State Laws
- Maximum Amount: $200,000 for all personal property in the estate (less liens and encumbrances).[1][2]
- Signing Requirements: Must be notarized.[3]
- Where to File: The personal property affidavit is presented directly to the holder of the asset (not filed with the court).[4][5]
- When to File: 30 days after death for personal property.[6][7]
- Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).[8]
Rightful Heirs (Hierarchy)
If the decedent did not have a will, the beneficiary hierarchy is as follows:
- Spouse: The surviving spouse receives the entire estate if the decedent had no descendants, or if all of the decedent’s descendants are also the surviving spouse’s. If the decedent had descendants from another relationship, the spouse receives one-half of the decedent’s separate property and no share of the decedent’s community property; the children receive the rest.[9][10]
- No Spouse, Children: If there is no surviving spouse, the children split the estate equally, even if the decedent’s parents are living. A deceased child’s share passes to that child’s descendants.[11]
How to File a Small Estate
Step 1 – Wait the Required Period
For personal property such as bank accounts, wages, stocks, and vehicles, at least 30 days must pass after the death.[12][13]
Step 2 – Confirm the Estate Qualifies
For personal property, the net value after subtracting liens and encumbrances must be $200,000 or less. No personal representative may currently be serving or have an application pending.[14][15]
Step 3 – Complete the Correct Affidavit
Use the Affidavit for Collection of Personal Property for personal property.[16]
Step 4 – Sign Before a Notary
Sign the affidavit in front of a notary and attach a certified copy of the death certificate.[17]
Step 5 – Present or File the Affidavit
For personal property, present the notarized affidavit and death certificate to the bank, employer, or other holder of the asset.[18][19]
Sample
Download: PDF
Sources
- A.R.S. § 14-3971(B)
- Arizona Senate (Fact Sheet)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
- A.R.S. § 14-3971(B)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
- A.R.S. § 14-3971(B)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
- A.R.S. § 14-2104(A)
- A.R.S. § 14-2102
- A.R.S. § 14-2103
- A.R.S. § 14-2103
- A.R.S. § 14-3971(B)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
- A.R.S. § 14-3971(B)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
- A.R.S. § 14-3971(B)
- Maricopa County Superior Court (Small Estate Affidavit for Transfer of Property)
