Arizona Small Estate Affidavit Form

Arizona Laws and Requirements

The Arizona rules for a small estate affidavit sit in Ariz. Rev. Stat. § 14-3971. The statute has two tracks. Personal property has a limit of $200,000, and real property has a limit of $300,000. Both are counted less liens and encumbrances, as of the date of death.^[1]

For personal property, the procedure has a waiting period of at least thirty days after the death. After thirty days, anyone who owes money to the decedent must pay it to the person claiming to be the successor. The same goes for anyone holding the decedent's tangible personal property. The successor presents an affidavit.^[1]

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.

For real property, a person claiming as successor may file the affidavit in the court of the county where the decedent lived at the time of death. The filing can happen no sooner than six months after the death.^[1]

The affidavit must describe the real property and the decedent's interest in it. A certified copy of the decedent's death certificate must be attached to show that six months have passed.^[1]

The statute asks the affidavit to state several things:

• For personal property, that the funeral expenses and the expenses of the last illness of the decedent have been paid.
• For real property, that funeral expenses, expenses of the last illness and all unsecured debts of the decedent have been paid.
• That no federal estate tax is due on the decedent's estate.
• An acknowledgment that any false statement in the affidavit may subject the person to penalties relating to perjury and subornation of perjury.^[1]

A separate rule covers unpaid pay. An employer that owes the decedent wages, salary or other pay for personal services must pay the surviving spouse the amount owed, up to $5,000. The spouse presents an affidavit stating that the affiant (the person signing) is the surviving spouse of the decedent.^[1]

The normal court filing fee is charged for filing the affidavit, unless the court waives it under section 12-301 or 12-302.^[1] Ask the court clerk for the current amount before you file.

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]

The personal property affidavit goes straight to whoever owes the money or holds the property, with no court filing. 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]

Arizona Small Estate Affidavit Laws Details

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Filling Out the Arizona Small Estate Affidavit Form

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. Fill in the downloaded PDF with our online PDF editor, or print it and write the answers by hand.

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. You present it to the person or company that owes the money or holds the property.^[1] 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.

1. Item 1, information about the deceased (page 1). Write the name of the person who died, the date of death and the place of death as city, county and state. Use the second line if the place does not fit on the first.

   

2. Items 2 and 3, 30-day requirement and relationship (page 1). Item 2 is a printed statement that more than thirty (30) days have gone by since the person died, so wait until then to sign. In item 3, explain your relationship to the person who died, for example daughter or spouse.

   

3. Items 4 to 6, printed statements (page 1). These items have no blanks, but you swear to them when you sign. Item 4 says the value of all the personal property in the estate, wherever located, minus liens and encumbrances, is not greater than $200,000.00. Item 5 says that, to the best of your knowledge, no one has filed or been granted an application or petition to appoint a personal representative in any state. If one was granted, it says the personal representative has been discharged or more than one year has passed since a closing statement was filed. Item 6 says the funeral expenses and the expenses of the last illness have been paid. Read all three and sign only if each one is true.

   

4. Item 7, entitlement (page 1). Check every box that applies. Check the first box if you are named in the will, and attach a copy of the will. If there was no will, check the second box and then ONE relationship box under it. On page 1 these are the spouse, and a child when there is no surviving spouse, or when the surviving spouse is not your parent and the deceased had separate or community property.

   

5. Item 7, continued (page 2). The relationship list goes on with a parent when there is no surviving spouse or child, a brother or sister when there is no surviving spouse, child or parent, and the sole heir when there was no will. The last two boxes are for when everyone with an equal or greater right to the property has assigned their entire interest in the estate to you, one for no will and one for a valid will. If you check either of them, attach a copy of the documents they signed.

   

6. Item 8, description of property (page 2). List all the personal property the person who died owned, with a description, the value, and the location or who has the property now. The form has 11 rows. Attach extra pages if you need more, then enter the TOTAL VALUE.

   

7. Item 9, money owed to the estate (page 3). List the debts the person who died was entitled to collect from persons located in Arizona, with a description, the amount owed and the name of who owes the debt. The form has four rows and says to attach extra pages if necessary. Then enter the TOTAL AMOUNT OWED.

   

8. Items 10 and 11, total and statute (page 3). In item 10, add the Total Value from item 8 and the Total Amount Owed from item 9, and write the sum. Item 10 prints "must be less than $200,000". The statute's limit is $200,000 or less, the same as item 4's "not greater than $200,000.00".^[1] Item 11 is a printed statement that you make the affidavit under Ariz. Rev. Stat. § 14-3971(B) to claim the personal property of the person who died.

   

9. Oath and notary (page 3). In the UNDER OATH OR BY AFFIRMATION block, you swear or affirm under penalty of perjury that the contents are true and correct to the best of your knowledge and belief. Sign and date in front of the notarial officer. The officer fills in the state, the county, the date and your printed name, then signs and adds a stamp or seal. These lines have no fillable boxes, so complete them by hand.

   

Frequently Asked Questions

These answers cover the Arizona limits for a small estate and the statute that sets them. Each one rests on Ariz. Rev. Stat. § 14-3971, so the figures match the table in the laws section.^[1]

• Personal property: up to $200,000, with a thirty day wait.
• Real property: up to $300,000, with a six month wait and a certified death certificate attached.
• Both values are counted less liens and encumbrances, as of the date of death.

What is the amount for a small estate affidavit?

In Arizona, the small estate procedure has two limits. Personal property can be worth up to $200,000, and real property can be worth up to $300,000. Each value is counted less liens and encumbrances, as of the date of death.^[1]

How much does an estate have to be worth to go to probate in AZ?

The statute that sets the small estate limits is Ariz. Rev. Stat. § 14-3971. It states $200,000 for all personal property in the decedent's estate and $300,000 for all real property in Arizona. Both figures are valued at the date of death, less liens and encumbrances.^[1]

Do I need probate if the estate is small?

Arizona has a small estate procedure in Ariz. Rev. Stat. § 14-3971. If all personal property in the estate is worth $200,000 or less, a person claiming to be the successor can collect it by presenting an affidavit once thirty days have passed.^[1]

General information, not legal or tax advice.

Sources

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.

1. Ariz. Rev. Stat. § 14-3971.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.