Arizona’s small estate affidavit process has become more accessible for smaller estates with the enactment of House Bill 2116, signed into law on March 31, 2025. When this legislation goes into effect later this year,  more families will be able to avoid the complexities and costs of formal probate.

What Changed?

Previously, Arizona law permitted the use of a small estate affidavit for personal property valued up to $75,000 and real property valued up to $100,000. Under HB 2116, these limits have been raised to:

• Personal Property: Increased from $75,000 to $200,000
• Real Property: Increased from $100,000 to $300,000

These new thresholds mean that more estates can be settled without the need for formal probate proceedings.

How Does the Affidavit Process Work?

To use the affidavit process, certain conditions must be met:

• Personal Property: At least 30 days must have passed since the decedent’s death.
• Real Property: At least 6 months must have passed since the decedent’s death.
• Affidavit Requirements:
  • The affiant must declare legal entitlement to the property.
  • The estate’s total value must not exceed the new limits.
  • All debts, funeral, and final medical expenses must be paid or provided for.

Once these requirements are satisfied, heirs can present the affidavit directly to banks, title companies, and other institutions to collect or transfer property—without opening a full probate case.

Why This Matters

The changes under HB 2116 make it easier and more cost-effective for Arizona families to transfer assets after a loved one’s passing. By avoiding the time, expense, and stress of formal probate court, many families can now handle estate matters more efficiently.

Need Help Navigating Probate or Planning Ahead?

Understanding whether you qualify for a small estate affidavit—or deciding how best to structure your own estate—can be complex. If you have questions about a loved one’s estate or want guidance on estate planning, we’re here to help.

Contact our law firm today at 480-922-1010 to speak with an experienced probate and estate planning attorney. We’ll provide the clarity and support you need to make informed decisions and protect your family’s interests.

Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as offering legal advice or creating an attorney client relationship between the reader and the firm or author. You should not act or refrain from acting on the basis of any content included in this article without seeking appropriate legal advice about your individual facts and circumstances from an attorney licensed in your state. Bivens and Associates, P.L.L.C. expressly disclaims all liability with respect to actions taken or not taken based on any or all information contained in this article.

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