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Arizona's small estate affidavit is a sworn claim to a decedent's property. Ariz. Rev. Stat. § 14-3971 caps personal property at $200,000 and Arizona real property at $300,000, less liens and encumbrances.[1] This page explains both affidavits and walks through the Maricopa County court's form.
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An Arizona small estate affidavit covers personal property worth up to $200,000 and Arizona real property worth up to $300,000, each less liens and encumbrances and valued at the date of death (Ariz. Rev. Stat. § 14-3971).[1]
Each limit belongs to its own affidavit: one for personal property and one for real property (Ariz. Rev. Stat. § 14-3971). The personal property limit counts all personal property in the decedent's estate, wherever located (Ariz. Rev. Stat. § 14-3971). The real property limit counts only the real property located in Arizona (Ariz. Rev. Stat. § 14-3971).
Personal property means things other than land and buildings: bank balances, vehicles, stock, money owed to the decedent and belongings. Real property means land and the buildings on it. Liens and encumbrances are debts and claims secured against the property, such as a mortgage, and they come off the value before the limit is applied (Ariz. Rev. Stat. § 14-3971).
The value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000 as valued as of the date of death.
| Item | Arizona rule | Source |
|---|---|---|
| Max. Estate | $200,000 for personal property and $300,000 for real property, each less liens and encumbrances | Ariz. Rev. Stat. § 14-3971[1] |
| Min. Time to Wait After Death | Thirty days for personal property and six months for real property | Ariz. Rev. Stat. § 14-3971[1] |
| Where It Goes | Personal property: to whoever owes the debt or holds the property. Real property: the court in the county where the decedent was domiciled at death | Ariz. Rev. Stat. § 14-3971[1] |
| Filing Fee | The normal court filing fee for the real property affidavit, unless the court waives it under section 12-301 or 12-302 | Ariz. Rev. Stat. § 14-3971[1] |
| Surviving Spouse Wages | Up to $5,000 owed by the decedent's employer, on the spouse's affidavit | Ariz. Rev. Stat. § 14-3971[1] |
The Arizona small estate affidavit for personal property is not filed with any county court, so one affidavit serves in Pima County, Maricopa County and every other Arizona county (Ariz. Rev. Stat. § 14-3971).[1]
Ariz. Rev. Stat. § 14-3971 lists what the affidavit must state, and this form is the Maricopa County court's version of it. Courts in other Arizona counties may publish their own version. Any version that makes the statements the statute lists can be used, because you do not file this affidavit with a court.
The real property affidavit is filed in the court in the county where the decedent was domiciled at the time of death (Ariz. Rev. Stat. § 14-3971).[1] Domicile means the place a person lived as a permanent home.
A decedent whose home was in Pima County at death has the affidavit filed in the court in Pima County, under Ariz. Rev. Stat. § 14-3971. If the decedent was not domiciled in Arizona, the affidavit may be filed in any county where the decedent's real property is located (Ariz. Rev. Stat. § 14-3971).
The personal property affidavit collects money and belongings once thirty days have passed since the death: anyone who owes the decedent a debt or holds the decedent's property must then pay or deliver it to the person claiming to be the successor (Ariz. Rev. Stat. § 14-3971).[1]
The duty covers tangible personal property and any instrument for a debt, obligation, stock or chose in action belonging to the decedent (Ariz. Rev. Stat. § 14-3971). A chose in action is a right to collect money or property by a claim against someone. A bank holding the decedent's account balance is one example of a holder.
The personal property affidavit goes straight to whoever owes the money or holds the property, with no court filing. The successor is the person who takes the property under the will or, without one, as an heir.
The personal property affidavit states that the value of all personal property in the estate, less liens and encumbrances, does not exceed $200,000 as valued as of the date of death (Ariz. Rev. Stat. § 14-3971). The affidavit also states that the funeral expenses and the expenses of the last illness of the decedent have been paid (Ariz. Rev. Stat. § 14-3971).[1]
The real property affidavit claims the decedent's interest in Arizona real property, including a debt secured by a lien on real property, and it may be filed in court no sooner than six months after the death (Ariz. Rev. Stat. § 14-3971).[1]
The real property affidavit describes the real property and the decedent's interest in that property (Ariz. Rev. Stat. § 14-3971). One affidavit may carry several successors, since the statute speaks of a person or persons claiming as successors (Ariz. Rev. Stat. § 14-3971).
Ariz. Rev. Stat. § 14-3971(E) lists six statements, each sworn as true and material:[1]
The real property affidavit also acknowledges that any false statement in it may subject the signers to penalties relating to perjury and subornation of perjury (Ariz. Rev. Stat. § 14-3971). Perjury is lying under oath; subornation of perjury is getting someone else to lie under oath.
Order a certified copy of the death certificate before you start, because the real property affidavit needs one attached.[1]
The real property affidavit carries the normal filing fee, unless the court waives it as provided by section 12-301 or 12-302 (Ariz. Rev. Stat. § 14-3971).[1] Ask the court clerk for the current amount before you file.
Only the real property affidavit is filed in court, where the registrar issues a certified copy that is then recorded with the county recorder where the real property is located (Ariz. Rev. Stat. § 14-3971(F)).[1]
The surviving spouse affidavit collects up to $5,000 in wages, salary or other pay for personal services that an employer owed the decedent (Ariz. Rev. Stat. § 14-3971).[1]
The spouse's affidavit is made by or on behalf of the spouse and states that the affiant, the person signing, is the surviving spouse of the decedent (Ariz. Rev. Stat. § 14-3971). On that affidavit, the employer must pay the surviving spouse the amount owing, not in excess of $5,000 (Ariz. Rev. Stat. § 14-3971).
The PDF on this page is the Affidavit for Collection of All Personal Property, form PBSE11f, issued by the Superior Court of Arizona in Maricopa County. Its footer carries the edition PBSE11f 092625. It runs three pages, and the 9 steps below follow its numbered items in order. Print the PDF and write the answers by hand, or type them in on screen.
The form covers personal property only. Real property uses the separate affidavit filed in court that the laws section above describes.
The screenshots under each step show form PBSE11f, the Maricopa County court's personal property affidavit, filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
An Arizona small estate affidavit requires a waiting period and a value limit: thirty days and $200,000 for personal property, six months and $300,000 for real property, each value less liens and encumbrances (Ariz. Rev. Stat. § 14-3971).[1] The real property affidavit adds a certified copy of the death certificate and the statement that no federal estate tax is due on the decedent's estate (Ariz. Rev. Stat. § 14-3971(E)).
Filing the real property affidavit costs the normal filing fee, unless the court waives it as provided by section 12-301 or 12-302 (Ariz. Rev. Stat. § 14-3971).[1] The personal property affidavit goes straight to whoever owes the money or holds the property, with no court filing.
The real property affidavit is filed in the court in the county where the decedent was domiciled at death, or, for a decedent not domiciled in Arizona, in any county where the real property is located (Ariz. Rev. Stat. § 14-3971).[1] The personal property affidavit is handed to the holder of the property, as the county section above explains.
Arizona has a small estate procedure in Ariz. Rev. Stat. § 14-3971. If the value of all personal property in the estate, wherever located, less liens and encumbrances, does not exceed $200,000 as valued as of the date of death, a person claiming to be the successor can collect it by affidavit thirty days after the death (Ariz. Rev. Stat. § 14-3971).[1] Arizona real property worth up to $300,000, less liens and encumbrances, passes by the separate real property affidavit after six months (Ariz. Rev. Stat. § 14-3971).
You can use the affidavit whether or not the decedent left a will. The real property affidavit covers people who inherit by intestate succession, the rules that apply when there is no will, and people who take the property under a valid last will (Ariz. Rev. Stat. § 14-3971(E)(4)).[1]
General information, not legal or tax advice.
The Arizona figures, waiting periods and affidavit requirements on this page come from the statute listed below. Check the current text on the Arizona Legislature website before you file, because the law can change.
