A house or land without probate in Arizona

A sworn statement filed with the superior court. The court's probate registrar issues a certified copy, which you record with the county recorder to put the real estate in the name of the people who inherit it.

Limit

Up to $300,000 (deaths on or after September 26, 2025) Counted after subtracting liens (what is owed on the property).

Date of death	Limit
On or after September 26, 2025	$300,000
On or before September 25, 2025	$100,000

All the person's Arizona real property, minus liens and encumbrances, cannot be worth more than $300,000, using the assessor's full cash value for the year of death. This limit took effect on September 26, 2025. Before that date the limit was $100,000.

What counts

All the person's real property in Arizona, valued at the full cash value on the county assessment roll for the year of death, minus liens and encumbrances (such as a mortgage). A debt secured by real property is valued at its unpaid principal balance.

Waiting period

At least six months must have passed since the death.

Who can use it

The person or people who inherit the real property as sole heirs with no will, under a valid will, or by the allowance in lieu of homestead, exempt property or family allowance. No other person may have a right to the property.

Court or where to file

Superior court in the county where the person lived. If the person did not live in Arizona, any county where they owned real property. The certified copy is then recorded with the county recorder where the property is.

Notary

Each person signs under oath before a notary or a deputy clerk.

Papers to attach

• Certified copy of the death certificate (always required)
• The original will, or a court-certified copy if it was probated elsewhere, if there is a will
• Signed documents assigning interests to you, if other heirs gave you their share
• Probate cover sheet (Maricopa County)
• Copy of the closing statement if there was a probate in another county

Steps

1. Wait until at least six months after the death.
2. Pay the funeral expenses, last-illness expenses and all unsecured debts.
3. Look up the full cash value of each Arizona property on the assessment roll for the year of death and subtract liens.
4. Fill in the affidavit with the legal description of the property and sign it under oath.
5. File it with the clerk of the superior court and pay the filing fee.
6. If the registrar finds it complete, you receive a certified copy without attachments.
7. Record the certified copy with the county recorder where the property is.

Fee

The court charges its normal filing fee, set in the court's fee schedule; ask the clerk of the superior court. The county recorder charges a recording fee.

If you can't pay

The court can waive or defer the filing fee under A.R.S. 12-301 or 12-302.

Debts and responsibility

The affidavit must state that funeral expenses, last-illness expenses and all unsecured debts have been paid. A false statement can lead to perjury penalties.

What the bank or holder must do

A buyer of the real property from, or lender to, the people named in the recorded certified copy is protected as if dealing with a distributee who received a deed of distribution.

Forms

• Small Estate Affidavit packet PBSE1 (Maricopa County), includes Affidavit for Transfer of Title to Real Property (PBSE12f) and Probate Cover Sheet (PB10f)

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

Source: Official page