Who fills this out
The decedent's successor under A.R.S. § 14-3971 fills out this affidavit. That is usually the surviving spouse, an adult child, a sibling, or another heir entitled under Arizona intestate succession. Only one successor signs, but the affidavit must state that all other successors have either consented or assigned their interest.
When to file
Wait at least 30 days after the date of death. The affidavit is not filed with the court. The successor presents it directly to the bank, credit union, broker, or other institution holding the asset, along with a certified copy of the death certificate. Most institutions accept it on the spot once the 30 days have passed.
What you will need
- Certified death certificate (one per institution).
- The decedent's full legal name, date of death, and last address.
- A list of the personal property being collected and its fair market value.
- Statement that 30 days have passed and no probate has been or will be opened.
- Statement that the total Arizona personal property does not exceed $200,000 (less liens and encumbrances).
- Names and addresses of all other successors and the statement that they have been notified.
Common mistakes
- Using it for real estate. This form is for personal property only. Arizona real estate up to $300,000 uses a separate affidavit filed in superior court six months after death.
- Filing too early. Banks will reject an affidavit dated fewer than 30 days after death.
- Adding up gross value instead of net. The $200,000 cap is net of liens, encumbrances, and the homestead allowance.
- Skipping the notice to other heirs. Every other successor must be notified; the affidavit is signed under penalty of perjury.
- Trying to collect a 401(k) or IRA. Retirement accounts pass by beneficiary designation, not by affidavit.
Questions families ask
Do I have to file this with a court?
No. The Arizona small estate affidavit for personal property is presented directly to the bank or institution holding the asset. It is never filed with the superior court.
What if the estate has both personal property and real estate?
You can use this affidavit for the personal property and a separate small estate affidavit for real property under A.R.S. § 14-3971(E) for the home, if the home equity is under $300,000.
How long does the bank have to release the funds?
Once a complete, signed affidavit and certified death certificate are presented, the institution is required to release the asset and is protected from liability under A.R.S. § 14-3972.