Detailed Answer: Which assets to list on an Arizona small estate affidavit

Short answer: On an Arizona affidavit for collection of a small estate, list the specific personal-property assets you intend to collect with the affidavit — and only those assets. Do not list non‑probate assets (for example, items that pass automatically to a named beneficiary or to a joint owner) or real property unless Arizona law and the receiving institution expressly allow it. Always confirm the statute and each payor’s requirements before submitting the affidavit.

How the Arizona small‑estate affidavit process works (big picture)

Arizona law provides a simplified affidavit process to collect certain small estates without formal probate. This process generally covers personal property (bank accounts, household goods, some vehicle titles, and other personal effects) up to the statutory limits and is subject to eligibility rules. For the statutory framework, see Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14.

Which assets you should list

• Solely-owned personal bank accounts and CDs: If the decedent owned the account alone (no POD/TOD beneficiary and not joint), list the account and the approximate balance as of the date of death. Banks will usually require account numbers, a copy of the death certificate, and their own forms in addition to your affidavit.
• Personal property and household goods: Furniture, jewelry, electronics, and other tangible personal property you will collect or dispose of should be listed. Give enough detail for the payor or recipient to identify the items.
• Vehicle titles held in the decedent’s sole name: Many motor‑vehicle departments accept a small‑estate affidavit or a specific affidavit form to retitle a vehicle. Provide the vehicle description, VIN, and title information. Check Arizona Department of Transportation requirements first: https://azdot.gov/motor-vehicles.
• Accounts payable to the estate (when payable to the estate rather than a beneficiary): If a creditor or other party owes money to the decedent but pays the estate, list that receivable if you intend to collect it via affidavit.
• Insurance or pension proceeds payable to the estate: If beneficiary designations named the estate (rare), list the policy and approximate payoff amount so the insurer can process payment to the estate or affiant.

Which assets you usually should NOT list (and why)

• Beneficiary‑designated assets: Life insurance, IRAs, 401(k)s, annuities, or bank accounts with a named payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary generally pass outside probate. Do not include these assets on an affidavit intended to collect probate property; instead, contact the payor or plan administrator to make a beneficiary claim.
• Jointly owned property with right of survivorship: Real or personal property titled jointly (for example, joint bank accounts, joint real estate) usually passes automatically to the surviving joint owner. Do not list it as probate personal property unless the joint ownership is disputed and you intend to claim it.
• Trust property: Assets owned by a revocable or irrevocable trust are not estate property. Do not include trust assets on a small‑estate affidavit; contact the trustee.
• Real property (real estate): The small‑estate affidavit typically does not transfer title to real property. Do not list land or houses unless a statute or court order specifically permits transfer by affidavit. Consult Title 14 for the specifics: https://www.azleg.gov/arsDetail/?title=14.

When it is acceptable to put a line blank or write “zero”

Use a blank or a zero only when the line genuinely does not apply or the item had no value at death. Examples:

• If the decedent had no automobiles, it is reasonable to leave the vehicle section blank or enter “0.”
• If a particular account balance was $0 at death or closed before death, write “0” or note that it was closed.

Do not put “0” to hide an asset you intend to collect. Omissions or false statements may create liability, cause the receiving institution to refuse payment, or expose you to criminal penalties for false swearing.

Practical steps to decide what to list

1. Collect documentation: obtain the death certificate, bank statements, title certificates, insurance policies, and account statements.
2. Identify probate vs. non‑probate assets: note beneficiary designations, joint owners, and trust ownership. Those items usually are not available through the affidavit.
3. Calculate the estate’s value limited to the types of property the affidavit controls (normally personal property). Compare that to the statutory small‑estate limit or eligibility rules in Title 14.
4. Contact the institution holding each asset before filing: many banks, insurers, and government agencies have their own affidavit forms, required attachments, and acceptance policies.
5. Only list the assets you plan to collect via affidavit — with accurate descriptions and values (or “0” if truly valueless).

Consequences of leaving assets off the affidavit

If you leave a collectible probate asset off the affidavit and later try to collect it, the payor may deny payment or require a different process (formal probate, ancillary proceedings, or a signed release from heirs). Leaving an asset off intentionally can create legal exposure for you, including claims from heirs or creditors and potential criminal penalties for making a false affidavit.

When to consult an attorney

If the estate has disputed ownership, significant assets near or above the small‑estate limit, real property, or complex beneficiary/title issues, consult an Arizona probate attorney. An attorney can advise whether the affidavit is appropriate, help prepare accurate documents, or guide you through formal probate if needed.

Where to confirm Arizona procedures and forms

• Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
• Arizona Department of Transportation (vehicle title and transfer rules): https://azdot.gov/motor-vehicles
• Arizona Courts — self help and forms pages (probate forms and procedures): https://www.azcourts.gov/

Helpful Hints

• Always start by listing only the probate personal property you will actually collect with the affidavit.
• Confirm each institution’s affidavit acceptance rules and required attachments before you file.
• Do not list assets that pass by beneficiary designation or joint survivorship; instead, claim those through the named beneficiary or surviving owner.
• If you are unsure whether an asset is probate property, get a written statement from the account holder or an attorney — it prevents disputes later.
• Keep thorough records: copies of the affidavit filed, death certificate, communications with banks/insurers, and receipts for assets collected.
• If the estate value approaches the statutory small‑estate limit or includes real property, consider formal probate early — it can prevent later litigation.

Disclaimer: This article explains general Arizona legal principles about small‑estate affidavits and is educational only. It is not legal advice. For advice about a specific situation, consult a licensed Arizona attorney.