Losing a loved one is hard enough without getting stuck in months of court paperwork just to access their bank account or personal belongings. In Arizona, if the estate is small enough, you can skip probate entirely by using a small estate affidavit. This simple legal tool lets heirs or beneficiaries collect assets quickly often within weeks without opening a formal court case.

What is an Arizona small estate affidavit?

An Arizona small estate affidavit is a sworn statement that allows someone entitled to receive property from a deceased person to claim it directly from banks, brokers, or other holders without going through probate court. It’s governed by Arizona Revised Statutes §14-3971, and it only works if the estate meets specific size and timing rules.

When can you use this process?

You can use the affidavit only if:

  • The total value of all personal property (like bank accounts, vehicles, or jewelry) owned solely by the deceased is $75,000 or less.
  • At least 30 days have passed since the person died.
  • No probate case has been opened or if one was started, it’s been closed.

Real estate isn’t covered by the standard small estate affidavit unless it qualifies under Arizona’s separate transfer-on-death deed rules. For more on whether your situation qualifies, see our overview of eligibility criteria.

Step-by-step: How to complete the Arizona small estate affidavit process

  1. Gather basic information. You’ll need the death certificate, a list of the deceased’s personal property (with estimated values), and proof of your relationship or legal right to inherit (like a will or family tree).
  2. Confirm no probate is pending. Check with the county superior court where the person lived to make sure no one has filed for probate.
  3. Fill out the affidavit form. Use the official Arizona small estate affidavit form, which includes details about the decedent, the assets, and your legal claim.
  4. Sign in front of a notary. All claimants must sign the affidavit under penalty of perjury, and the signatures must be notarized.
  5. Send or deliver the affidavit to the asset holder. Give a copy to the bank, DMV, or other institution holding the property. They typically release the asset within a few business days.

Common mistakes to avoid

People often run into trouble by:

  • Trying to use the affidavit too soon remember, you must wait 30 days after death.
  • Including real estate in the asset list (unless it’s covered by a beneficiary deed).
  • Failing to list all known debts. While you don’t pay creditors through this process, you must state whether debts exist.
  • Submitting an unsigned or unnotarized form. Institutions will reject incomplete affidavits outright.

What if there’s a will?

A will doesn’t disqualify you from using the small estate affidavit. In fact, if the will names you as a beneficiary of personal property under $75,000, the affidavit helps you claim it faster. Just attach a copy of the will when submitting the affidavit. If there’s no will, Arizona’s intestacy laws determine who can file usually the surviving spouse, children, or parents.

Do you need a lawyer?

Not necessarily. The process is designed for people to handle on their own. However, if multiple heirs disagree, debts are complex, or the asset holder pushes back, consulting an attorney familiar with Arizona’s affidavit requirements can save time and stress.

For official guidance, the Arizona Judicial Branch provides general probate resources at azcourts.gov.

Next steps checklist

  • Wait at least 30 days after the date of death.
  • Add up the value of all personal property the deceased owned alone (exclude joint accounts or POD/TOD assets).
  • Get a certified copy of the death certificate.
  • Download and complete the correct affidavit form.
  • Have all claimants sign before a notary.
  • Submit the affidavit to each institution holding assets.