Simplified transfers for qualifying estates
Small Estate Affidavit
If an estate falls below Arizona's small estate thresholds, a small estate affidavit can transfer assets without probate. We prepare the documents and guide you through the process.
A Simpler Path When the Estate Qualifies
Arizona law lets estates that fall below certain value limits transfer assets without going through probate. A small estate affidavit is a sworn statement that identifies the deceased, lists the assets, and names the person entitled to receive them. Once signed and notarized, it can be presented to banks, title companies, and other institutions to transfer ownership without a court order. In 2025, Arizona raised the thresholds significantly, and many more families now qualify for this simplified path.
As of September 2025, Arizona's small estate limits are $200,000 for personal property and $300,000 for real property, the largest threshold expansion in recent state history.
Why It Matters
Small estate affidavits look simple on the surface, but the wrong wording or a missed institution can stall the entire transfer. There is also a 30-day waiting period after death before the affidavit can be presented. We confirm eligibility, prepare the affidavit, handle signing and notarization at our office on a single visit, and walk you through presenting it to the institutions holding the assets. When the estate does not qualify, we tell you straight, and we help you choose the right next step.
Arizona recently raised its small estate thresholds to $200,000 for personal property and $300,000 for real property. Many more families now qualify for this simplified process.
Who Can Use a Small Estate Affidavit?
This process is available when the estate qualifies under Arizona's value thresholds.
- Families with Modest Estates. If the deceased owned less than $200,000 in personal property and less than $300,000 in real property, the affidavit process may work.
- Surviving Spouses. A surviving spouse is typically the first person entitled to collect assets through the affidavit process.
- Adult Children. When a parent passes without a trust, adult children can use the affidavit to collect qualifying assets without probate.
- Families Without a Trust. If the deceased did not have a living trust, the small estate affidavit may be the simplest way to transfer assets.
Your First Step Starts Here
At our live, free estate planning seminars across Phoenix and Tucson, we walk you through how to protect you and your loved ones from probate. We give you a step-by-step plan that's simple and clear. Sign up today for peace of mind tomorrow.
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From the Blog
- Arizona Probate Thresholds in 2026: What They Are and Who Qualifies
The 2025 threshold changes and exactly which estates now qualify for the simplified affidavit path.
- What Happens to Your Family Without an Estate Plan in Arizona
Why even small estates can stall without the right paperwork ready to file.
- Can Heirs Live in a House During Probate in Arizona?
A common question when the affidavit path is not available and probate becomes necessary.
Glossary
- Small Estate Affidavit
A sworn statement that transfers qualifying Arizona estates without going through probate.
- Probate
The court process required when an estate exceeds the small estate thresholds or has contested claims.
- Personal Representative
The person appointed to administer an estate when probate is required.
- Intestate Succession
Arizona's default rules that decide who inherits when there is no will or trust.
- Decedent
The person who has died, whose estate is being settled.
- Residuary Estate
Whatever is left in the estate after debts and specific gifts are paid out.