In Arizona, a small estate affidavit, also known as an Affidavit for Collection of all Real Property or Affidavit for Collection of Small Estate, can be used to transfer assets to heirs when the decedent’s estate qualifies as a “small estate.” This allows for a simplified and expedited process without the need for formal probate proceedings. Here are the general steps to use a small estate affidavit in Arizona:

1. Determine Eligibility

Ensure that the estate qualifies as a small estate under Arizona law. In Arizona, the value of the personal property to be collected by affidavit may not exceed $75,000, less liens and encumbrances. Personal property includes cash, bank accounts, stocks, bonds, cars, jewelry, or money owed to the decedent. A small estate affidavit cannot be used to collect personal property until at least 30 days after the decedent’s date of death.

The value of any real property located in Arizona, less liens and encumbrances, may not exceed $100,000. Real property includes any homes, land, or permanent structures on land located in Arizona. These values are determined as of the date of death of the decedent. A small estate affidavit cannot be used to collect real property until at least 6 months after the decedent’s date of death.

You will need to obtain the asset information of the decedent with the values of the assets in order to determine eligibility.

2. Gather Necessary Documents

Once you have obtained the asset information, collect the related documentation, which typically includes the following:

• Statements from the financial institutions where an asset needs to be collected as of the decedent’s date of death.
• The original death certificate of the decedent.
• A copy of the decedent’s will, if they had one. If the decedent died intestate or without a will, you will need to determine who is entitled to receive their assets under Arizona intestate law.

3. Complete the Small Estate Affidavit

Fill out the small estate affidavit form with accurate information. The form usually requires details about the decedent, their heirs, a description of the assets, information about any will of the Decedent, confirmation that no probate has been filed or Personal Representative appointed, and a declaration that the estate qualifies as a small estate.

4. Sign and Notarize the Affidavit

Sign the small estate affidavit in the presence of a notary public. The affidavit must be signed and notarized to be valid.

5. File the Affidavit for Real Property

If you are collecting real property by small estate affidavit, the original small estate affidavit, original will, and certified copy of the death certificate must be filed with the Court.

6. Await Court Approval for Real Property

The court will review the affidavit and supporting documents to ensure they meet the requirements to transfer real property. With proper documentation, the court will issue a certified small estate affidavit.

7. Transfer Assets

You can use the small estate affidavit to transfer the assets to the designated heirs directly from the financial institution holding estate funds. For real property, the certified small estate affidavit must be recorded with the county recorder’s office.

It is important to note that the specific procedures and requirements for using a small estate affidavit may vary slightly depending on the county in Arizona.

It is always recommended to consult with an attorney to ensure that a small estate affidavit is appropriate. If you need assistance in handling a loved one’s estate after their death, we are here to help. Call us at 480-922-1010 or email info@bivenslaw.com to schedule your phone, Zoom, on in-person consultation. We understand the law and process required to efficiently handle post-death estate matters.

— Hannah McGuire, Esq.