What are the small estate limits in Arizona?

Since September 26, 2025, the limits under A.R.S. 14-3971 are $200,000 for personal property and $300,000 for Arizona real property, both measured net of liens and encumbrances.

How long is the waiting period in Arizona?

Thirty days for personal property, and six months for real property. The longer real property wait gives creditors time to come forward.

Is the limit based on gross value or equity?

Equity. Liens and encumbrances are subtracted, so a $450,000 home with a $200,000 mortgage counts as $250,000 and fits under the real property cap.

Does the affidavit have to be filed with a court?

For personal property, no. It is presented directly to the asset holder. The real property affidavit is filed with the Superior Court and recorded with the county recorder.

Arizona Small Estate Affidavit: The 2025 Limit Increase

General information, not legal advice. Arizona changed these limits in 2025 and many county court forms still show the old figures. Confirm the current statute before filing or relying on a downloaded form.

Arizona just got much more generous: as of September 26, 2025, the small estate affidavit covers up to $200,000 in personal property and $300,000 in real property, both measured after subtracting mortgages and liens. Crucially, the new caps apply by the date you file, not the date of death, so estates that failed under the old limits may qualify today.

Check the Arizona limits ↓

What are the Arizona limits now?

Arizona sets two separate ceilings, one for each kind of property. Under A.R.S. Section 14-3971, personal property, meaning bank accounts, vehicles, investments, and the like, may be collected by affidavit when the total is $200,000 or less, up from the previous $75,000. Arizona real property qualifies at $300,000 or less, up from $100,000. House Bill 2116 made both changes effective September 26, 2025, and they were long overdue since the old figures had not moved in years and left most estates out. If you are reading an article or holding a county form that still says $75,000 and $100,000, it predates the change and will steer you wrong.

Why the filing date matters more than the death date

This is the detail that makes Arizona genuinely different, and it is worth acting on. The new limits apply to affidavits filed on or after September 26, 2025, regardless of when the person died. Most states tie a threshold change to the date of death, which locks families into whatever the law said the year they lost someone. Arizona did the opposite. So if a relative died in 2022, 2023, or 2024 and the estate was too large for the old caps but sits under the new ones, you may be able to file the affidavit now and skip probate entirely, even years later. That is a real second chance for estates people gave up on.

The limits measure equity, not value

Arizona counts net value, and that changes the arithmetic considerably. Liens and encumbrances come off before you test against the cap, so what matters is equity. A house worth $450,000 carrying a $200,000 mortgage has $250,000 in equity and fits comfortably under the $300,000 real property ceiling, while the same house owned free and clear would not qualify at all. It is a slightly counterintuitive result, debt helping you qualify, but it follows directly from how the statute is written. For real property the value is based on the assessor's full cash value, with the assessment year depending on whether a personal representative was ever appointed.

Two waits, two destinations

The two property types also travel different paths. For personal property you wait at least 30 days from the death, all heirs sign the affidavit, and you present it with a certified death record directly to the bank or firm, no court filing required at all. For real property the wait stretches to six months, giving creditors time to surface, and the affidavit is filed with the Superior Court and then recorded with the county recorder, with a recording fee in the range of thirty to fifty dollars in Maricopa County. Some institutions push back and insist on probate or on court filing for personal property; the statute does not require it, and pointing to Section 14-3971 usually resolves the standoff.

Arizona small estate questions

What are the limits now?: Since September 26, 2025, $200,000 for personal property and $300,000 for Arizona real property, both net of liens and encumbrances.
Do they depend on the date of death?: No. They apply to affidavits filed on or after that date regardless of when the person died, so an estate that failed under the old caps may qualify now.
How long is the wait?: Thirty days for personal property, six months for real property.
Gross value or equity?: Equity. A $450,000 home with a $200,000 mortgage counts as $250,000 and fits under the real property cap.
Must it be filed with a court?: Not for personal property, which goes straight to the asset holder. The real property affidavit is filed with the Superior Court and recorded with the county.

Written by the Trámites Notariales US editorial team, based on A.R.S. Section 14-3971 as amended by House Bill 2116, effective September 26, 2025. Many county forms are outdated; verify.