If someone you loved passed away in Arizona and left behind a modest amount of assets like a bank account, car, or personal belongings you might not need to go through full probate court. Instead, Arizona law allows heirs to use a small estate affidavit to claim those assets quickly and affordably. This process is especially helpful when there’s no will or when the estate is straightforward and under a certain value.

What is an Arizona small estate affidavit?

An Arizona small estate affidavit is a legal form that lets qualified heirs collect property from a deceased person’s estate without opening a formal probate case. It works only if the total value of the estate (excluding real estate) is $75,000 or less, and at least 30 days have passed since the person died. The form must be signed under penalty of perjury and include details like the decedent’s name, date of death, a list of assets being claimed, and the heir’s relationship to the deceased.

When can you actually use this affidavit?

You can use the affidavit only if the estate meets specific limits set by Arizona law. For example, if your aunt passed away with $60,000 in a checking account and a used truck worth $10,000, her estate would qualify. But if she also owned a house in her name alone, that real property isn’t covered by the affidavit you’d need a different process for that. Also, you must wait until 30 days after death before filing, and there can’t already be a personal representative appointed by the court.

If you’re unsure whether your situation fits, review the full eligibility requirements before moving forward.

How do you fill out and file the form correctly?

The affidavit itself isn’t complicated, but mistakes can delay or block your claim. You’ll need to list every asset you’re claiming, its approximate value, and where it’s held (like the bank name and branch). You must also state that you’re legally entitled to receive the property usually as a named beneficiary, surviving spouse, child, or heir under Arizona intestacy laws.

After completing the form, you don’t file it with the court. Instead, you send it directly to the institution holding the asset such as a bank, DMV, or brokerage firm along with a certified copy of the death certificate. Most institutions have their own procedures, so call ahead to confirm what they require.

For a step-by-step walkthrough, including where to get the right form and how to serve it properly, see our guide on filing steps for the Arizona small estate affidavit.

Common mistakes people make

  • Claiming real estate: The affidavit only covers personal property not homes, land, or other real estate.
  • Filing too soon: You must wait at least 30 days after the date of death.
  • Overstating eligibility: If multiple heirs exist, all eligible heirs must sign the affidavit or you must explain why others aren’t included.
  • Skipping the death certificate: Institutions almost always require a certified copy along with the affidavit.

What if there’s a will?

Even if there’s a valid will, you can still use the small estate affidavit as long as the estate qualifies by value and type. The will determines who inherits, so the affidavit must reflect those instructions. For instance, if the will leaves a savings account to a friend, that friend (not a family member) would sign the affidavit to claim it.

Where can you get the official form?

Arizona doesn’t provide one single statewide form, but most counties and financial institutions accept a standard template that includes all required legal statements. You can find a reliable version through the Arizona Judicial Branch or legal aid organizations. Make sure your form includes the exact wording required by Arizona Revised Statutes §14-3971.

If you’re preparing the form yourself, double-check that it matches current statutory language older templates online may be outdated.

What to do after you submit the affidavit

Once the bank or agency receives your affidavit and supporting documents, they typically release the asset within a few business days. Keep copies of everything you send, and follow up if you don’t hear back in a week. If an institution refuses your affidavit, ask for their reason in writing it could be a simple fix, like missing notarization or an incomplete asset description.

For more on what happens after submission and how to handle pushback, read about the full Arizona small estate affidavit process.

Quick checklist before you start

  • Confirm the estate’s total personal property value is $75,000 or less
  • Wait at least 30 days after the date of death
  • Verify you’re legally entitled to the asset (by will or intestacy law)
  • Get a certified copy of the death certificate
  • Use a current, legally compliant affidavit form
  • Contact the holding institution first to confirm their requirements

If everything lines up, you can likely avoid probate and access the assets within days not months. For a complete overview of forms, timing, and who qualifies, refer to our main Arizona small estate affidavit forms guide.