What the rule says
Arizona provides two streamlined procedures for small estates under Ariz. Rev. Stat. § 14-3971:
Personal property affidavit
A successor can collect personal property of an Arizona decedent if:
- The total value of the personal property does not exceed $75,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit identifying the assets and basis for entitlement
Real property affidavit
Under § 14-3971(E), an Arizona successor can transfer real property of the decedent through an affidavit if:
- The total value of the real property does not exceed $100,000 - The decedent has been dead for at least 6 months - All debts of the estate have been paid - The successor files the affidavit with the appropriate county recorder
The real property affidavit procedure is one of Arizona's distinctive features — many states do not provide a real property affidavit procedure at all, requiring formal probate or other mechanisms for real estate transfers.
What this means in practice
The two-track Arizona system covers more of the typical small estate than many other states' procedures:
- Modest personal property estates. $75,000 is a relatively generous threshold for personal property affidavit, comparable to or higher than many states. - Modest real property holdings. The $100,000 real property affidavit allows transfer of modest homes outside formal probate. Combined with the personal property affidavit, an Arizona estate of approximately $175,000 ($75,000 personal + $100,000 real property) can be administered entirely through affidavits. - 6-month wait for real property. The longer waiting period allows for creditor claims and other estate considerations. - Community property considerations. AZ recognizes community property; the surviving spouse generally already owns 50% of community property and inherits the other 50% through community property with right of survivorship (covered separately) or through intestacy. The affidavit procedures address property not already passing through other mechanisms.
How this fits with AZ's other tools
Arizona offers several alternatives to formal probate:
- Personal property affidavit (§ 14-3971): Personal property up to $75,000. - Real property affidavit (§ 14-3971(E)): Real property up to $100,000. - Community property with right of survivorship (CPRS): Covered separately. Eliminates probate for CPRS-titled community property. - Beneficiary deed (Ariz. Rev. Stat. § 33-405): AZ's transfer-on-death deed for real property. - Informal probate: Standard streamlined probate for most estates. - Formal probate: Court-supervised when warranted.
What you can do about it
For a survivor of an AZ decedent considering small-estate procedures:
1. Calculate values for personal property and real property separately. Each has its own threshold. 2. For personal property, wait 30 days from death. 3. For real property, wait 6 months from death and ensure debts are paid. 4. Prepare and file the appropriate affidavit(s). 5. Distribute property.
For estate planners advising AZ clients:
- Use CPRS for married couples to keep community property outside probate entirely. - Use beneficiary deeds for real property that should pass to non-spouse beneficiaries. - Use beneficiary designations for financial accounts.
Who this affects most
AZ's small-estate procedures are most relevant for survivors of modest estates. The combined personal property + real property affidavit framework allows many AZ estates to be administered without formal probate.