Arizona Increases Small Estate Limits in Probate Law Update: What You Need to Know About A.R.S. § 14-3971
Arizona Estate Planning
Updated June 2025 | Estate Planning & Probate
Arizona has enacted a significant change to its probate laws that will impact families settling small estates. Effective June 30, 2025, the revised A.R.S. § 14-3971 dramatically increases the value thresholds for using a Small Estate Affidavit, streamlining estate administration for many Arizona families.
What Is a Small Estate Affidavit in Arizona?
A Small Estate Affidavit is a simplified legal tool that allows heirs to collect the assets of a deceased person without going through formal probate, as long as the estate falls below certain dollar limits. This affidavit can be used to claim both personal property (like bank accounts, vehicles, or contents of a safe deposit box) and real estate, provided specific statutory requirements are met.
What’s Changing in 2025 Under A.R.S. § 14-3971?
Pursuant to House Bill 2116, signed into law in March 2025, the following changes take effect on June 30, 2025:
Asset Type Current Limit New Limit (Effective June 30, 2025)
Personal Property: $75,000 $200,000
Real Property: $100,000 $300,000
These revised limits are intended to reduce the burden of probate for small- to medium-sized estates and make it easier for heirs to transfer assets quickly and affordably.
When Does the New Law Apply?
The updated thresholds apply to affidavits filed on or after June 30, 2025—not based on the date of death. That means even if a loved one passed away earlier in the year, if you wait to file until after June 30, you may be eligible to use the new higher limits.
Is the Affidavit Form Changing?
Likely yes. While the legal requirements under A.R.S. § 14-3971 are changing, many county court forms still reference the older limits. Updated versions will likely be released by Arizona's Superior Courts to reflect the new $200,000/$300,000 thresholds. If you are preparing to file, be sure to use the latest version of the affidavit form, or consult with an estate attorney to ensure compliance.
Why This Matters
These changes can mean the difference between spending months in probate court versus wrapping up an estate in a matter of weeks but there are still some risks. For many Arizona families, these expanded limits will offer a simpler, faster, and less costly path to finalizing a loved one’s affairs. However, there may be issues using these forms with financial institutions, obtaining title guarantees, or using the judicial process to ensure fair notice amongst heirs and devisees.
Do You Qualify for the Small Estate Affidavit Process?
Eligibility still requires:
A waiting period after death (30 days for personal property; 6 months for real property)
No pending or granted formal probate proceeding
Proper notice and consent from other heirs
Valuation of the estate within the statutory limits
Need Help Navigating Arizona Probate?
At the Tyler Allen Law Firm, we guide clients through Arizona’s probate process—including small estate affidavits and full estate administration. If you're unsure whether you qualify under the new law or need help preparing a compliant affidavit, we’re here to help. We can troubleshoot affidavit rejections, assist clients with determining which process fits their needs best, or prepare documentation to submit to the court. We can also craft an estate plan that takes advantage of these new thresholds to minimize the burden on your heirs.
Contact us today to schedule a consultation or learn more about how the new probate thresholds could benefit your family.