Summary: Arizona law permits higher value assets to avoid probate using affidavits.
In 2025, the Arizona legislature amended A.R.S. 14-3971, which increases the maximum value of real estate and personal property that may be transferred using a small estate affidavit after the death of the property owner. Effective June 30, 2025, an heir or successor to real property may take ownership by filing an Affidavit for Transfer of Title of Real Property with the local probate court; provided, however, the deceased owner's net equity does not exceed $300,000 (was $100,000). Also effective June 30, 2025, an heir or successor to personal property (bank accounts, motor vehicles, non-retirement investments, etc.) may take ownership by presenting an Affidavit for Collection of All Personal Property to the relevant financial institution or government agency; provided, however, the combined value of such personal property does not exceed $200,000 (was $75,000). The effect of these changes is to reduce the specter of probate for most Arizona residents. In summary: For real property the maximum value increases from $100,000 to $300,000. For personal property the maximum value increases from $75,000 to $200,000.
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AuthorTom Bouman, Attorney Archives
April 2025
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