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.