AZ · Superior Court — Probate

Arizona

Small-estate-affidavit threshold and procedure under § A.R.S. § 14-3971.
Verified 2026-05-04Threshold band: permissive

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