When can you use a small estate affidavit instead of probate in Arizona?

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In Arizona, you can use a small estate affidavit instead of probate in three situations under A.R.S. § 14-3971:

1. Wages owed to a surviving spouse. At any time after the decedent's death, an employer must pay the surviving spouse up to $5,000 in wages, salary, or other compensation on presentation of an affidavit, provided no application or petition for appointment of a personal representative is pending or granted (or the personal representative has been discharged or more than one year has elapsed since a closing statement was filed).

2. Personal property. Thirty days after the decedent's death, a successor may collect debts, tangible personal property, and instruments (including stocks) by affidavit if: (a) thirty days have elapsed since death; (b) either no personal representative has been appointed or is pending in any jurisdiction and the value of all personal property, wherever located, less liens and encumbrances, does not exceed $200,000 as of the date of death — or the personal representative has been discharged or more than one year has elapsed since a closing statement was filed, with the $200,000 value measured as of the date of the affidavit; (c) the claiming successor is entitled to the property; and (d) funeral expenses and expenses of the last illness have been paid. This affidavit also works for transferring securities through a transfer agent and motor vehicle titles through the motor vehicle division.

3. Real property. Not sooner than six months after the decedent's death, a successor may file an affidavit of succession to real property in the county where the decedent was domiciled (or where the real property is located, if the decedent was not domiciled in Arizona), stating that: (a) either no personal representative has been appointed or is pending and the value of all Arizona real property, less liens and encumbrances, does not exceed $300,000 as of the date of death — or the personal representative has been discharged or more than one year has elapsed since a closing statement was filed, with the $300,000 value measured as of the date of the affidavit; (b) six months have elapsed since death, shown by a certified death certificate attached to the affidavit; (c) funeral expenses, last illness expenses, and all unsecured debts have been paid; (d) the affiants are entitled to the property by allowance in lieu of homestead, exempt property, family allowance, intestate succession as sole heir(s), or devise under a valid will; (e) no other person has a right to the decedent's interest; and (f) no federal estate tax is due. False statements in the real property affidavit may subject the signer to penalties for perjury and subornation of perjury.

Related notes. A person who pays or transfers property in reliance on a valid affidavit is discharged and released as if dealing with a personal representative, and a recipient remains accountable to any personal representative or person with a superior right. Separately, if an estate is already in administration and its entire value, less liens and encumbrances, does not exceed the statutory allowances, exempt property, and expenses, the personal representative may use a summary administrative procedure to distribute the estate without notice to creditors.

The sources provided do not define terms such as "chose in action" or "closing statement," so their meaning is not explained here. For advice on whether your specific estate qualifies, consult a licensed Arizona attorney.