Since 1954 Arizona has had an alternative to a probate for estates where the value of assets is small. The law recognized that a probate is excessively burdensome in cases where the assets to be transferred upon death are few and of low value. For these, Arizona provides that such assets can be transferred to beneficiaries or heirs by an affidavit.

Arizona’s statute is ARS 14-3971. It has been updated from time to time to keep up with inflation. Most recently our legislature changed the limits again. These changes became effective on September 26, 2025. For personal property the limit was raised from $75,000.00 to $200,000.00. For real property the limit was increased from $100,000.00 to $300,000.00 of assessed net value.

Families are now allowed to transfer meaningful amounts of property without a probate. A home is often what triggers the need for a probate. Many homes will fall within the limit of $300,000.00 of assessed net value and probates will be needed less.

Avoiding the cost and delay of a probate is an advantage most of the time. But it may not be an advantage if you plan to sell real property. Our experience has been that some title companies will not insure title when title was transferred by an affidavit. A probate can be required.

When planning to sell, consult with your title insurance company before you decide what procedure to use—a probate or an affidavit. Under some circumstances, the probate may be quicker. You must wait six months from the date of death to use a small estate affidavit for the transfer of real property.

If you have questions about estate planning or probate, you may schedule a complimentary conference with one of our experienced lawyers by filling out the form below or contacting any of our staff at 602-277-4441.