What Fiduciaries and Families Need to Know (2025 Update)

Arizona has made one of the most significant probate “access” changes in years—raising the dollar thresholds that allow certain estates to be administered using Small Estate Affidavits instead of a full probate. For families and fiduciaries, these changes can mean faster transfers, fewer court filings, and lower overall costs—but only if the estate qualifies and the affidavit is completed correctly.

Below is a clear breakdown of what changed, when it became effective, and how fiduciaries can use the new rules strategically.

What Is a “Small Estate” in Arizona?

Arizona law allows heirs or successors to collect certain assets without opening a formal probate by using affidavits under A.R.S. § 14-3971. These affidavits are commonly used to transfer:

• Bank accounts
• Vehicles (through the MVD)
• Securities
• Personal property (tangible items)
• Certain real estate interests (through a court-filed affidavit of succession)

Historically, many families were pushed into probate simply because values rose with inflation and housing appreciation. The new law expands the number of estates that qualify for simplified administration. Arizona Legislative Information+1

What Changed: New Dollar Limits Under HB 2116

Arizona House Bill 2116 amended A.R.S. § 14-3971 to increase the maximum values that qualify for small estate affidavits:

✅ Personal Property Limit

• Old limit: $75,000
• New limit: $200,000

✅ Real Property Limit (Arizona property only)

• Old limit: $100,000
• New limit: $300,000

These increases are written directly into the statute as amended. Arizona Legislative Information+1

When Did the New Limits Become Effective?

Although HB 2116 was signed by the Governor on March 31, 2025, the updated thresholds generally took effect September 26, 2025 (90 days after the legislative session ended on June 27, 2025). Arizona Legislative Information+2Jaburg Wilk+2

Why this matters: If an estate was just over the old limits, it may now qualify—depending on the valuation and the timing of the affidavit filing.

Key Rules That Did Not Change

Even though the dollar limits increased, several important requirements remain the same:

1) Waiting Periods Still Apply

• Personal property affidavit: must wait 30 days after death
• Real property affidavit (succession): must wait 6 months after death

These timelines are still part of the statute. Arizona Legislative Information+1

2) Wages to a Surviving Spouse Still Have a Separate Cap

Employers may pay up to $5,000 in wages owed to the decedent to the surviving spouse via affidavit. That number was not increased by HB 2116. Arizona Legislative Information+1

3) Debts and Expenses Must Be Addressed

Affidavits generally require affirming that funeral expenses and last illness expenses are paid (and for real property affidavits, unsecured debts must also be paid). Arizona Legislative Information+1

How Arizona Determines “Value” for Small Estate Limits

This is where fiduciaries can provide major value—because how property is valued affects whether the estate qualifies.

Personal Property

The statute looks at the total value of all personal property (wherever located), minus liens and encumbrances, valued as of:

• date of death, or
• date of affidavit, depending on whether a probate was opened and closed. Arizona Legislative Information+1

Real Property

The statute uses the full cash value shown on the county assessor’s rolls for the year of death (or year of affidavit, in certain cases), minus liens and encumbrances. Arizona Legislative Information+1

Practical takeaway: A fiduciary should confirm the correct valuation source before assuming the estate qualifies—especially if the estate is near the threshold.

Why These Changes Matter for Fiduciaries

For fiduciaries (professional or family), the increased thresholds can meaningfully change your workflow:

Fewer Formal Probates

More estates can be administered using affidavits, reducing:

• legal expenses
• time to transfer assets
• required court involvement Jaburg Wilk+1

Faster Access to Liquid Funds

Personal property affidavits can help heirs gain access to accounts and vehicles without waiting for a personal representative appointment.

Better Planning Opportunities

If a person’s estate is likely to fall under these thresholds, planning strategies may shift—especially for clients who prefer minimal administration after death.

Watch-Out: Court Forms May Still Show the Old Limits

A very real issue across Arizona is that some court-affidavit packets and instructional pages may still list $75,000 and $100,000 as the limits, especially in older PDFs and self-help resources. For example, Maricopa County’s public-facing page has historically referenced the prior thresholds. Superior Court of Maricopa County+1

Tip for fiduciaries: Always rely on the current statute (A.R.S. § 14-3971) and confirm the court’s most up-to-date forms before filing. Arizona Legislative Information+1

Common Scenarios Where the New Limits Help

Here are examples of estates that may now avoid probate:

• A decedent owned a vehicle + bank accounts totaling $150,000
• A decedent owned an Arizona home with assessed value of $275,000 (net of liens)
• A trust-funded plan missed one small asset (e.g., a bank account) and can now be collected by affidavit

As fiduciaries know, “small” is often relative—especially in a market where values rose quickly over the past decade.

Final Thoughts

Arizona’s updated small estate thresholds provide meaningful relief for families and fiduciaries alike. The jump to $200,000 (personal property) and $300,000 (real property) dramatically expands who can use affidavits—potentially saving months of time and thousands in expenses.

If you’re serving as a fiduciary, the key is ensuring:

1. correct valuation
2. correct waiting periods
3. correct successor/heir documentation
4. correct affidavit form and filing method

Handled properly, these affidavits can be a powerful tool for streamlined estate settlement.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Estate administration and probate requirements vary based on individual circumstances, and fiduciaries should consult qualified legal counsel when appropriate.