Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: Arizona lets a small estate be settled with two separate tracks — an affidavit and a court petition, usable 30 days after death, and it is either route, depending on which track you use. Real estate: yes.
Provisional. Published at medium confidence; the points we could not confirm are listed below rather than smoothed over.
The verdicts
| Instrument | two separate tracks — an affidavit and a court petition |
|---|---|
| Wait after death | 30 days after death |
| Where it goes | either route, depending on which track you use |
| Notarised? | Not stated |
| Reaches real estate? | Yes |
| Authority | A.R.S. § 14-3971 |
What the statute actually says
Thirty days after the death of a decedent … A person or persons claiming as successor or successors to the decedent’s interest in real property…may file in the court in the county in which the decedent was domiciled.
— A.R.S. § 14-3971
The dollar limit
A.R.S. §14-3971 as amended by HB 2116 (signed March 31, 2025): personal property up to $200,000 and real property up to $300,000 (both net of liens/encumbrances) — up from $75,000/$100,000. Sources conflict on exact 2025 effective date (June 30 vs Sept 26, 2025), but new limits are fully in effect as of mid-2026. Waits: 30 days (personal property), 6 months (real property).
The form
We did not locate an official free state form. That does not mean none exists — many states publish forms through individual county or probate offices rather than a single statewide page, and several court websites blocked automated access entirely. Ask the probate court or register of wills in the county where the person lived before paying anyone for a form.
The waiting period is the part that voids transfers
Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.
What could not be verified
azcourts.gov (statewide self-service center) returned 403 Forbidden on every attempt this session (the whole domain appears to block automated readers); Maricopa County self-help probate page returned 404; no official form URL could be located/verified. Personal-property affidavit (30-day wait, no stated notarization, presented directly to holder) is distinct from the real-property affidavit (6-month wait, $300,000 cap, must be filed in court and recorded with the county recorder).
When this route is the wrong one
- The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
- There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
- Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
- Debts exceed assets. Paying the wrong creditor first can make you personally liable.
Related: how the process works, step by step · affidavit versus summary administration.
General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.
Related: whether Arizona requires the executor to post a bond.