-
Arizona Affidavit of Heirship Form
Streamlining Asset Transfers in Arizona Without Probate
Arizona provides a clear legal path for heirs to claim both personal and real property from a decedent’s estate without the burden of formal probate. This is especially helpful when the estate is modest in value and uncontested. By the combination of small estate affidavits and Arizona Affidavit of Heirship Form of succession to real property, an heir can take ownership of assets quickly, so long as some legal requirements are satisfied. Arizona Revised Statutes 14-3971 regulates these options and has different provisions regarding the transfer of personal property and real estate.
Claiming Personal Property in Arizona: Affidavit After 30 Days
Arizona heirs may claim personal property by affidavit of inheritance AZ when the overall value of the estate (not including liens and debts) does not exceed 75,000, or 200,000 in amended statutes.
This process applies to assets like
Bank accounts
Stocks and bonds
Retirement accounts
Vehicles
Insurance proceeds
Key Requirements (per ARS § 14-3971(B)):
At least 30 days must pass after the death.
No personal representative has been appointed by the court.
All funeral and final medical expenses must be paid.
The affidavit must identify the rightful successor(s)—whether under a will or Arizona’s intestate succession laws.
A certified death certificate must be attached.
The completed affidavit of death and heirship is presented directly to the institution holding the property—such as a bank, financial firm, or title office. No court filing is necessary for personal property.
Real Estate Transfers: Affidavit of Succession After 6 Months
For real property, Arizona allows the use of an Affidavit for Succession to Real Property, outlined in ARS § 14-3971(E). Heirs can perform this procedure on real estate worth $100,000 or less (or up to $300,000 under recently updated laws).
Conditions for Use:
The decedent must have passed away at least six months ago.
The estate must not be subject to any federal estate tax.
The real estate's value must fall below the statutory threshold.
No formal probate case is open, or any previously opened case has been closed for at least a year.
All debts must be settled, including funeral and medical expenses.
The affidavit must include:
The legal description of the real estate
Names and relationships of the heirs
Statement of entitlement under a will or by intestate law
A certified copy of the death certificate
A copy of the last will, if one exists
An affirmation that no federal estate taxes are due
After this is signed off, a certified copy is printed by the court registrar, which should be filed with the county recorder where the property is situated. This later recording enables the legal transfer to the legal heirs without a probate judgement. This updated recording allows legal title to pass to the rightful heirs without a formal probate judgement.
Benefits of Using Arizona’s Affidavit Process
Arizona's affidavit-based transfers offer several advantages for families managing a simple estate:
Avoids court hearings and probate expenses
It fits well in small properties where there is no conflict involved
Amps up the sale of inherited property or refinance of inherited property
Gives families the power to move fast and not rely on anyone or the government.
But these affidavits fail to solve challenging estate problems such as disputed entitlement, debts, and business assets. When exceeding the dollar limit or containing disputes, the whole estate will typically require probate.
Common Scenarios Where These Affidavits Help
A Pima County resident died leaving a vehicle and a checking account, as well as household goods worth less than 75,000. The small estate affidavit is used with 30 days.
A property in Scottsdale costs 95,000, and this homeowner was intestate. The ownership is asserted after six months when the children submit the Affidavit of Succession to Real Property.
The decedent owned land worth 80000 in Maricopa County. The one who fulfils the conditions makes an affidavit and is the legal owner of the land.
Download a Free Arizona Heirship Affidavit Form
To ensure your document meets Arizona’s legal standards, you can download the free Arizona Affidavit of Heirship Form here. These templates are tailored to include:
Statutory value limits
Required witness or notary sections
Proper real estate descriptions
Checklist of supporting documents
Using a trusted legal document source ensures that your affidavit complies with Arizona law and is ready for recording or submission to banks and agencies.
FAQs – Arizona Heirship Transfer Process
Q1. How long must I wait before using the affidavit for personal property?
At least 30 days must pass from the date of death before using the affidavit.
Q2. Where can I get a free blank Affidavit of Heirship Form in Arizona?
You can download one for free at forms.legal, designed to comply with Arizona’s current laws.
Q3. Can I use the real property affidavit if the estate has debts?
Only if all debts, including funeral and medical expenses, are paid in affidavit of death and heirship. Unsettled debts disqualify the affidavit’s use.
Q4. Is court approval needed for these affidavits?
Personal property affidavits are processed through non-court methods. In the case of real estate, the affidavit is submitted to the court, and the registrar provides a certified copy.
Q5. Can multiple heirs sign one affidavit together?
Yes, and every heir-at-law should have the right to sign the affidavit together with the signatures and evidence of his/her claim.