What to gather for a small estate in Arizona

Pick a procedure and check off what you already have. Download or print the list to take with you.

Papers most holders ask for
Papers for this procedure: Affidavit for Collection of Personal Property (small estate affidavit)
Other formats

Your checklist

Affidavit for Collection of Personal Property (small estate affidavit)

A sworn statement you give to a bank, company or person holding the property, so they pay or deliver it to you. It is not filed with the court.

Limit

Up to $200,000 (deaths on or after September 26, 2025) Counted after subtracting liens (what is owed on the property).

Date of deathLimit
On or after September 26, 2025
$200,000
On or before September 25, 2025
$75,000

The personal property, minus liens and encumbrances, cannot be worth more than $200,000. This limit took effect on September 26, 2025. Before that date the limit was $75,000.

What counts

The value of all the person's personal property in the estate, wherever it is, minus liens and encumbrances, on the date of death. Real estate is not part of this total.

Waiting period

At least 30 days must have passed since the death.

Who can use it

A person who claims to be the successor (the person who inherits under the will, or under state inheritance law if there is no will), or someone acting for that person. The Maricopa County court form lets an heir sign when everyone with an equal or greater right has assigned their interest to them in writing.

Court or where to file

Not filed with a court. You give it to the person or company holding the property.

Notary

The court form is signed under oath before a notary. The Maricopa County court clerk cannot notarize this form.

Papers to attach
  • Certified copy of the death certificate (many holders ask for it)
  • Copy of the will, if you inherit under a will
  • Signed documents assigning interests to you, if other heirs with an equal or greater right gave you their share
Steps
  1. Wait until at least 30 days after the death.
  2. Make sure the person's funeral expenses and last-illness expenses have been paid.
  3. List the personal property and debts owed to the person, with values, and check that the total minus liens is not over $200,000.
  4. Sign the affidavit under oath before a notary.
  5. Give the affidavit to each bank, company or person holding the property.
Fee

No court filing fee, because the affidavit is not filed with the court.

Debts and responsibility

A person who receives property by affidavit must account for it to any personal representative of the estate or to anyone with a better right to it.

What the bank or holder must do

On a proper affidavit, the holder must pay the debt or deliver the property, and a transfer agent must re-register securities. The holder is released from liability as if it dealt with a personal representative and does not have to check the truth of the affidavit. If the holder refuses, the people entitled to the property can bring a court proceeding to recover it.

Law: A.R.S. 14-3971(B)-(D), 14-3972; Laws 2025, ch. 24 (HB 2116)

Source: Official page

Death certificates in Arizona

Send a copy of your photo ID or have the request notarized, with a self-addressed stamped envelope. The state office does not accept personal checks. Some county offices also issue copies.

Where to get it
Arizona Department of Health Services, Bureau of Vital Records (some county offices also issue copies)
Official page
Official page

Car or vehicle title after a death in Arizona

By law, the Motor Vehicle Division transfers the title of a motor vehicle from the person who died to the successor when you present a small estate affidavit for personal property (after 30 days) and pay the fees. MVD is then released from liability.

Law: A.R.S. 14-3971(D), 14-3972(B), 28-2055(B)

Agency
Arizona Department of Transportation, Motor Vehicle Division (ADOT MVD)
Waiting period
30 days after the death
Fee

MVD charges its title fees.

Transfer-on-death title

At the owner's request, the title can include a transfer-on-death provision naming a beneficiary of the vehicle.

Source: Official page

Surviving spouse in Arizona

A surviving spouse can collect up to $5,000 of the person's unpaid wages from the employer with an affidavit. The spouse is entitled to a homestead allowance of $18,000, exempt property worth up to $7,000 (household furniture, cars, furnishings, appliances, personal effects), and a reasonable family allowance; these come before most claims. Arizona is a community property state.

Law: A.R.S. 14-3971(A); A.R.S. 14-2402 to 14-2404

Related pages

Free help in Arizona

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.