How to confirm a bank account is small enough to use Arizona’s small estate process

This FAQ explains, in plain language, how to check whether a decedent’s bank account (and other personal property) falls below the dollar threshold that allows use of Arizona’s small estate procedure. It focuses on practical steps you can take right away and what counts toward the total. This is educational only and not legal advice.

Short answer

First, confirm the current Arizona small‑estate dollar limit with the Arizona statutes or the Arizona Courts. Then determine the decedent’s ownership interest and the account balance on the date of death. Count all probate‑subject personal property (including that bank account) when comparing to the statutory limit. If the total probate personal property is at or below the statutory limit, you may be able to use Arizona’s small estate affidavit procedure or other simplified collection methods.

Official sources (statute and Arizona Courts) about small estates: Arizona Revised Statutes — Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. Arizona Courts — Small Estates information and forms: https://www.azcourts.gov/selfservicecenter/Probate/Small-Estates.

Step‑by‑step: how to find out whether the account is under the small‑estate limit

1. Confirm the current dollar limit
   Arizona law sets a dollar threshold that determines when simplified procedures are available. Because statutes change, check the Arizona Revised Statutes (Title 14) or the Arizona Courts small estates page (links above) to confirm the current limit before you rely on it.
2. Decide whether the account is a probate asset
   Only assets that are “probate” property count toward the small‑estate total. Do NOT count funds that already pass outside probate, such as:
   • Accounts with a valid payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary;
   • Accounts held jointly with rights of survivorship (these often pass to the surviving owner outside probate);
   • Assets held in a valid living trust.

   If the account is titled solely in the decedent’s name, it is typically a probate asset and will count toward the limit.

3. Get the exact balance on the date of death
   Small‑estate eligibility is based on the value of probate assets as of the decedent’s date of death (not current balance months later). To get an accurate date‑of‑death balance:
   • Check the decedent’s most recent bank statement and online banking records and note the balance on the date of death.
   • If you cannot access online information, call or visit the bank and ask the bank’s probate or fiduciary department for a ledger showing the decedent’s balance on the date of death (banks commonly provide this to the person handling the estate once provided with a death certificate and identification).
   • Request a transaction history around the date of death to confirm deposits, holds, or pending transactions that affect the date‑of‑death balance (interest, automatic bill payments, or returned items can change the number).
4. Include all probate personal property in the total
   Count other personal property that is probate subject — for example: cash, other bank or brokerage accounts solely in the decedent’s name, motor vehicles titled only in the decedent’s name, household goods, and personal effects. Real estate typically requires a regular probate; check whether it is excluded or included by the statute. The small‑estate process usually applies to personal property (moveable assets) rather than real property.
5. Consider liens and secured claims
   If an asset carries a lien (for example, a garnishment or a lien), that may reduce the net value available to the estate. For bank accounts, outstanding garnishments or court levies reduce funds on hand. If you find recorded liens on other probate assets, those may reduce net value. The precise effect of liens on the statutory threshold can be technical — if liens materially affect whether you qualify, consider asking a probate clerk or attorney for guidance.
6. Combine the totals
   Add the date‑of‑death balances of all probate personal property. Compare the combined total to the current statutory small‑estate limit. If the combined total is at or below the limit and the assets are eligible types (personal property that passes under the small‑estate statute), you can typically use the small‑estate affidavit or other simplified collection method.
7. If the bank refuses to release funds
   Even if you believe the estate qualifies, banks sometimes require a court order, formal probate, or the exact small‑estate affidavit form before releasing funds. Present the bank with:
   • A copy of the decedent’s death certificate;
   • The completed small‑estate affidavit (if available and the bank accepts it);
   • Proof of your identity and relationship (letters testamentary/administration if already appointed, or other identification).

   If the bank still refuses, you can either file the small‑estate affidavit with the court (when required by statute) or ask the court clerk about the court route to compel release.

Common issues to watch for

• Different institutions treat POD/joint accounts differently — confirm bank policy and review account title language.
• Pending checks, uncleared deposits, and automatic payments active on the date of death affect the date‑of‑death balance; ask the bank for an exact ledger rather than guessing from month‑end statements.
• Small‑estate rules usually count the total of personal property subject to probate across all sources, not just one account.
• Some assets (certain retirement accounts or life insurance) pass by beneficiary designation and usually do not count as probate property; confirm how each asset is titled.

What to bring when you ask the bank

Bring:

• Certified copy of the death certificate;
• Photo ID for yourself;
• Account numbers or most recent statements;
• Any document showing your status (will naming you personal representative or beneficiary, or letters of appointment if you already have them).

If you’re unsure or your situation is complex

If the estate includes multiple accounts, real property, contested ownership, possible liens, or debts that may affect estate value, contact a probate clerk at your county superior court or consult a probate attorney. The Arizona Courts site has self‑help information and local forms for small estates: https://www.azcourts.gov/selfservicecenter/Probate/Small-Estates.

Helpful Hints

• Confirm the current small‑estate dollar limit on the Arizona statutes page before assuming the $20,000 figure is correct: https://www.azleg.gov/arsDetail/?title=14.
• Always get the bank’s ledger or transaction history showing the exact balance on the date of death — this is the best proof for the bank and for any affidavit or court filing.
• Don’t forget to add other probate assets when checking the limit — a single account under the limit may still push the estate over the limit when combined with other assets.
• If an account lists a POD beneficiary or joint tenant, get written confirmation from the bank about how they will treat the account after death.
• Keep copies of everything you give the bank (death certificate, affidavit, communications) and record the names of bank staff you speak with.
• Use the Arizona Courts self‑service pages for sample affidavits and local filing instructions: https://www.azcourts.gov/selfservicecenter/Probate/Small-Estates.
• If a creditor has a valid levy or there is a pending garnishment, those amounts reduce what is available to distribute and may affect eligibility — ask the bank if any holds exist.

Disclaimer: This is general information about Arizona law and is not legal advice. Laws change and every situation is different. For advice about your specific case, contact a licensed Arizona attorney or the probate clerk at your county superior court.