Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Understanding Arizona Small Estate Affidavits
Arizona law allows heirs to collect certain personal property without formal probate when the decedent’s qualifying assets total $75,000 or less. You must wait at least 40 days after death and confirm that no personal representative or administrator has been appointed. See Arizona Revised Statutes §14-3971 for details: ARS §14-3971.
Required Documents to Complete a Small Estate Affidavit
- Certified Death Certificate: Obtain an official copy from the Arizona Department of Health Services or the county recorder.
- Small Estate Affidavit Form: Use the statutory form or draft an affidavit that includes:
- The decedent’s full name, date of death and place of residence.
- A statement that no personal representative has been appointed.
- A list of all qualifying personal property (excluding real estate and most motor vehicles) with individual values and total value not exceeding $75,000.
- An affidavit under penalty of perjury confirming the facts. Arizona law requires this under ARS §14-3972: ARS §14-3972.
- Heir and Beneficiary Information: Provide names, addresses and relationship to the decedent for all heirs entitled to share in the estate.
- Proof of Identity for the Affiant: A government-issued photo ID (e.g., driver’s license or passport) to verify the person signing the affidavit.
- Creditor Information: If known, list any outstanding debts or liens against the decedent’s estate.
- Notice of Affidavit Filing: Publish or mail notice to potential creditors when required. Arizona law may require notice under ARS §14-3974: ARS §14-3974.
- Notarization: Sign the affidavit before a notary public.
- Filing Fee: Check the current fee schedule at your county superior court’s probate division.
Helpful Hints
- Verify each asset’s fair market value as of the decedent’s date of death.
- Ensure the total qualifying personal property value does not exceed $75,000.
- Do not include real estate; use formal probate or other procedures for real property.
- For motor vehicles, consult the Arizona Department of Transportation for title transfer rules using a small estate affidavit.
- Keep certified copies of all filings and correspondence with the court and creditors.
- Check county court websites for localized affidavit forms or instructions.
- Consider consulting an estate attorney if your situation involves complex assets or disputes among heirs.