Arizona quietly made probate avoidable for a lot more families. Since last year's change to the small estate law, an estate with up to $200,000 in personal property, counted after liens, can pass by affidavit instead of a probate case. Real property qualifies up to $300,000 in equity, meaning value minus the mortgage.
The mechanics are simple. For bank accounts, vehicles, and wages, the heirs wait 30 days after the death, sign the affidavit, and present it with a certified death certificate directly to whoever holds the asset. No court filing. For a house, the wait is six months, and the affidavit records with the county recorder.
Two warnings from real cases. Many county forms and online articles still quote the old limits of $75,000 and $100,000, which turns eligible families away for no reason. And the limits measure the whole estate, not each asset, so a forgotten account can push you over.
Whether the heirs and the numbers qualify is a question for an attorney. Preparing the affidavit accurately is mine.
SJ
Nothing here is legal advice. It is general information about how the process works, from an Arizona Certified Legal Document Preparer.