Arizona small estate affidavit (A.R.S. 14-3971): $200,000 personal property and $300,000 real property limits since September 26, 2025
Arizona has two small estate affidavits under A.R.S. 14-3971. The affidavit for personal property can be used 30 days after the death when all of the decedent's personal property, wherever located, less liens and encumbrances, is worth no more than $200,000. The affidavit of succession to real property can be filed with the superior court six months after the death when the decedent's Arizona real property, less liens, is worth no more than $300,000. Both figures took effect on September 26, 2025, under House Bill 2116 (Laws 2025, chapter 24). Before that date the limits were $75,000 and $100,000.
We record each state's limit, waiting period and official forms, with the statute and the date we checked. This page is general information, not legal or tax advice. Whether an estate qualifies depends on the facts, and court staff can explain procedures but do not give legal advice.
- Personal property limit
- $200,000, less liens and encumbrances, all personal property wherever located
- Real property limit
- $300,000 of Arizona real property, less liens, using the assessor's full cash value
- Wait, personal property
- 30 days after the death
- Wait, real property
- 6 months after the death
- In effect since
- September 26, 2025
- Law that raised them
- HB 2116, Laws 2025, chapter 24, approved by the Governor March 31, 2025
- Previous limits
- $75,000 personal property, $100,000 real property
- Filed with a court?
- Personal property: no. Real property: yes, then the certified copy is recorded
- Spouse wage affidavit
- Up to $5,000 of unpaid wages, any time after the death
- Maricopa County forms
- PBSE11f (personal property) and PBSE12f (real property), pages coded 092625
- Checked
- 2026-10-13
Figures above were read from A.R.S. 14-3971 on the Arizona Legislature website, the chaptered text of Laws 2025, chapter 24, the Arizona House 2025 Summary of Legislation, and the Maricopa County Superior Court's small estate packet on 2026-10-13. See sources.
The two affidavits side by side
For personal property, subsection B of 14-3971 requires a sworn statement that "the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000 as valued as of the date of death." The affidavit is handed to the bank, broker, debtor or other holder; it is not filed with a court.
For real property, subsection E requires that the value of all of the decedent's real property located in Arizona, less liens and encumbrances, "does not exceed $300,000 as valued at the date of death." The statute fixes how that value is measured: "The value of the decedent's interest in that real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died". The personal property total is not part of the real property test, and the real property total is not part of the personal property test.
| Item | Personal property affidavit, 14-3971(B) | Real property affidavit, 14-3971(E) |
|---|---|---|
| Dollar limit | $200,000 | $300,000 |
| What is counted | All personal property in the estate, wherever located, less liens and encumbrances | All real property in the estate located in Arizona, less liens and encumbrances |
| How value is measured | Value as of the date of death | Full cash value on the assessment rolls for the year of death |
| Earliest use | 30 days after the death | 6 months after the death, shown by a certified death certificate attached to the affidavit |
| Debts that must be paid first | Funeral expenses and expenses of the last illness | Funeral expenses, expenses of the last illness and all unsecured debts |
| Other statements | No personal representative appointed or pending; the successor is entitled to the property | Same personal representative statement; no other person has a right to the property; no federal estate tax is due |
| Where it goes | To the person or company holding the property | Filed with the superior court; the registrar issues a certified copy, which is recorded with the county recorder |
| Court filing fee | None (not filed) | The normal filing fee, unless waived under A.R.S. 12-301 or 12-302 |
| Maricopa County form | PBSE11f, Affidavit for Collection of All Personal Property | PBSE12f, Affidavit for Transfer of Title to Real Property, with cover sheet PB10f |
After the registrar receives a complete real property affidavit, subsection F says "the registrar shall issue a certified copy of the affidavit without attachments, and the copy shall be recorded in the office of the recorder in the county where the real property is located." Subsection E names the court: the county where the decedent was domiciled at death or, for a decedent not domiciled in Arizona, any county where the decedent's real property is located.
How the limits changed
House Bill 2116 had one section, which amended 14-3971. The Arizona Senate fact sheet describes it this way: "Increases, from $75,000 to $200,000, the maximum value of all personal property in a decedent's estate that allows a transfer of the estate by affidavit." The real property figure rose from $100,000 to $300,000 in the same section. The $5,000 limit for a surviving spouse collecting wages under subsection A did not change.
| Period | Personal property limit | Real property limit | Law |
|---|---|---|---|
| From September 26, 2025 | $200,000 | $300,000 | HB 2116, Laws 2025, ch. 24, approved March 31, 2025 |
| September 13, 2013 - September 25, 2025 | $75,000 | $100,000 | SB 1232, Laws 2013, ch. 112, approved April 16, 2013 |
| Before September 13, 2013 | $50,000 | $75,000 | Start date of these figures not confirmed |
The 2025 Summary of Legislation lists HB 2116 with the line "Effective: September 26, 2025" and gives the session's adjournment as June 27, 2025. Neither the 2025 law nor the 2013 law contains an emergency clause or its own effective date.
Deaths before September 26, 2025
Chapter 24 contains no clause saying whether the new figures apply by date of death, date of signing or date of filing. The statute itself sets the valuation date: date of death for personal property and real property when no personal representative has been appointed, and the date of the affidavit when a personal representative has been discharged or a closing statement has been on file for more than a year.
Some Arizona law firms write that the new limits depend on when the affidavit is filed or used, not on the date of death; one example is the Jaburg Wilk article listed in the sources. We did not find a court decision or a court rule on this point.
What the personal property affidavit does not cover
- Real estate. Land and houses go through the separate real property affidavit. The Maricopa packet says personal property "includes everything the decedent owned, other than real estate."
- Real estate outside Arizona. The real property affidavit's ordinary test counts real property "located in this state," and the Maricopa packet says it "cannot be used for real property outside of Arizona".
- A spouse's share of community property. Arizona's probate code defines the estate this way: "As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title."
- Wages owed to the decedent, up to $5,000. Subsection A lets an employer pay a surviving spouse up to $5,000 on a separate spouse's affidavit, at any time after the death.
Motor vehicles
The same personal property affidavit is used for a vehicle title. Subsection D says: "The motor vehicle division shall transfer title of a motor vehicle from the decedent to the successor or successors on presentation of an affidavit as provided in subsection B of this section and on payment of the necessary fees." Under A.R.S. 14-3972(B), the Motor Vehicle Division is released as if it had dealt with a personal representative and does not have to check the statements in the affidavit. The Maricopa packet lists cars among personal property and car loans among the amounts subtracted when the total is calculated.
The Arizona Department of Transportation publishes its own non-probate affidavit and instructions, but its pages returned an access error to our reader, so the current ADOT form, its stated limit and its fee are not confirmed here.
Official forms and what they say
The Maricopa County Superior Court's Law Library Resource Center publishes packet PBSE1, with the personal property affidavit PBSE11f and the real property affidavit PBSE12f. Every page we read carries the code 092625; we read this as a revision of September 26, 2025, but the court does not label the code as a date. The packet shows $200,000 and $300,000. On personal property it says: "Filing: No. This affidavit may be used once it is complete. It does not get filed with the Court." For real property it says a fee is charged but does not state the amount.
The packet and the court's web page differ from each other and from the statute in a few places:
- Paragraph 4 of PBSE11f says the property "is not greater than $200,000.00", while paragraph 10 of the same form asks for a total and says "(must be less than $200,000)." The statute's words are "does not exceed $200,000."
- The packet says "You may only use this affidavit if the decedent lived in Maricopa County." The court's web page says of the personal property affidavit: "It can only be used if decedent lived in Arizona." Subsection B of the statute does not contain a residence statement.
- For real property, the web page says "The Affidavit must be filed with the Court in the Arizona County where the property is." The statute names the county of domicile first and the county where the property is located only for decedents not domiciled in Arizona.
Pima County Superior Court's Form 01 small estate packet, labeled "For Use in Pima County", also shows $200,000 and $300,000. We found no revision date printed on it.
Official pages that still show older figures
| Page | Figure shown | Current figure |
|---|---|---|
| Pima County Superior Court: Affidavit for Collection of Personal Property ARS 14-3971(B) | $50,000 | $200,000 |
| Pima County Superior Court: Affidavit of Succession to Real Property ARS 14-3971(E) | $75,000 | $300,000 |
| AZCourtHelp.org FAQ: changing title on a deceased relative's property (dated 07 February 2024) | $100,000 (real property) | $300,000 |
The Pima County real property page also says: "There is a fee of $186.00, and, generally, $27.50 for the certified copy of the affidavit that you will need to record." Because the same page shows a superseded dollar limit, we have not treated that fee as confirmed.
What we could not confirm
- Whether the new limits apply to an affidavit for a death before September 26, 2025. The 2025 law is silent, and we found no court decision or court rule (we read the chaptered law, the House and Senate summaries, and the Maricopa and Pima forms).
- The Maricopa County filing fee for the real property affidavit. The Clerk of Superior Court's probate fee schedule returned an access error to our reader.
- The Arizona Department of Transportation's non-probate affidavit (form 32-6901), its stated limit and the title fee. ADOT's pages and the form returned an access error.
- When the pre-2013 figures of $50,000 and $75,000 first took effect. We confirmed only that the 2013 law replaced them.
For limits in other states, see our small estate affidavit limits by state table. How we source pages is on our about page.
Questions
What is the small estate affidavit limit in Arizona?
How long do you have to wait to use a small estate affidavit in Arizona?
Is the Arizona small estate affidavit filed with the court?
Does the $200,000 limit apply if the person died before September 26, 2025?
Can a car title be transferred with an Arizona small estate affidavit?
Sources
- A.R.S. 14-3971, collection of personal property by affidavit and affidavit of succession to real property - Arizona Legislature, read 2026-10-13
- A.R.S. 14-3972, effect of affidavit - Arizona Legislature, read 2026-10-13
- A.R.S. 14-1201, definitions - Arizona Legislature, read 2026-10-13
- Laws 2025, chapter 24 (HB 2116), chaptered text - Arizona Legislature, read 2026-10-13
- Senate fact sheet for H.B. 2116 - Arizona State Senate, read 2026-10-13
- 2025 Summary of Legislation, House Majority Research Staff - Arizona House of Representatives (PDF), read 2026-10-13
- Laws 2013, chapter 112 (SB 1232), chaptered text - Arizona Legislature (PDF), read 2026-10-13
- 2013 Summary of Legislation, House Majority Research Staff - Arizona House of Representatives (PDF), read 2026-10-13
- How to Transfer a Small Estate by Affidavit in Maricopa County - Superior Court of Arizona in Maricopa County, Law Library Resource Center, read 2026-10-13
- Small estate affidavit packet PBSE1 (PBSE11f, PBSE12f) - Superior Court of Arizona in Maricopa County (PDF), read 2026-10-13
- Form 01, Small Estate Affidavit, for use in Pima County - Pima County Superior Court (PDF), read 2026-10-13
- Affidavit for Collection of Personal Property ARS 14-3971(B) - Pima County Superior Court, read 2026-10-13
- Affidavit of Succession to Real Property ARS 14-3971(E) - Pima County Superior Court, read 2026-10-13
- FAQ: changing the title on a deceased relative's property - AZCourtHelp.org, read 2026-10-13
- About AZCourtHelp.org - AZCourtHelp.org, read 2026-10-13
- Reported by a law firm: Significant Increase in Arizona's Small Estate Thresholds - Jaburg Wilk, read 2026-10-13
Source links are not affiliate links. This page is general information, not legal, tax or financial advice.
