Small Estate Affidavit vs. Full Probate in Arizona: Which Applies?
Small Estate Affidavit is a narrower, faster alternative to full probate in Arizona — available only when the estate meets A.R.S. §§ 14-3971(B)–(D), 14-3972's conditions (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))). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Small Estate Affidavit different from full probate
Small Estate Affidavit is a narrower, faster alternative to full probate in Arizona — available only when the estate meets A.R.S. §§ 14-3971(B)–(D), 14-3972's specific conditions (non-exempt property 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))). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $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)) cap. Even one dollar over the statutory line under A.R.S. §§ 14-3971(B)–(D), 14-3972 disqualifies small estate affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- 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.
- 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.
Why it's worth checking first: full probate is slower and typically far more expensive than small estate affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this kit covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Small Estate Affidavit in Arizona.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.