Arizona Small Estate Affidavit | Form 5280

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The Arizona Small Estate Affidavit is a multi-paged legal document that provides a lawful means for the heir (“successor”) of a small estate owned by a recently deceased individual (the “decedent”) to initiate a type of estate proceeding that is substantially faster and cheaper than the standard probate process. That being said, the successor is still bound by Arizona-mandated statute 14-3971, which includes the rules regarding the filing of the affidavit.

Laws: § 14-3971

Requirements

Maximum Estate Value: Personal Property: $75,000; Real property; $100,000

Required Conditions: A Small Estate claim for personal property (to a maximum value of $75,000) may proceed, as per state law, if either of the following statements are correct:

  • A personal representative is not already appointed, or is not in the process of being appointed by application or petition, or
  • The conditions stated in § 14-3971(B)(2)(b), of which pertain to the discharge of a personal representative or the filing of a closing statement, are apparent.

Further to this, the claim may only be put forward only after thirty (30) days have elapsed since the passing of the Decedent.

A Small Estate claim for real property (to a maximum value of $100,000) may proceed, as per state law, if the following is true:

  • Six (6) months have passed since the death of the Decedent, as evidenced with a certified copy of the Decedent’s death certificate attached to the Affidavit.
  • The Affidavit is filed in a county court in the county where the Decedent was domiciled at the time of their death. If the Decedent did not live in Arizona at the time of their death, the Affidavit should instead be filed in the county where they lived. This Affidavit must:
    • Describe the real property and the interest of the Decedent in that property
    • State that the statements found in § 14-3971(E)(1) are true.
  • There are no outstanding payments due in relation to funeral expenses, expenses of last illness,  unsecured debts of the Decedent, and federal estate tax on the Decedent’s estate.
  • The Successor is entitled to the real property as per the description given in § 14-3971(E)(4).
  • There are no other individuals who have “a right to the interest of the decedent in the described property.”

Additional Considerations

In cases where there is no real property tied up in the estate, only one (1) form will need to be filed. This form is the same one that can be found above, the Arizona Small Estate Affidavit.

In cases where there is real property (of which must have a maximum value of $100,000), two (2) additional forms to the form above will need to be filed. That is:

  1. A Probate Information Cover Sheet, and
  2. An Affidavit for Transfer of Title to Real Property.