Arizona Probate in 2025: How the New Thresholds Work

Arizona raised the small-estate affidavit limits in 2025. Here is how the new thresholds work, what counts toward the caps, and when an affidavit can replace a full probate.

What Changed in 2025

The small-estate paths that let families transfer assets without opening a full probate now reach higher amounts. The personal-property cap is $200,000. The real-property cap is $300,000. Timing rules did not change, thirty days for personal property and six months for real property. See the 2025 chapter law updating A.R.S. § 14-3971. HB 2116 (2025) – A.R.S. § 14-3971

If you are unsure whether you qualify for an affidavit or need probate, start with our plain-English overview, then come back to the numbers and examples here. See our Arizona probate guide.

Does the Threshold Use Equity or the Home’s Value?

Real property: equity test, not gross value

Use the home’s value minus liens and encumbrances. That total is your equity.

For the real-property affidavit, the law looks to the county full cash value for the home and then subtracts any mortgage or deed of trust. Use the unpaid principal balance on the relevant date. If the net number is at or under $300,000, the real-property affidavit may be available after six months. (See the 2025 update noted above.)

Example. The assessor’s full cash value shows $460,000. The mortgage principal is $190,000. Your net is $270,000. That fits the cap, so the real-property affidavit could work if the other conditions are met. For a step-by-step view of probate versus affidavits, see our probate guide.

Personal property: net value across the board

Add up personal property and subtract liens. Stay at or under $200,000.

Personal property includes bank accounts, vehicles, and non-retirement investments that did not name a beneficiary. The cap is measured as of the date of death for the thirty-day affidavit, or as of the affidavit date if a personal representative was discharged more than a year ago. The motor vehicle division must transfer a vehicle title on presentation of the personal-property affidavit and fees. See A.R.S. § 14-3971(D) (2025).

Which Affidavit Fits Your Situation?

Personal-property affidavit

Use this thirty days after death for net personal property up to $200,000.

This route is common when there is no real estate or when the home already passed by deed or beneficiary title. It works well for accounts without a pay-on-death designation and for vehicles left in the decedent’s name. For forms, timing and a simple checklist, see the personal-property section in our Arizona probate guide.

Real-property affidavit

Use this six months after death if the total net Arizona real property is at or under $300,000.

File in the county where the person lived at death, or in any county where Arizona property sits. Attach the death certificate, confirm debts are handled, and show why you are the proper successor.

Do These Thresholds Replace Probate?

No. They offer an alternative for smaller estates. Larger or complicated estates still use probate.

Arizona also has a streamlined option inside probate when the estate is very small after allowances and expenses. That path is called the summary administrative procedure. It does not use fixed dollar caps and still runs through the court. See A.R.S. § 14-3973.

If you want help comparing routes, review the “Do I need probate?” section in our Arizona probate guide, then come back to the examples below.

Common Scenarios

House with a mortgage

Use the assessor’s full cash value and subtract the unpaid loan balance to test the $300,000 cap.

If the net is over the cap, consider whether a beneficiary deed was recorded during life or whether probate is required. If the net is under the cap, the real-property affidavit can be filed after six months if other conditions are met. For background on timelines and documents, see our probate guide.

Two Arizona properties

Add the net value of all Arizona real property in the estate to test the cap.

The real-property affidavit looks at the combined net value of Arizona real estate in the estate. If two small homes together exceed the cap, the affidavit is not available for real property. You may still use the personal-property affidavit for bank accounts or vehicles if those totals fit the $200,000 cap.

Bank accounts and a car, no house

Use the personal-property affidavit after thirty days if the net total is within $200,000.

Gather account balances as of the date of death and subtract any secured loan balances tied to personal property. If a vehicle is involved, MVD will transfer title on the affidavit and fees. For a fuller walk-through, review the personal-property section in our probate guide.

Practical Tips

Get the numbers right

Work from statements, assessor records, and the mortgage principal on the relevant date.

Print the assessor’s full cash value for the year of death. Pull the mortgage principal balance for that date, not the payoff quote with fees. For accounts, keep the month-end statements closest to the date of death. Build a simple worksheet that shows value, liens, and your running total.

Watch the waiting periods

Thirty days for personal property. Six months for real property.

Families often start the personal-property affidavit first to access accounts, then handle real estate at the six-month mark if the equity fits the cap. Create a small timeline in your folder so everyone is on the same page. If creditors are a concern, talk to counsel about whether probate is the better path.

When to seek help

Use affidavits for simple, qualifying estates. Use probate when there is a dispute, unclear title, or higher values.

Affidavits simplify transfers, but they still carry responsibility. If there is a contested will, out-of-state property, or a family disagreement, a probate opens a clearer process. Our pages on Wills Explained and Trusts vs. Wills can help you understand how documents affect next steps.