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August 2025

New Small Estate Affidavit Limits with Arizona HB 2116 - Gottlieb Law
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What You Need to Know About Arizona’s New Small Estate Affidavit Limits Under HB 2116
What You Need to Know About Arizona’s New Small Estate Affidavit Limits Under HB 2116 1152 768 Gottlieb Law

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.


What Is a Small Estate Affidavit?

A small estate affidavit lets heirs handle the transfer of estate assets without needing to open a full probate case.  It is a faster, more affordable way to settle estates that fall below certain value limits. Under the amended Arizona Revised Statutes § 14-3971, small estate affidavit limits for personal property jump from $75,000 to $200,000 and for real property from $100,000 to $300,000.

These limits had not changed for years despite inflation and rising property values, which made many smaller estates subject to lengthy probate. HB 2116 was signed into law on March 31, 2025, to update those caps and streamline estate transfers.

Who Benefits from the New Limits?

More estates will qualify for the affidavit process, especially those of moderate value, which often include retirees and small business owners.  Estates with personal property up to $200,000 (previously capped at $75,000) and real property up to $300,000 (previously capped at $100,000) now qualify.  This includes surviving spouses, children, or other heirs entitled to inherit under a will or through intestate succession.

Key Changes Under HB 2116

The primary update is the increase in value thresholds for the small estate affidavit:

  • Personal property limits increase to $200,000

  • Real property limits increase to $300,000

These new limits apply to affidavits filed after the law becomes effective in 2025. Because effective dates can shift depending on legislative rules, you should confirm the timing with legal counsel before filing.

What You Need to Know About Filing

Arizona law requires waiting periods before filing:

  • For personal property, the affidavit cannot be filed until at least 30 days after the decedent’s death.

  • For real property, you must wait at least six months after death before filing.

If an estate contains both personal and real property, plan to file after the longer waiting period expires. This helps make sure that all legal requirements are properly fulfilled.

The affidavit should also include:

  • Your name and relationship to the decedent.

  • A statement confirming no probate application is pending or that a personal representative was discharged more than one year ago.

  • An itemized list of estate assets with fair market valuations as of the date of death (for personal property) or county tax roll (full cash value) valuations minus any liens or mortgages (for real property).

  • A statement confirming that all debts, funeral expenses, and final bills have been paid or otherwise addressed.

Accurate valuations and clear documentation are crucial. Misvaluing assets can cause affidavits to be rejected. Because financial institutions, title companies, and other payors may scrutinize affidavits more closely given the higher limits, having a lawyer review or prepare your affidavit is recommended.

Small Estate Affidavit Pre-Filing Checklist

Before submitting a small estate affidavit, gather these documents and speak with your lawyer to confirm everything and to streamline the process:

  • Certified copy of the death certificate

  • Accurate valuations of all personal and real property assets

  • Statements from creditors or evidence debts are paid

  • Affidavits or consents from all heirs who will inherit

Preparing ahead helps avoid surprises and speeds up estate settlement.

When to Consider Full Probate

While the new limits increase the scope of simplified affidavits, some estates will still require formal probate. Estates exceeding either the $200,000 personal property or $300,000 real property thresholds, estates involving complex assets such as closely held businesses or retirement accounts without named beneficiaries, or estates facing creditor disputes will generally need the full probate process. Gottlieb Law can help determine the best path for your situation.

How Gottlieb Law Can Help with Estate Planning and Probate

Our firm brings together experience in Arizona probate law and real estate matters to guide you through estate administration with confidence. Our commitment is to provide clear guidance, ensuring the process unfolds smoothly from start to finish.

Final Thoughts on Small Estate Affidavit Limits and Next Steps

HB 2116’s increase in small estate affidavit limits represents an important opportunity for many Arizona families to simplify the probate process. If you are handling an estate with less than $200,000 in personal property or $300,000 in real property, remember to wait until after the law becomes effective in 2025 before filing your affidavit. Because effective dates can shift depending on legislative rules, you should confirm the timing with legal counsel before filing.

Contact Gottlieb Law today for a review of your estate or help with preparing and filing affidavits under the new law. We offer comprehensive legal services covering real estate transactions, real estate litigation, and probate to support you at every stage.

Call our firm today at 602-899-8188 or schedule a consultation online with Gottlieb Law to review your estate planning with our experienced real estate attorneys.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Smart Home Technology and Privacy Laws - Essential Insights for Arizona Tenants and Landlords - Gottlieb Law
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Smart Home Technology and Privacy Laws: Essential Insights for Arizona Tenants and Landlords
Smart Home Technology and Privacy Laws: Essential Insights for Arizona Tenants and Landlords 1229 819 Gottlieb Law

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.


Smart home technology, including thermostats, door locks, cameras, and voice assistants like Alexa, can collect far more than just ambient data. These devices may capture behavioral habits, movement patterns, and, in some cases, snippets of private conversations — especially if audio recording features are enabled.

Because of that, Arizona landlords and tenants must tread carefully. Under Arizona’s wiretap law, A.R.S. § 13-3005, it is unlawful to intercept oral or electronic communications unless the person is a party to the communication or has obtained consent from at least one party involved. Similarly, federal law, particularly the Wiretap Act, part of the Electronic Communications Privacy Act (ECPA), prohibits the intentional interception or use of wire, oral, or electronic communications without at least one party’s consent, and imposes serious civil and criminal penalties for violations.

Tenants in Arizona have a well-established legal right to privacy in their homes. This right is supported by the Arizona Residential Landlord and Tenant Act (ARLTA) and long-standing common law protections against unreasonable intrusion. When landlords install smart devices, they walk a legal tightrope. They should ensure clear lease terms, obtain explicit tenant consent, and strictly avoid placing any surveillance or recording devices in areas where tenants have a heightened expectation of privacy — such as bedrooms and bathrooms.

Tenants can also take proactive steps. They can negotiate data-sharing limits, opt out of certain device features, and hold landlords accountable if those boundaries are crossed. And with the increasing use of AI-based tenant screening systems, there is a growing risk of data misuse and potential housing discrimination, something both landlords and tenants should be aware of.

Here are some of the key details landlords and tenants need to know about smart home technology and privacy rights in Arizona.

Introduction to Smart Home Technology in Rentals

Defining Smart Home Devices

Smart home devices in rental housing include Wi-Fi-enabled locks, smart thermostats, motion sensors, indoor cameras, lighting systems, and voice assistants like Google Home or Amazon Alexa. These tools are marketed as convenience-boosters, but in practice, they often collect a continuous stream of data about the activities inside a rental unit, sometimes with or without the tenant’s full awareness.

For landlords, smart technology offers potential benefits: lower utility bills, streamlined maintenance, and enhanced security. But for tenants, the same systems can introduce serious concerns about privacy, consent, and data control, especially when surveillance devices are installed or controlled by someone else.

Adoption Trends in Arizona

Across Arizona, smart home tech is rapidly shifting from a luxury feature to a standard expectation. Landlords increasingly install smart locks, security cameras, and thermostats during turnover renovations or as a way to attract tech-forward tenants. At the same time, many tenants are adding their own devices, including doorbell cameras, smart sensors, and connected lighting, to increase personal security and comfort.

Ownership and access issues become even more complicated when both landlord and tenant install smart tech within the same unit. These situations may require clear lease terms, documented consent, and written policies to ensure neither party oversteps legal boundaries.

Federal Privacy Framework

Electronic Communications Privacy Act (ECPA)

The Electronic Communications Privacy Act (ECPA) is a federal statute that prohibits the intentional interception, use, or disclosure of wire, oral, or electronic communications without proper legal authority or the consent of a party to the communication. This could include not only voice recordings and messages but also data transmitted through smart thermostats, security cameras, smart locks, and other connected home devices.

If a landlord installs a smart home system that captures or transmits tenant data, such as a doorbell camera with a microphone or a smart thermostat that detects presence, and accesses that data without the tenant’s informed consent, they may risk violating federal law.

In a rental context, landlords are typically not present during tenant communications, meaning they may not be able to rely on the one-party consent rule to justify surveillance.

Violations of the ECPA can result in significant penalties.  

Arizona State Privacy Protections

Consent to Recording

It is unlawful under Arizona law to intentionally intercept a conversation or electronic communication without the consent of at least one party.  In most landlord–tenant scenarios involving smart devices, the landlord is not a party to tenant conversations and is not present during recordings. That means any audio recording without tenant consent, even if incidental, may be criminally unlawful under Arizona’s wiretap statute.

Surreptitious Photography and Videotaping

Arizona law also criminalizes surreptitious recording in private areas, such as bedrooms, bathrooms, and dressing areas. Under A.R.S. § 13-3019, it is unlawful to install or use any device for visual surveillance in areas where people have a reasonable expectation of privacy, regardless of whether sound is also captured.

Arizona Residential Landlord and Tenant Act (ARLTA)

The ARLTA provides tenants with the right to privacy and quiet enjoyment of their rental unit. It also restricts how and when landlords can access the premises.

Under A.R.S. § 33-1343, a landlord may only enter a tenant’s dwelling with at least 48 hours’ written notice, and at a reasonable time, unless it’s an emergency.

Installing, inspecting, or adjusting smart home devices inside a rental unit, including thermostats, cameras, or smart locks, may qualify as an “entry” under ARLTA. Landlords cannot legally stop by to check the smart tech without following the notice and timing requirements.

Lease Drafting and Consent Mechanisms

Smart-Tech Addenda

If smart devices are installed in the rental, the lease should clearly identify each device and its function. Landlords should obtain informed, written consent for any device that collects data,  especially if it records audio, video, or occupancy information. A well-drafted addendum can help ensure clarity and reduce risk.

Data Security and Third-Party Risks

FTC and Industry Guidance

The Federal Trade Commission (FTC) encourages incorporating privacy by design in smart home systems. This means limiting data collection to what is necessary, using secure transmission and storage practices, and offering clear options for user control. While not a binding legal standard, following FTC guidance may help demonstrate reasonableness in the event of a legal dispute.

Vendor and Platform Selection

Landlords should choose reputable device vendors that offer end-to-end encryption, access logging, and clear privacy policies.

Tenant Rights and Remedies

Breach of Privacy Claims

If a landlord installs or uses smart devices without valid consent, or places them in areas where tenants have a reasonable expectation of privacy, tenants may pursue claims under Arizona law.  

Lease-Based Remedies

Violations may also support claims for breach of contract or breach of the covenant of quiet enjoyment. Tenants may bring actions to pursue their rights and enforce lease terms.  

Emerging Issues in AI and Tenant Screening

AI-driven tenant screening tools can evaluate a range of data points and these systems may inadvertently introduce unintended bias.  If a tool disproportionately impacts applicants based on protected characteristics such as race, national origin, age, or disability, landlords may face scrutiny or liability under the federal Fair Housing Act and similar state laws.

Best Practices for Landlords and Tenants

For Landlords:

  • Clearly identify each smart device in the lease, including its function
  • Obtain informed, written consent for every device that collects or records data
  • Avoid installing devices in private areas like bedrooms and bathrooms
  • Use secure platforms and restrict access to authorized individuals only
  • Train all staff and property managers on privacy risks and applicable laws

For Tenants:

  • Carefully review any smart tech provisions in the lease; negotiate when needed
  • Ask to opt out of features that track movement, audio, or video
  • Request device access logs or documentation of how data is used
  • If something feels intrusive or unclear, consider consulting a lawyer before signing

How Gottlieb Law Can Assist

Policy Drafting: We can help landlords write tech-specific lease addenda that protect tenants’ privacy in the process.

Dispute Resolution: Whether you’re a tenant dealing with unauthorized surveillance or a landlord facing privacy claims, our team is ready to help.

Litigation and Defense: Whether it’s a privacy dispute, lease violation, or other legal conflict, we manage the litigation process from start to finish.

Fair Housing: We evaluate screening tools and help draft nondiscrimination policies that stand up to legal scrutiny.

Thinking about adding smart tech to your lease—or concerned about how it’s being used? Gottlieb Law assists clients with all aspects of Arizona Landlord–Tenant Law.

Work With Gottlieb Law Today

Whether you’re outfitting a rental unit with smart locks or trying to figure out why your living room camera keeps blinking, the legal line between security and surveillance is sharper than ever. Gottlieb Law can make sure your rights are protected and can assist with a wide range of landlord tenant issues.

Call our firm today at 602-899-8188 or schedule a consultation online with Gottlieb Law and get clarity on your smart home technology in rental properties today.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Adaptive Reuse in Arizona - Legal Strategies for Converting Obsolete Commercial Buildings into Modern Spaces - Gottlieb Law
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Adaptive Reuse in Arizona: Legal Strategies for Converting Obsolete Commercial Buildings into Modern Spaces
Adaptive Reuse in Arizona: Legal Strategies for Converting Obsolete Commercial Buildings into Modern Spaces 1229 819 Gottlieb Law

Gottlieb Law, PLC provides this article for informational purposes only. Reading it does not create an attorney-client relationship, and you should not act or rely on any of the information herein without first consulting qualified legal counsel. Laws and local procedures change frequently. Always seek legal advice specific to your situation.


Arizona’s Adaptive Reuse Surge: What’s Driving It

For years, vacant warehouses, outdated office towers, and underutilized commercial corridors dotted Arizona’s urban core. Now? They’re buzzing again, but not as what they once were. Thanks to a powerful mix of state-level legal reforms and community-driven development incentives, these properties are being reimagined as housing, creative workspaces, art hubs, and more.

This shift, known as adaptive reuse, is transforming how developers, investors, and even first-time property owners approach Arizona real estate.

But this isn’t just about architecture or smart design. The real momentum comes from Arizona’s evolving legal framework, which now removes many of the zoning barriers and procedural roadblocks that once made redevelopment costly or time-consuming.

This article details and clarifies the key updates to our previous article on converting commercial buildings into residential spaces in Arizona. Let’s dive into what you need to know.

What Arizona Law Actually Says About Adaptive Reuse

Arizona clarified its stance with House Bill 2110 and the updated A.R.S. § 9‑462.10: when a project qualifies, cities must allow adaptive reuse or multifamily development without requiring rezoning, conditional use permits, or other public-hearing-based approvals.

So if you own a former storefront and want to convert it into residential lofts, and your property meets the criteria, you may be able to bypass the traditional rezoning process entirely, subject to objective standards.

Under A.R.S. § 9‑462.10, “adaptive reuse” refers to converting an existing building to multifamily use while maintaining some or all of its original structure. But importantly, the law also permits partial or full demolition, depending on the project’s needs. Redevelopment doesn’t have to preserve the entire building to qualify.

Cities with populations over 150,000, including Phoenix and Tucson, are now required to adopt objective standards to permit adaptive reuse projects by right. These standards may include:

  • Reduced parking requirements

  • Code alternatives for older structures

  • Flexibility for materials and setbacks in historic properties

Is Your Commercial Building Eligible? Here’s What to Know

Eligibility depends on several key factors:

  • Structure Type

The building must typically be an existing commercial, office, or mixed-use structure located within a qualifying municipality (population 150,000+). Industrial and institutional properties are generally excluded.

  • Parcel Size

The parcel must be at least 1 acre but no more than 20 acres in size. Projects on smaller infill lots or very large commercial sites do not qualify under this statute.

  • Condition

The building must be economically or functionally obsolete, either in a state of disrepair or with at least 50% vacancy in its leasable space.

  • Affordability Set-Aside 

The project must set aside at least 10% of total units for moderate- or low-income housing, for a minimum of 20 years. This requirement applies even if the project is not seeking tax credits or other housing subsidies.

When You Don’t Need Rezoning (And When You Still Might)

The biggest legal change was the move toward “by-right” development. Under A.R.S. § 9-462.10, qualifying adaptive reuse and multifamily projects in large cities can bypass traditional rezoning processes, as long as they meet objective criteria and aren’t located in restricted areas.

Restricted areas include:

  • Historic districts or buildings designated historic at the local, state, or national level

  • Airport influence zones

  • Military facility buffer areas

  • Tribal lands

Height and Density Rules:

The statute allows projects to build to the highest allowable height and density for multifamily or mixed-use zoning within 1 mile of the site, up to a cap of five stories. However, if the site is directly adjacent to single-family zoning, building height may be limited to two stories within 100 feet of that edge.

Setbacks and Parking:

Cities cannot impose stricter setback requirements than those in the existing zoning code. Adaptive reuse projects may retain nonconforming setbacks, and parking requirements cannot exceed those for standard multifamily residential projects, unless the project is mixed-use.

Adaptive Reuse Starts with a Plan: How to Launch Your Project the Right Way

Whether you’re converting an old department store, warehouse, or office block, successful adaptive reuse starts with strategic planning. Here are key steps to help your project launch on solid legal and financial footing:

Feasibility First

Analyze the market, the physical condition of the property, and how your project aligns with state and local incentive criteria.

Design for Reality

Hire architects and engineers who understand both code compliance and preservation standards, not just one or the other. Early coordination can save months of rework and help frame viable code alternatives when needed.

Permitting and Variances

Cities like Phoenix allow for code equivalencies and waiver requests, but navigating deadlines, documentation, and evidentiary standards can be complex. Legal counsel can help reduce risk and avoid delays.

Your Legal Partner in Arizona Adaptive Reuse and Beyond

Arizona’s legal landscape is finally catching up with how its cities want to grow and that opens the door for developers, property owners, and civic-minded entrepreneurs to breathe new life into the state’s aging building stock.

At Gottlieb Law, we advise clients on commercial projects and can assist with legal strategy, adaptive reuse projects, and development goals.  

Need help with a legal issue?  Call us at 602-899-8188 or use our Contact Us page to schedule your consultation.

Gottlieb Law, PLC provides this article for informational purposes only and nothing herein creates an attorney-client relationship. Do not act or rely on any of the information contained herein without first consulting qualified legal counsel. Laws change frequently, and every project involves unique circumstances.

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