Informal Probate

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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.

Gottlieb Law - Arizona Informal Probate Attorneys
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Understanding Informal Probate in Arizona and When to Use It
Understanding Informal Probate in Arizona and When to Use It 1776 1180 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.

When someone has passed away and left behind assets, they are typically distributed according to the deceased’s last will and testament. The process of distribution is called probate, which is typically required if the deceased had more than $100,000 in real property or more than $75,000 in personal property. An executor or administrator leads the probate process and ensures the assets are apportioned according to legal instruction.

There are three types of probate in Arizona: informal, formal and supervised. Each is its own process, but informal probate is the simplest of the three because there is minimal court involvement. It is also the least costly option.

Keep reading for answers to common questions about informal probate in Arizona and when to use it. 

What Is Informal Probate? 

Informal probate in Arizona refers to the settling of an estate without court supervision. If the deceased left a valid and uncontested will, the court appoints a personal representative to take inventory of the estate and conduct appraisals, pay creditors, file a final tax return and distribute assets to the named beneficiaries per the terms of the will. 

Because there is no court proceeding, this is the least expensive and most common probate process in Arizona.

Who Can Apply for Informal Probate in Arizona?

Generally, persons who had a familial or financial relationship with the deceased can apply for informal probate in Arizona. The Arizona Revised Statutes §14-3301 details who is eligible and can apply for informal probate:

  •  The surviving spouse of the decedent
  • An adult child, parent or sibling of the decedent
  • An heir of the decedent
  • The department of veterans’ services, if the decedent was a veteran
  • Any creditor, if 45 days have passed since the death of the decedent
  • The personal representative of the estate as nominated by the court
  • The public fiduciary, if no other person is qualified and willing to serve as personal representative 

What Does the Informal Probate Application Entail?

The informal probate application is simple to file for those who qualify, but there are several required forms that can be confusing and time consuming. It is wise to consult with an experienced attorney when navigating an informal probate to ensure all relevant parties understand the process. 

The application for personal representative details who is vying to be the estate’s personal representative: the name, address and priority for appointment. The decedent’s last will must be included in the application and the applicant must attest that it is valid and not subject to any revoking instruments to the best of their knowledge. Once the application is completed, the applicant must file with the Superior Court. The Maricopa County Superior Court handles proceedings in Phoenix and the surrounding area.

What Happens After a Personal Representative Is Appointed?

Once appointed, the personal representative has a number of responsibilities to complete within 90 days. 

According to Arizona Probate Code, all potential beneficiaries and heirs of the estate must be given proper notice of the informal probate. After receiving notice, devisees have four months to file a challenge to the will. Any challenge will trigger a formal probate court proceeding. If any heirs or beneficiaries did not receive notice of informal probate, they can challenge the informal probate within a year of the proceeding or two years of the decedent’s death, whichever is greater.  This aspect of informal probate makes it essential to handle the notification requirements properly with certified mail that can be documented.

As mentioned previously, the personal representative is also responsible for taking inventory and appraising the assets or hiring an appraiser to estimate the property’s value. The representative and, if employed, appraiser(s) must detail the property and indicate whether it was held as a separate or community property. This process includes finding any liens or encumbrances on the property, if applicable.

Once there is an established inventory of the assets, the personal representative can file the inventory with the court and send copies to interested parties or mail copies to all parties named in the will. Only when this process is complete can the personal representative distribute the assets and close the estate.

What if There Is No Will?

If someone has died without a will or with an invalid will, the estate is said to be intestate. An administrator is typically appointed to oversee the probate proceeding and act as an executor to distribute the decedent’s assets. The assets are then distributed according to Arizona state law. The administrator is responsible for receiving any legal claims against the estate and settling the decedent’s debts with creditors. He or she is also tasked with locating the legal heirs of the decedent and administering the property among them with the help of the probate court. 

Find an Experienced Arizona Informal Probate Attorney

Dealing with any issues related to a family member’s passing can be difficult.  Some people opt for informal probate because they believe it will be quick and inexpensive, but that is not always the case if it’s not handled properly and beneficiaries challenge the proceedings down the road.  It is important to hire experienced attorneys to handle the key details of the process correctly and effectively to make sure that the difficult process is handled fairly and does not drag on longer than required.

If you are experiencing issues related to estate probate, especially those with real estate holdings, the experienced attorneys at Gottlieb Law can represent your interests throughout the entire process. Contact us today at 602-899-8188 to schedule an initial consultation or contact us 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.

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