The general rule is that if a person dies and after death assets remain titled in the name of the decedent a probate is necessary to change the title on the assets from the decedent to the heir(s).  A probate is a court proceeding in which a person or entity is named as the personal representative (aka executor in states other than Arizona) and given the legal power to transfer title of the assets from the decedent to the heir(s).

We do simple uncontested Arizona probates for $2,500 – $3,000, but other attorney charge a lot more.  If the value of the decedent’s personal property is less than $75,000 or the decedent’s real property located in Arizona is less than $100,000 Arizona probate law provides for a small estate exemption from probate.  By preparing and signing an Affidavit that complies with Arizona’s small estate probate law exemption the heir(s) can avoid probate by using the Affidavit to transfer title to personal property and Arizona real property to the heir(s).

Rules for Using a Small Estate Exemption from Probate Affidavit

  • The value of all of the personal property (cash, furniture, equipment, art work, collections, bank accounts, stocks, bonds, investment accounts, cars and money owed to the deceased Arizona resident) in the estate of the person who died (the “decedent”), wherever that property is located, minus the total of all liens and encumbrances on the assets, is less than $75,000 and the decedent died more than 30 days before the Affidavit is used.
  •  The assessed value of all Arizona real property in the decedent’s estate minus the total of all liens and encumbrances as of the date of the decedent’s death is less than $100,000, and the decedent died more than 6 months before the Affidavit is used.
  • One or more of the following apply: (1) you are the surviving spouse, and you will use the Affidavit to Collect Personal Property to collect wages payable to the decedent up to $5,000, (2) you are entitled to the property, and (3) you have the legal right to use the Affidavit because:

a.  You are named in the decedent’s Will as the person entitled to the property and you can prove it.

b.  The decedent did not have a Will, but you are related to the decedent as one of the following: (i) surviving spouse, (ii) a child of the decedent and there is no surviving spouse or there is a surviving spouse who is not your parent and the decedent had separate or community property, (iii) a parent of the decedent who did not have a surviving spouse or any surviving children, (iv) a sibling of the decedent who did not have any surviving parents, surviving spouse or surviving children.

  • If anybody else has an equal or greater right to the property, all of these other people have all assigned their entire interests in the estate to you and you attach to the Affidavit the documents signed by all of these people by which they disclaim any interest in the deceased’s property.

Warning:  If the decedent has more than one heir we recommend the heirs hire us to prepare the Affidavit because multiple heirs complicates the procedure.  We may need to prepare: (i) one or more disclaimers for the other heirs to sign (these documents are attached to the Affidavit), or (ii)  an agreement to be signed by all heirs that authorizes one heir to use the Affidavit to collect the property and then distribute it as provided in the agreement signed by all of the heirs.  If you are one of multiple heirs and need our help or have questions call Arizona probate attorney Richard C. Keyt at 480-664-7472 or send him an email at [email protected].

Hire Us to Prepare Your Small Estate Exemption Affidavit

To hire Arizona probate attorney Richard C. Keyt to prepare an Affidavit to avoid probate you must complete our online Questionnaire and pay our fee.

1.  Complete our short online Questionnaire:

2.  Pay for your Affidavit with a major credit card in our secure online store: