How Does an Arizona Small Estate Affidavit Work?

The Arizona rule in one table

The personal property track

Under subsection B, 30 days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action must pay or deliver it to a person claiming to be the successor, on being presented an affidavit stating that all of the following are true. First, 30 days have elapsed since death. Second, one of two personal representative conditions holds, and the $200,000 value test is met. Third, the claiming successor is entitled to payment or delivery. Fourth, funeral expenses and expenses of the last illness have been paid.

The two personal representative conditions carry different valuation dates. Under track (2)(a), no personal representative application is pending and none has been appointed in any jurisdiction, and value is measured as of the date of death. Under track (2)(b), the personal representative was discharged or more than one year has passed since a closing statement was filed, and value is measured as of the affidavit date. Pick the track that fits and value on the date it requires.

A transfer agent must change registered ownership of a security on presentation of a subsection B affidavit. The Motor Vehicle Division must transfer title of a motor vehicle on presentation of a subsection B affidavit and payment of the necessary fees. For a vehicle, the Arizona Department of Transportation non-probate transfer page states a $4 title processing fee, with registration fees varying by vehicle. That $4 figure is the MVD title fee stated on the ADOT page, not a filing fee for the affidavit itself.

The real property track

Under subsection E, not sooner than six months after death, a successor may file an affidavit describing the real property and the decedent's interest, stating six matters as true and material and acknowledging perjury penalties for a false statement: the personal representative condition and $300,000 test; six months elapsed as shown by an attached certified death certificate; funeral, last illness, and all unsecured debts paid; entitlement by allowance, intestate succession as sole heir or heirs, or devise under a valid will; no other person with a right to the interest; and no federal estate tax due.

Valuation uses the assessment rolls, not a private appraisal or listing price. Under track (1)(a), value is measured as of the date of death, from the full cash value on the assessment rolls for the year the decedent died, except that a lien debt is valued by the unpaid principal balance due as of the date of death. Under track (1)(b), value is measured as of the affidavit date, from the assessment rolls for the affidavit year, with a lien debt valued by the unpaid principal balance due as of that date.

Under subsection F, the normal filing fee is charged for a subsection E filing unless waived under section 12-301 or 12-302. This guide carries no fee figure for that filing. After the registrar receives the affidavit and determines it is complete, the registrar issues a certified copy without attachments, and the copy is recorded in the recorder's office in the county where the real property is located. Recording the certified copy is part of the transfer, not an optional extra step.

The spouse wage lane

Subsection A is a separate, smaller lane. At any time after death, an employer owing wages, salary, or other compensation for the decedent's personal services must pay the surviving spouse the amount owing, not in excess of $5,000, on an affidavit by or for the spouse stating spousal status or authority and the personal representative status stated in subsection A. No 30-day wait is stated for this lane.

What changed, and what to confirm

The $200,000 and $300,000 caps replace the former $75,000 and $100,000 figures. House Bill 2116 amended section 14-3971 in the 2025 session. The Legislature page read states the online compilation reflects law effective January 1 of the year following the most recent session, with the official version published by Thomson Reuters. Secondary summaries state the new caps apply to affidavits filed on or after September 26, 2025, regardless of death date. The statute text read does not itself state that applicability rule. Confirm chaptered-text applicability before filing, and do not rely on the old figures.

No fee figure is carried for the real property court filing. A fee exists under subsection F, subject to waiver, but the amount was not stated in the statute text read. Ask the filing court for the current normal filing fee. A Maricopa County clerk and law library fee list noted in earlier research showed a fee exists with no figure carried forward. This guide states no figure from that list.

See the Small Estate Affidavits by State directory for the other state procedures.

Source

• A.R.S. 14-3971, Arizona Legislature (full text read 2026-10-31, subsections A to G; $200,000, $300,000, $5,000, 30-day, six-month, assessment-roll, and recording rules confirmed; no change found against the banked summary, except that the two valuation-date tracks must be kept distinct as stated above)
• Vehicle Title Transfer after Owner's Death (Non-Probate Transfer), Arizona Department of Transportation (search read; $4 title processing fee and $200,000 personal property test stated for the MVD lane)
• Open flag: HB 2116 effective-date applicability. State caps as in the current Arizona Legislature text read. Chaptered-text applicability should be confirmed before filing, as the applicability statement comes from secondary summaries, not from the statute text read.
• Open flag: Maricopa Clerk and Law Library fee list first-open showed a fee exists with no figure carried. No court filing fee figure is stated in this guide.
• Facts verified 2026-10-31.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to your state motor vehicle agency or court.