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Estate Affidavit Guide

Arizona Small Estate Affidavit

If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200+ to walk you through exactly what Arizona law already lets you do yourself. This kit is $37, one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or clerk pushes back.

Arizona's small estate affidavit (A.R.S. § 14-3971(B)) lets a decedent's successors collect personal property worth up to $200,000 — net of liens, wherever located — directly from a bank or other holder, without opening full probate. The affidavit is notarized and presented to each holder with a death certificate, at least 30 days after death. No court filing is required. A separate, court-filed affidavit handles real estate. This is informational only, written by researchers, not attorneys.

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Why this kit exists

The state's own form is usually clear about the fields and silent about the process. Families commonly report a bank branch insisting on court-issued Letters of Administration that the small estate statute doesn't actually require, and each extra trip lands in the same weeks as the funeral. Closing that gap — between a downloaded form and an asset holder who actually releases the property — is the whole reason this kit exists. Written under the pen name ; not an attorney.

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Why timing matters: Arizona raised this limit from $75,000 to $200,000 in September 2025, but counties did not all update their forms — one county's published form still prints $75,000 — and the state's own court site has no small-estate page at all. Downloading the wrong version, or presenting before the 30 days have passed, is a rejection that costs another trip to the notary and another round with the institution. Miss the window and the estate is generally pushed into full probate instead — a probate attorney typically charges $1,500–$4,200+ for work this kit is built to help you avoid.

The Arizona $200,000 Small Estate Affidavit cap

Filing Small Estate Affidavit in Arizona starts with one number — the statutory cap. The estate, measured the way the statute measures it, has to be at or under $200,000 (personal property of all kinds, wherever located, less liens and encumbrances and valued as of the date of death (personal property only — real estate is not part of this test)), under A.R.S. §§ 14-3971(B)–(D), 14-3972. This is a statutory line, not a judgment call — the court or asset holder either sees the total under the cap or they don't. There's also a fixed 30-day waiting period after death before you can file at all — separate from the eligibility question, and it doesn't move regardless of how quickly you gather everything else. Small Estate Affidavit is presented directly to the asset holder — no court filing required. Arizona publishes an official fill-in form: No single statewide form for this affidavit was found — each county court publishes its own version. The Maricopa County Superior Court's current form (PBSE11f, revised 09/2025) is used here as the reference, and Pima County uses the same packet. Always download the current version from your own county's court site: at least one county's published form (Mohave, last revised 11/2019) still prints the old $75,000 cap. .

How to file, step by step

  1. 1

    Add up the decedent's personal property, wherever located

    Total the value of all of the decedent's personal property — bank accounts, vehicles, securities, money owed to the decedent, and similar items — wherever it is located, less liens and encumbrances, as of the date of death. A.R.S. § 14-3971(B)(2) caps this at $200,000. Real estate is handled by a different affidavit and does not count toward this total.

  2. 2

    Wait at least 30 days from the date of death

    The holder's duty to pay or deliver begins thirty days after death, and the affidavit must state that thirty days have elapsed. The statute states no shorter period.

  3. 3

    Confirm no personal representative has been appointed or petitioned for

    The affidavit requires that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction. If one was granted, the representative must have been discharged or more than a year must have passed since a closing statement was filed.

  4. 4

    Confirm the funeral and last-illness expenses are paid

    The affidavit requires a statement that the funeral expenses and the expenses of the decedent's last illness have been paid.

  5. 5

    Download your county court's current affidavit form

    No single statewide form was found. Use the form from the superior court in your county — Maricopa County's PBSE11f (revised 09/2025) is the reference form for this guide, and Pima County uses the same packet. Check the revision date and the dollar cap printed on the form: some counties' older forms still show $75,000.

  6. 6

    Complete the affidavit, attach any will or assignments, and sign it before a notary

    Fill in the decedent's information, your relationship, the value statement, the personal-representative statement, the expenses statement, and the entitlement box that applies. Attach a copy of the will if you are named in one, or copies of any written assignments from heirs with equal or greater rights. List the property and any debts owed to the estate. Sign under oath before a notary — no court filing is required for this affidavit.

  7. 7

    Present the affidavit and a certified death certificate directly to each asset holder

    Take the notarized affidavit and a certified death certificate to the bank, brokerage, or other institution holding each asset. A.R.S. § 14-3971(B) says the holder shall pay or deliver, and § 14-3972(A) discharges a holder who does. For securities, the transfer agent changes registered ownership on the same affidavit (§ 14-3971(C)).

  8. 8

    Use the Motor Vehicle Division's own form for vehicles, and a separate court-filed affidavit for real estate

    For a vehicle, MVD uses its Non-Probate Affidavit (form 32-6901) and Title & Registration Application (form 96-0236) — at least 30 days after death, all title owners deceased, $200,000 total limit. This affidavit never transfers real estate: a house or land requires a different affidavit under § 14-3971(E), filed in the superior court no sooner than six months after death, for estates with real property up to $300,000.

Arizona’s small estate affidavit — the personal-property affidavit under A.R.S. § 14-3971(B) — lets a decedent’s successors collect personal property directly from a bank or other institution, without opening full probate administration, when all of the decedent’s personal property, wherever located and less liens and encumbrances, is worth $200,000 or less.

The affidavit is notarized and presented directly to each asset holder, not filed with a court. It requires at least 30 days to have passed since the date of death, no pending or granted application for a personal representative in any jurisdiction, and a sworn statement that the funeral and last-illness expenses have been paid. Real estate is not covered: it uses a separate affidavit filed in the superior court under § 14-3971(E).

No single statewide form was found. The county superior courts each publish their own — Maricopa County’s current version (revised September 2025) is the reference form for this guide — and the state judiciary’s own website has no small-estate guide. That gap, plus the 2025 increase from $75,000 to $200,000, is why county forms don’t always agree.

This page is informational only. It is not legal advice, and it does not draft, file, or individualize any affidavit. For advice on a specific estate, consult a licensed Arizona attorney.

What it actually looks like

Sample pages from the kit

Real pages from the Arizona kit PDF. Click any page to enlarge.

Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational claim cites the actual statute or official publication.

How this compares

Yes — Arizona's own form is free (that's the Free state form column below). The $37 is for everything the free form leaves you to work out alone: the eligibility check, the filing sequence, and what to do when a bank, DMV, or clerk pushes back.

This kit Probate attorney Free state form Doing nothing
Cost $37 $1,500–4,200+ $0 Eventually full probate, if the estate is never settled
Time to filed Same week 2–6 weeks If you can decode it alone Not until you act
Bank/DMV/clerk pushback script Yes Sometimes No n/a
Statute citations Yes n/a n/a n/a
Delivery time Instant download After consult + retainer Instant n/a

Attorney costs reflect typical Arizona probate-attorney retainers for this kind of filing.

The most-searched sticking point

What to do when a bank, DMV, or clerk pushes back

A facially valid filing still gets rejected on the first try more often than it should — usually because front-line staff have never processed one before, not because anything is actually wrong. This is the single biggest gap in every free state resource: none of them tell you what to actually say. The kit's Section 5 gives you the exact script and citation for each of these:

  • Bank or other asset holder refuses a compliant affidavit and insists on court-issued Letters
  • Institution says the affidavit can't be used because the estate includes a house
  • Institution rejects the form as outdated or shows a different dollar cap
  • A vehicle title transfer is rejected at the Motor Vehicle Division

Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but exactly what to say and what document to hand over. That's in the kit.

If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this kit, you get a full refund.

Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight. Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked. Full refund policy.

Avoid these

5 common reasons filings get rejected

All personal property in the estate exceeds $200,000
The limit applies to the value of all of the decedent's personal property, wherever located, less liens and encumbrances, as of the date of death — not just the Arizona accounts you are collecting. Debts owed to the decedent count toward the total on the Maricopa County form, and out-of-state personal property counts too. — A.R.S. § 14-3971(B)(2)(a)
Fewer than 30 days have passed since the date of death
The holder's duty to pay or deliver begins thirty days after death, and the affidavit must state that thirty days have elapsed. The statute states no shorter period for a nominated personal representative. — A.R.S. § 14-3971(B), (B)(1)
A personal representative has been appointed or a petition is pending
The affidavit requires that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction. The only exceptions are a representative who has been discharged or more than a year since a closing statement was filed. — A.R.S. § 14-3971(B)(2)(a)–(b)
Funeral and last-illness expenses have not been paid
The affidavit requires a sworn statement that the decedent's funeral expenses and the expenses of the last illness have been paid. This is one of the four required statements, not an optional one. — A.R.S. § 14-3971(B)(4)
The claimant has no legal right to the property
The affiant must be entitled to payment or delivery as the claiming successor — named in a will, or entitled as a spouse, child, parent, sibling or sole heir under the order of succession shown on the form, or by written assignment from everyone with an equal or greater right. Anyone who receives property under an affidavit remains "answerable and accountable" to a personal representative or any person with a superior right. — A.R.S. §§ 14-3971(B)(3), 14-3972(A)

Before you present the Arizona Small Estate Affidavit

Most rejected-on-the-first-try filings are a front-line-staff problem, not an eligibility problem. This free one-pager has what to bring and what to say the first time you hand it to a bank, DMV, or clerk — emailed now. We'll also send a few short follow-ups over the next few weeks (why most pushback is unfamiliarity not law, the exact citation to point to, when to call an attorney) — then we stop. No ongoing newsletter.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.

Questions

Frequently asked questions

What is Arizona's small estate affidavit called officially?
A.R.S. § 14-3971 is titled "Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property." The county court forms for the personal-property version are titled "Affidavit for Collection of All Personal Property" or "Affidavit for Collection of Personal Property." "Small estate affidavit" is the common name for the same instrument.
What is Arizona's current small estate affidavit limit?
$200,000 for personal property, net of liens and encumbrances, and $300,000 for real property under a separate affidavit. Both were raised by HB 2116 in 2025 — personal property from $75,000, real property from $100,000 (A.R.S. § 14-3971). The change took effect on the general effective date for 2025 legislation, in September 2025.
Why does my county's form show $75,000?
Some county forms were not updated after the 2025 change. Mohave County's published personal-property affidavit, for example, is marked "Revised: 11/2019" and still prints $75,000, while Maricopa County's (09/2025) and Pinal County's (9.15.25) show $200,000. The statute's current text, A.R.S. § 14-3971(B)(2), is $200,000.
How long do I have to wait?
Thirty days after death for the personal-property affidavit (A.R.S. § 14-3971(B)). A separate real-property affidavit requires six months (§ 14-3971(E)).
Does this affidavit cover a house?
No. The personal-property affidavit in A.R.S. § 14-3971(B) never transfers real estate. Real property uses a different affidavit under § 14-3971(E): it is filed with the superior court (not presented to a bank) no sooner than six months after death, requires all unsecured debts to be paid, is limited to $300,000 of real property valued at the assessor's full cash value, and after the court registrar issues a certified copy, that copy is recorded with the county recorder.
Do I file this affidavit with a court?
No. The personal-property affidavit is notarized and presented directly to each institution holding an asset, with a certified death certificate. A court is involved only if a holder refuses and you bring a proceeding to compel delivery under A.R.S. § 14-3972(A).
Can I use it for a car?
Yes, through the Motor Vehicle Division's own forms. A.R.S. § 14-3971(D) directs MVD to transfer title on the same type of affidavit, and MVD uses its Non-Probate Affidavit (form 32-6901) with a Title & Registration Application (form 96-0236). MVD's requirements: at least 30 days since death, all owners on the title deceased, and personal property including the vehicle not exceeding $200,000.
What if a bank refuses to honor the affidavit?
A.R.S. § 14-3971(B) says a holder "shall" pay or deliver to a claiming successor who presents a compliant affidavit, and § 14-3972(A) discharges a holder who does. If a holder refuses, § 14-3972(A) lets the successor compel delivery in a court proceeding. The statute does not provide damages or attorney fees. Some secondary sources say a holder is "not required" to honor the affidavit; that does not match the statute's mandatory wording. No named Arizona refusal account was found in this research, so this answer is based on the statute's text.
Can I use the affidavit if the decedent's property is also located in another state?
The $200,000 test counts all personal property in the estate "wherever located," so out-of-state personal property counts toward the limit (A.R.S. § 14-3971(B)(2)). Whether an out-of-state institution will accept an Arizona affidavit is that institution's own decision and that state's own law.

Ready to start?

$37, one time. Instant download. Money-back if your filing is rejected for a reason traceable to following the kit, or for any other reason within 7 days.

No waiting room, no retainer. The 30-day wait after death is fixed, but most of the remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk — this kit is built to help you avoid both on the first visit.

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5 short, plain-English emails over the following weeks — the eligibility math, the small estate affidavit presentation moment, why most rejections are paperwork not eligibility, and when to call an attorney instead. Then we stop. No ongoing newsletter, no sales list. Unsubscribe anytime.

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Primary sources

State sources

Every claim here cites the actual statute or an official publication — see them
  • Statute: A.R.S. §§ 14-3971(B)–(D), 14-3972 . The primary source behind every requirement, cap, and deadline described above.
  • Official form: Official Small Estate Affidavit form No single statewide form for this affidavit was found — each county court publishes its own version. The Maricopa County Superior Court's current form (PBSE11f, revised 09/2025) is used here as the reference, and Pima County uses the same packet. Always download the current version from your own county's court site: at least one county's published form (Mohave, last revised 11/2019) still prints the old $75,000 cap.
  • State self-help resource: Arizona Superior Courts