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AZ · Superior Court — Probate

Arizona

Small-estate-affidavit threshold and procedure under § A.R.S. § 14-3971.

Verified 2026-05-04
Personal property
$200,000
statutory cap
30-day wait

Personal property under § 14-3971(B). Raised from $75K by HB 2116 (2022).

Real property
$300,000
separate cap
180-day wait

Real property under § 14-3971(E). Six-month wait, NOT 30 days.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Arizona's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Personal property under § 14-3971(B). Raised from $75K by HB 2116 (2022).

Personal property
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Waiting period
State requires 180 days to elapse from date of death (real-property path) before filing.
Real property
Eligible under a separate cap

Separate $300K cap with 180-day wait. Both thresholds and waits are different from personal-property path.

03

Where to file

File with the Superior Court — Probate in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Arizona judicial system operates an authoritative court locator.

Find your county’s Superior Court — Probate via the Arizona judicial council website. Search for “Arizona Superior Court — Probate county locator” or visit the state government court directory.

Note: in Arizona, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Forms
  • Affidavit of Succession to Personal Property
    Each Superior Court county publishes its own template.
  • Affidavit of Succession to Real Property
Statute
§ A.R.S. § 14-3971
https://www.azleg.gov/ars/14/03971.htm
collection of personal & real property