Who fills this out
The decedent's successor under A.R.S. § 14-3971(E) fills out this affidavit. All successors entitled to the real property must sign, or those who do not sign must assign their interest in writing.
When to file
Wait at least six months after the date of death. The affidavit is filed in the superior court of the Arizona county where the real property is located. After the court certifies the affidavit, the certified copy is recorded with that county's recorder to clear title.
What you will need
- Certified death certificate.
- The deed and legal description of the property.
- Most recent property tax statement and a current valuation supporting net equity under $300,000.
- Sworn statement that no probate is pending and no application is contemplated.
- Signatures (or written assignments) from every successor.
- Court filing fee (varies by county; typically $295-$340).
Common mistakes
- Using gross value instead of net equity. The $300,000 cap is the assessed value minus the mortgage payoff and any liens.
- Filing in the wrong county. The affidavit must be filed in the county where the property sits, not where the decedent lived.
- Forgetting to record the certified copy. The court order does not automatically clear title; the certified copy must be recorded with the county recorder.
- Missing a successor's signature. Every heir entitled under the will or intestate succession must sign or formally assign their interest.
Questions families ask
Does this transfer a house with a mortgage?
Yes. The $300,000 cap is on net equity, so a home worth $400,000 with a $325,000 mortgage qualifies. The mortgage stays in place and remains the heirs' obligation.
Can I use this with a beneficiary deed already on file?
No. If the decedent recorded a beneficiary deed under A.R.S. § 33-405, title already passed at death and no affidavit is needed.
Related forms
The Arizona small estate affidavit (AOC PBSEA1F) lets a successor collect a decedent's personal property without opening probate when the personal property value is $200,000 or less, a cap raised by HB 2116 effective September 26, 2025. The successor signs the affidavit 30 days after death, attaches a certified death certificate, and presents it directly to the bank or institution holding the asset.
An Arizona beneficiary deed transfers real estate to a named beneficiary at the owner's death without probate, under A.R.S. § 33-405. The owner signs and notarizes the deed during life, then records it with the county recorder where the property sits. Title passes automatically at death once the beneficiary records a certified death certificate.