts that must be resolved separately.
The personal-property affidavit must satisfy the statute's personal-representative condition: ordinarily no appointment proceeding is pending and no personal representative has been appointed, unless the closed-estate alternative applies.
The current Maricopa hub says the personal-property affidavit can be used only if the decedent lived in Arizona, while A.R.S. § 14-3971(B) states no domicile condition and describes estate personal property wherever located. This collection does not resolve whether the hub language is a statewide legal limit or an implementation instruction.
The person presenting a personal-property affidavit must be a successor entitled to payment or delivery of the property.
Under the ordinary real-property route, no application or petition for appointment of a personal representative may be pending and no personal representative may have been appointed in any jurisdiction.
Signers of the real-property affidavit must be entitled by a statutory allowance, intestate succession as the sole heir or heirs, or devise under a valid will.
The real-property affidavit must state that no other person has a right to the decedent's described interest; Maricopa's form requests assignment documents if people with equal or greater rights assign their interests.
Before and after filing
checklistThe personal-property route requires specified expenses to be paid; the real-property route adds a certified death certificate, filing fee or approved relief, and county recording after certification.
The personal-property affidavit must state that the decedent's funeral expenses and expenses of the last illness have been paid.
A certified copy of the decedent's death certificate must be attached to the real-property affidavit.
A normal filing fee is charged for a real-property affidavit unless the court grants fee relief under A.R.S. § 12-301 or § 12-302.
After the registrar determines the real-property affidavit is complete and issues a certified copy without attachments, that certified copy must be recorded in the county where the real property is located.
Source status
comparisonOrdinary and closed-estate real-property routes use different valuation timing, and pre-effective-date deaths remain unresolved in this source-checked collection.
Under the ordinary route, a decedent's Arizona real-property interest is valued from the full cash value on the assessment rolls for the year of death, subject to the secured-debt exception.
Under the real-property closed-estate alternative, the cap calculation uses all estate real property wherever located and affidavit-date values; full cash value comes from the assessment year of the affidavit, while secured debt uses unpaid principal on the affidavit date.
The official sources establish September 26, 2025 as H.B. 2116's general effective date, but this source packet does not establish whether the increased thresholds govern every affidavit filed after that date when the decedent died earlier.
Common questions
No. The sourced tracks use different waiting periods and different delivery, filing, and recording steps, so the property type must be identified first.
No. Entitlement, estate-administration history, expenses, timing, valuation method, attachments, and competing rights can still leave the route unavailable or unresolved.
The conflict remains visible, the affected proposition stays source-checked rather than approved, and the user is directed to confirm the disputed point before relying on it.
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