Arizona small-estate check

Find the Arizona small-estate route

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.

Source checked · not independently reviewedChecked August 18, 2026
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Definitions, rules, and official sourcesOpen the legal reference material when you need it.Reference

Direct answer

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.

Start the route check
Important limits and conflicts6

The statute and county form differ at day 30

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.

Official pages do not use consistent personal-property limits

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.

One official page still shows the old real-property limit

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current statute and court packet use the increased real-property limit, while a Maricopa Clerk page still displays a superseded amount.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 personal-property residence instruction is not aligned

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.

Do not mix ordinary and closed-estate valuation years

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.

Earlier deaths remain a transition question

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

comparison

Personal property and real property follow different routes

The property type determines the waiting period, threshold, delivery or filing step, and documents that need to be confirmed.

The current net personal-property cap is $200,000.

Details and exceptions

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.

  • The valuation date differs for the closed-estate alternative in A.R.S. § 14-3971(B)(2)(b).

The current net Arizona real-property cap is $300,000, using the statute's valuation method.

Details and exceptions

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.

  • A debt secured by a lien on real property uses the unpaid principal balance specified in A.R.S. § 14-3971(E)(1).
  • The valuation year differs for the closed-estate alternative in subsection E(1)(b).

Venue turns on Arizona domicile; for a non-Arizona decedent, file in a county containing the Arizona property.

Details and exceptions

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

facts

Confirm entitlement and any personal-representative history

This page does not determine disputed inheritance rights. Entitlement, competing claims, and personal-representative history remain facts that must be resolved separately.

An open or pending personal-representative proceeding can change whether this route is available.

Details and exceptions

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.

  • A discharged personal representative or the passage of more than one year after a closing statement may trigger the alternative in subsection B(2)(b).

Maricopa's Arizona-residence instruction is not stated in the personal-property subsection of the statute; confirm the applicable instruction before relying on the route.

Details and exceptions

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 affidavit route does not decide a disputed inheritance; entitlement must be established.

Details and exceptions

The person presenting a personal-property affidavit must be a successor entitled to payment or delivery of the property.

The ordinary real-property route requires confirming that no appointment request is pending and no personal representative has been appointed in any jurisdiction.

Details and exceptions

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.

  • A discharged personal representative or the passage of more than one year after a closing statement may trigger the separate alternative in A.R.S. § 14-3971(E)(1)(b).

The route requires a confirmed inheritance basis; the tool must not decide contested heirship or will validity.

Details and exceptions

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.

Competing rights, incomplete assignments, or a disagreement among successors require review before using the route.

Details and exceptions

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

checklist

Resolve expenses, attachments, court filing, and recording

The 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.

Both funeral and last-illness expenses must be resolved before using the personal-property affidavit.

Details and exceptions

The personal-property affidavit must state that the decedent's funeral expenses and expenses of the last illness have been paid.

Check the current filing fee; eligible filers may apply for deferral or waiver.

Details and exceptions

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.

Court filing is not the final step: record the certified copy in the property's county.

Details and exceptions

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

comparison

Use the correct valuation method and effective-date treatment

Ordinary and closed-estate real-property routes use different valuation timing, and pre-effective-date deaths remain unresolved in this source-checked collection.

Use the assessment-roll full cash value for the year of death, not an estimated sale price.

Details and exceptions

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.

The closed-estate alternative has a different geographic scope and valuation date; confirm the complete calculation rather than reusing date-of-death figures.

Details and exceptions

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.

Common questions

Quick explanations

Are personal-property and real-property affidavits the same process?

No. The sourced tracks use different waiting periods and different delivery, filing, and recording steps, so the property type must be identified first.

Does meeting a value limit prove that the affidavit route is available?

No. Entitlement, estate-administration history, expenses, timing, valuation method, attachments, and competing rights can still leave the route unavailable or unresolved.

What happens when official Arizona materials disagree?

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.

Official sources (23)

Related guides

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Source-checked pilot: Find the Arizona small-estate route. It has not been independently reviewed.

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