When a loved one passes away, guiding their estate through the formal probate process can seem overwhelming. However, Arizona offers a simplified process for settling small estates through an affidavit, which can save time and money. Understanding the eligibility requirements and procedures associated with small estate affidavits might make things much easier if you have been named as the executor of a family member’s will, or appointed as estate administrator by the court. 

An estate can qualify for this alternative to probate if it meets the following criteria:

• The total value of personal property to be distributed is no greater than $75,000. Bank account proceeds, cars, jewelry, money owed to the decedent and household items are included within this calculation.

• Real estate, which can include the decedent’s home and undeveloped land, cannot exceed $100,000 in total value. These values are calculated after deducting any liens or encumbrances on the property.

• At least 30 days must have passed since the decedent’s death for the distribution of personal property through an affidavit. For real property, this timeframe is extended to six months. These waiting periods exist so that there is ample opportunity for someone to make a claim on the property.  

Should the eligibility requirements be met, you will need a certified copy of the decedent’s death certificate to start the legal process. The will, if any, must also be filed. Separate forms exist called the “Affidavit for Collection of All Personal Property” and the “Affidavit for Transfer of Title to Real Property.” For personal property, present the affidavit directly to the individual or institution in possession of each asset. The real property affidavit should be brought to the registrar of the county recorder’s office where the property is located.

The affidavit process is faster, less expensive and less complex than formal probate. It allows heirs to obtain assets without court involvement, making it an ideal option for qualifying estates. While the affidavit procedure is straightforward, it’s essential to ensure all legal requirements are met. Consulting with an experienced attorney can help you complete each one successfully and avoid potential pitfalls.

The Law Firm of Joseph M. Udall, PLC provides knowledgeable counsel on estate administration issues, including use of small estate affidavits. For a consultation regarding your particular legal needs, please call (480) 500-1866 or contact us online. Our office is in Mesa.