1. Introduction: Why it matters in Maricopa County

Managing a small estate in Maricopa County can often be handled without formal probate.
Arizona’s small estate affidavits offer a faster, lower‑cost path to transfer modest assets.
This guide is written for Mesa and nearby communities so you can follow the local steps with confidence.

2. What is a Small Estate Affidavit?

Arizona law allows heirs to use a simplified affidavit process to collect a decedent’s personal property when the estate meets certain value limits.
This process can replace full probate for qualifying personal property.

When real property is involved some mistakenly try to use a small estate affidavit, when an affidavit for transfer of title to real property is required.
See A.R.S. § 14‑3971.

3. Eligibility criteria

Personal property

• Total value after liens is $200,000 or less.
• 30 days have passed since the date of death.
• No personal representative has been appointed, or certain time limits have elapsed. See statute for details.

Real property

• Net assessed value is $300,000 or less (after liens and encumbrances).
• 6 months have passed since the date of death.
• File the affidavit for transfer of title to real property with the court and then record the certified affidavit with the county recorder.

Sources: A.R.S. § 14‑3971;
Maricopa County LLRC packets for
personal property and
real property.

4. How to use the affidavit for personal property

1. Download the Maricopa County LLRC packet for personal property:
   PROB_PBSE1.
2. Complete the affidavit form. Gather a certified death certificate and any will or assignment documents.
3. Notarize the affidavit as instructed in the packet.
4. Deliver the affidavit directly to the asset holder (bank, insurer, MVD for vehicles, etc.).
   You typically do not file personal property affidavits with the court.

See the packet instructions for details and any updates:
Maricopa County LLRC.

5. How to use the affidavit for transfer of title to real property

1. Download the Maricopa County LLRC packet for real property:
   PROB_PBSE2.
2. Complete the affidavit and any required coversheets or checklists listed in the packet.
3. Attach a certified death certificate and the original will if one exists.
4. File the affidavit at a Superior Court Probate Registrar location in Maricopa County. Pay the filing fee.
5. Obtain a certified copy from the court. Record the certified  affidavit for transfer of title to real property with the county recorder where the property is located.

See A.R.S. § 14‑3971 and the
LLRC real property packet and the real property checklist.

6. Maricopa County‑specific steps & locations

The Maricopa County Law Library Resource Center (LLRC) publishes current packets with forms, checklists, and directions for small estate affidavits.
Mesa residents commonly use the Southeast Court Facility: 222 E Javelina Ave, Mesa, AZ 85210.
Confirm locations, hours, and fees before you go.

LLRC resources:
Personal Property Packet |
Real Property Packet and the real property checklist.

7. Checklist: Small estate affidavit essentials

• Confirm value thresholds and waiting periods are met.
• Gather documents: certified death certificate, any will, assignments, or releases.
• Use the correct LLRC packet and forms.
• Notarize the affidavit.
• Personal property: deliver to the asset holder.
• Real property: file with the court, get a certified copy, then record it.

8. Common mistakes to avoid

• Acting before the 30‑day or 6‑month waiting period ends.
• Ignoring liens or encumbrances when calculating value.
• Overlooking an existing probate or personal representative.
• Trying to use the small estate affidavit for real property when the affidavit for transfer of title to real property is required.
• Failing to record the certified affidavit for transfer of real property .

9. When to talk to a lawyer

Speak with a probate or estate planning attorney if there are disputes among heirs, unclear title questions, complex debts, or you are unsure which forms to use.
Guidance early on can prevent delays and extra costs.

10. Not legal advice & next steps

Not legal advice. This article is for education only. It is not tailored to your facts. Laws and procedures change.

Need help in Mesa or greater Maricopa County?
Contact The Woodruff Law Firm for a quick consult on small estate affidavits or probate alternatives.

11. Key takeaways

• Small estate affidavits can avoid full probate for qualifying Arizona estates.
• Personal property cap: $200,000 and 30‑day wait.
• Real property cap: $300,000 and 6‑month wait.
• Maricopa County LLRC provides packets and checklists.
• Real property affidavits must be filed and recorded.

12. FAQ

How long must I wait after death to use a personal property affidavit?

At least 30 days from the date of death, and the total personal property value must not exceed $200,000 after liens.
See A.R.S. § 14‑3971 and the
LLRC personal property packet.

What is the limit for real property under the Affidavit for Transfer of Title to Real Property?

The net assessed value must be $300,000 or less and at least 6 months must have passed since death.
See A.R.S. § 14‑3971 and the
LLRC real property packet.

Do I file a personal property affidavit with the court?

Usually no. Personal property affidavits are delivered directly to asset holders such as a bank or other financial institution.
Check the instructions in the
LLRC packet .

Do I need to record the Affidavit for Transfer of Title to Real Property?

Yes. After the court provides a certified copy, record it with the county recorder where the property is located.
See the LLRC real property packet and the real property checklist.