Arizona probate code · checked October 2026
For money and belongings, Arizona's affidavit limit is $200,000 — applied to the estate after the assets that pass automatically are taken out. Real property has its own affidavit in Arizona (§ 14-3971): up to $300,000 of real property (valued on the county assessment rolls for the year of death, less liens), a six-month wait, filed in superior court and recorded — a different paper from the 30-day personal-property affidavit. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $200,000, judged by the law in force on the date of death.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No higher personal property cap for a spouse; separately, an employer must pay up to $5,000 in unpaid wages/compensation to the surviving spouse on a spouse affidavit under § 14-3971(A).
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $200,000 | Presented to whoever holds the property; no court case. |
| Real-property affidavit | $300,000 | County superior court affidavit forms (e.g., Maricopa Self-Service Center) |
| Small estates; summary administrative procedure (A.R.S. § 14-3973) | — | Summary administration (§ 14-3973) has no fixed dollar cap: the estate must fit within the homestead allowance, exempt property, family allowance and the costs of administration, funeral and last illness. |
Vehicles count as personal property toward the $200,000 cap; the Motor Vehicle Division must transfer vehicle title on presentation of the § 14-3971(B) affidavit (subsection D).
Personal property affidavit requires that funeral expenses and expenses of the last illness have been paid (§ 14-3971(B)(4)); the real property affidavit additionally requires all unsecured debts to have been paid.
Rules checked October 2026 · Sources: A.R.S. § 14-3971; A.R.S. § 14-3973; A.R.S. § 33-405 (beneficiary deed). This page reads the published law; it is not legal advice, and the court is the final word.