Arizona Small Estate Affidavit Explained

Arizona’s small estate process got dramatically more useful in 2025 - worth understanding as two genuinely separate tracks, one for personal property and one for real estate.

What are the two affidavits, and their thresholds?

Available 30 days after death when the value of all personal property in the estate, less liens and encumbrances, does not exceed $200,000 as of the date of death. This affidavit is presented directly to the bank, employer, or agency holding the asset - it isn’t filed with a court. A separate affidavit, available only 6 months after death, applies when the decedent’s Arizona real property, less liens and encumbrances, does not exceed $300,000. This one is filed with the Superior Court and then recorded with the county recorder.

How is real property value calculated?

Using the county assessor’s Full Cash Value for the year of death, minus the unpaid balance on any mortgage or secured lien - not market value from a realtor’s opinion or an online estimate.

When did these thresholds change?

Under HB 2116, effective September 26, 2025, both limits rose substantially - personal property from $75,000 to $200,000, and real property from $100,000 to $300,000. Court-form guidance we found says the new limits apply to affidavits filed on or after that date, which would mean an estate for a person who died earlier might qualify now. We did not read the bill’s own applicability language, so if the death was before September 26, 2025 and the estate is between the old and new limits, confirm with the holder, the court, or an Arizona attorney which limit applies. An earlier version of this page stated that rule as settled.

Is there a special option for unpaid wages?

Yes - a surviving spouse may collect up to $5,000 of the decedent’s unpaid wages at any time after death - no waiting period required, and separate from either standard affidavit.

What disqualifies an estate from using this process?

Contested claims among heirs, active creditor claims against the estate, multiple Arizona real properties whose combined net equity exceeds $300,000, or a contested will generally forces full probate instead of either affidavit.

What should I do next?

Get the county assessor’s Full Cash Value for any Arizona real property before assuming either threshold is exceeded - it’s often lower than what an online estimate or realtor’s opinion would suggest. If there’s a surviving spouse and unpaid wages are owed, that $5,000 can be collected immediately without waiting for either affidavit’s timeline.

Add this to your Final Day Plan: a rough estimate of your Arizona real estate equity using the assessor’s Full Cash Value, not a market estimate - it’s the actual figure your family would need to check against the $300,000 threshold.

Arizona law changes periodically, including these specific dollar thresholds - both were raised as recently as September 2025. This is general educational information, not legal advice - confirm current requirements directly with an Arizona-licensed attorney.