In Arizona a party can collect assets in a small estate without having to open a probate through a form commonly known as a “small estate affidavit.” The purpose of Arizona’s small estate affidavit is to provide a simplified, low-cost alternative to probate for transferring a deceased person’s assets when the estate is small in value. What qualifies as a “small estate” for purposes of using the affidavit is set forth in the applicable statute.
New Thresholds are Effective September 26, 2025
The Arizona legislator recently amended the statute which governs small estate affidavits. The changes raise the thresholds at which heirs can use the simplified “small estate affidavit” process to transfer assets without a full probate. These revised limits below take effect September 26, 2025, which is 90 days after the Arizona legislative session ended on June 27, 2025.
Arizona’s new thresholds significantly expand access to the small estate affidavit process, which can expedited the collection of estate assets, accelerate the estate settlement, cut costs, and simplify the process. For many heirs, this results in a smoother and more efficient process. However, challenges may still arise—such as inconsistent acceptance of old affidavit forms or valuation disparities—so careful preparation is essential.
Which Applies to the New Thresholds – Date of Death or Date of Filing?
A common point of confusion with the revised small estate statute is the reference date for the effective limits. The new thresholds depend on the date of the affidavit filing, not the date of death. Even if the decedent passed away before September 26, 2025, heirs may still benefit from the new limits if they file after that date. Any party using the small estate affidavit will still need to review the statute to determine the valuation date for the asset under the affidavit, as it may differ from the date of the affidavit.
