To find where to file, use this Court Locator. If seeking real property, submit the completed, signed, notarized form to a probate court in the county where the decedent lived. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred. If seeking personal property, it is not necessary to file the small estate affidavit with the court.

Step 4 – Fill Out Form, then File or Collect If the decedent died intestate, or without a will, then the assets should be distributed according to the state laws on intestate succession. If the decedent had a will, the assets are distributed according to the will. Step 3 – Determine DistributionĪ small estate affidavit allows you to speed up the process of delivering things that are owed to people. For assistance determining the value of real property, check with the assessor’s office in the county where the property is located, or the state Department of Revenue. It’s helpful to have a list of all property that will be transferred in one place, one that includes both its assessed value and whether it is subject to any liens or debts. At least six (6) months must pass before the transfer of real property. § 14-3971 (Collection of Personal Property by Affidavit)Īt least thirty (30) days must pass before the transfer of personal property. Signing – The form should be notarized.For both types of property, liens and encumbrances may be deducted when summing the total. § 14-3971(B)(2)), while the total value of all real property may be no more than $100,000 ( A.R.S. The collected personal property in the estate may be worth no more than $75,000 ( A.R.S. Maximum Amount ($) – As with the time that must pass after the decedent’s death, the maximum amount eligible for a small estate affidavit also varies with the type of property involved.For real property, which includes land, and permanent structures or fixtures built on that land, at least six (6) months must have passed since the death of the decedent. For personal property, that is, anything but land or real estate (real property), at least thirty (30) days must have passed since the death of the decedent ( A.R.S. Days After Death – In Arizona, unlike some other states, the period of time that must pass before filing depends on the type of asset sought.

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