# Arizona Small Estate Affidavit (2026): $200,000 Personal, $300,000 Real Property

- Link: https://clearlegaltips.com/arizona-small-estate-affidavit/
- Published: 2026-10-22T08:14:05-04:00
- Author: ClearLegalTips

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## Download This Resource

Get the Arizona estate worksheet and a checklist for both small estate affidavits:

[Estate Worksheet$200k personal, $300k real](https://clearlegaltips.com/wp-content/uploads/2026/10/az-small-estate-worksheet.pdf)
[Action ChecklistBoth affidavits](https://clearlegaltips.com/wp-content/uploads/2026/10/az-small-estate-checklist.pdf)

**The short version (2026):** Arizona has two small estate affidavits, and both 
live in **A.R.S. 14-3971**. For personal property, wait **30 days** after the death.
Then a person who owes the decedent money or holds the decedent’s property must 
pay or deliver it to a successor who presents an affidavit. The affidavit says all
personal property in the estate, less liens and encumbrances, does not exceed **
$200,000**. Real property is slower. A successor can file an affidavit in the superior
court **six months** or more after the death. The real property, less liens, can’t
exceed **$300,000**, and it is valued by its full cash value on the assessment rolls.
Before HB 2116 the figures were $75,000 and $100,000. The 2025 session’s general
effective date was **September 26, 2025**.

Think of the Arizona small estate affidavit as two tools. One covers personal property
up to $200,000. The other covers real property up to $300,000. Both count value 
after liens and encumbrances. The first goes to whoever holds the asset. The second
is filed in the superior court, and a certified copy gets recorded.

Below, we go through A.R.S. 14-3971 and 14-3972 one subsection at a time. You’ll
see how Arizona values a house, which assets stay outside the estate, and where 
each affidavit goes. This is general information, not legal advice.

## The Arizona limits after HB 2116

![Arizona small estate limits after HB 2116: $200,000 for personal property after
30 days and $300,000 for real property after six months, up from $75,000 and $100,000](
https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/arizona-small-estate-
affidavit-01-limits.jpg?w=1290&ssl=1)

  |  Affidavit |  Figure before HB 2116 |  Figure in the amended statute |  Wait |  Where it goes |  
   |  Personal property (§14-3971(B)) |  $75,000 |  $200,000 |  30 days |  Presented to each holder; subsection B names no court filing |  
 |  Real property (§14-3971(E)) |  $100,000 |  $300,000 |  Not sooner than six months |  Filed in the court, then a certified copy is recorded |

HB 2116 is 2025 Session Law chapter 24. It changed one statute, A.R.S. 14-3971. 
The governor approved it March 31, 2025. The bill has one section and no separate
transition clause. The Legislature’s General Effective Dates page lists September
26, 2025 for the 2025 first regular session. The 2026 session’s general effective
date was September 12, 2026. We scanned that session’s chapters and found none that
amend 14-3971 or 14-3972.

Both limits count value less liens and encumbrances. For the personal property affidavit,
you value the property as of the date of death. There is one alternative. If a personal
representative was appointed and has been discharged, or more than a year has passed
since a closing statement was filed, the personal property is valued as of the date
of the affidavit instead. The real property affidavit has the same two options.

One more rule sits outside both limits. An employer owing the decedent wages, salary
or other pay must pay the surviving spouse up to $5,000 (§14-3971(A)). The spouse
presents an affidavit, and the statute allows it at any time after the death. The
affidavit states that the affiant is the surviving spouse, or is authorized to act
for the spouse. It also states that no application or petition for a personal representative
is pending or has been granted in this state. If one was granted, the personal representative
has been discharged, or more than a year has passed since a closing statement was
filed.

## Who can use the affidavits

![Who can use the Arizona small estate affidavits: a successor for personal property,
the signers entitled by allowance, sole heir or devise for real property, and a 
surviving spouse for wages](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/10/arizona-small-estate-affidavit-02-who-can-use.jpg?w=1290&ssl=1)

Start with personal property. Subsection B speaks of “a person claiming to be the
successor of the decedent.” Who counts? A.R.S. 14-1201 defines successors: persons,
other than creditors, who are entitled to property of a decedent under a will or
under the title. It defines heirs too: the persons, including the surviving spouse
and the state, entitled to the decedent’s property under the statutes of intestate
succession. In the affidavit, the claiming successor states being entitled to payment
or delivery of the property. Subsection B doesn’t mention a will.

Real property is stricter. The signers have to be entitled to it in one of three
ways (§14-3971(E)(4)):

 * by reason of the allowance in lieu of homestead, exempt property or family allowance;
 * by intestate succession as the sole heir or heirs; or
 * by devise under a valid last will of the decedent, the original of which is attached
   to the affidavit or has been probated.

Allowances are separate statutes. A surviving spouse’s homestead allowance is $18,000
under A.R.S. 14-2402. That statute makes it exempt from claims against the estate
and gives it priority over them, except expenses of administration. The affidavit
statute does not state those amounts.

## Personal property: up to $200,000 after 30 days

![What the Arizona personal property affidavit states: 30 days passed, no personal
representative, personal property at or under $200,000 less liens, claiming successor
entitled, funeral and last-illness expenses paid](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/10/arizona-small-estate-affidavit-03-personal-property.
jpg?w=1290&ssl=1)

Who has to hand things over? Thirty days after the death, any person indebted to
the decedent, or having possession of tangible personal property or an instrument
evidencing a debt, obligation, stock or chose in action belonging to the decedent,
must make payment or deliver it to the person claiming to be the successor. What
triggers that duty? An affidavit made by or on behalf of the successor, stating 
that all of the following are true (§14-3971(B)):

 1. Thirty days have elapsed since the death.
 2. Either (a) no application or petition for a personal representative is pending 
    and none has been appointed in any jurisdiction, and the value of all personal 
    property in the decedent’s estate, wherever located, less liens and encumbrances,
    does not exceed $200,000 as valued as of the date of death; or (b) the personal
    representative has been discharged or more than one year has elapsed since a closing
    statement was filed, and the same personal property does not exceed $200,000 as
    valued as of the date of the affidavit.
 3. The claiming successor is entitled to payment or delivery of the property.
 4. The funeral expenses and expenses of the last illness have been paid.

Two other holders are named. A transfer agent of any security must change the registered
ownership on the books of a corporation from the decedent to the successor on presentation
of the affidavit (subsection C). The Motor Vehicle Division must transfer title 
of a motor vehicle on presentation of the affidavit and on payment of the necessary
fees (subsection D).

Vehicles have their own page at MVD, titled “Vehicle Title Transfer after Owner’s
Death (Non-Probate Transfer).” It describes a Non-Probate Affidavit (form 32-6901)
and a Title & Registration Application (form 96-0236). The page lists four conditions:

 * the decedent’s personal property, including vehicles, does not exceed $200,000;
 * the estate is not under the jurisdiction of a probate court;
 * at least 30 days have passed since the death; and
 * all owners listed on the title are deceased.

A co-owner who is still living changes things. The page says the non-probate affidavit
may not be needed in that case, and the OR, AND/OR or AND wording on the title decides
how to proceed. Form 32-6901 (revision R04/25) runs one page, with a signature line
and a date line for the affiant. All of that comes from MVD, not from the statute.
The statute doesn’t require a notary. Ask each holder what it needs. The form’s 
text begins “I being first duly sworn, on oath, depose and say”; ask MVD how it 
wants the affidavit signed.

## Real property: up to $300,000 after six months

![What the Arizona real property affidavit states: six months, certified death certificate,
$300,000 or less less liens, unsecured debts paid, entitled signers, no one else
with a right, no federal estate tax](https://i0.wp.com/clearlegaltips.com/wp-content/
uploads/2026/10/arizona-small-estate-affidavit-04-real-property.jpg?w=1290&ssl=1)

The statute titles this the affidavit of succession to real property. You can file
not sooner than six months after the death. Who files? A person or persons claiming
as successor to the decedent’s interest in real property, including any debt secured
by a lien on real property. The affidavit goes in the court in the county where 
the decedent was domiciled at death. If the decedent was not domiciled in Arizona,
it goes in any county where the decedent had real property. In Title 14, “court”
means the superior court (A.R.S. 14-1201).

The affidavit describes the real property and the decedent’s interest in it. It 
also acknowledges that any false statement may subject the signers to penalties 
relating to perjury and subornation of perjury. And it states that all of the following
are true and material (§14-3971(E)):

 1. **The value test** comes in two versions. Under (a), no application or petition
    for a personal representative is pending and none has been appointed in any jurisdiction,
    and the value of all real property in the decedent’s estate located in this state,
    less liens and encumbrances against the real property, does not exceed **$300,000**
    as valued at the date of death. Under (b), the personal representative has been
    discharged or more than one year has elapsed since a closing statement was filed,
    and the value of all real property in the estate, wherever located, less liens 
    and encumbrances, does not exceed $300,000 as valued as of the date of the affidavit.
 2. **Six months** have elapsed since the death. A certified copy of the death certificate,
    attached to the affidavit, shows it.
 3. The **funeral expenses, expenses of the last illness and all unsecured debts** 
    of the decedent have been paid.
 4. The signers are entitled to the real property in one of three ways: by reason of
    the allowance in lieu of homestead, exempt property or family allowance; by intestate
    succession as the sole heir or heirs; or by devise under a valid last will, whose
    original is attached or has been probated.
 5. No other person has a right to the interest of the decedent in the described property.
 6. No federal estate tax is due on the decedent’s estate.

**Filing and recording.** The normal filing fee applies unless the court waives 
it under A.R.S. 12-301 or 12-302 (§14-3971(F)). No amount appears in the statute.
The Arizona Judicial Branch says each court level has its own filing fee schedule
and individual courts might have additional local fees. The clerk of the superior
court can tell you the current total. Next the registrar checks that the affidavit
is complete and issues a certified copy without attachments. That copy shall be 
recorded in the office of the recorder in the county where the real property is 
located.

Arizona’s statute lists what each affidavit must state, and the superior court, 
the county recorder and MVD handle the filing and the title work. LawDepot is a 
template tool, not a filing service. If you need other documents, you can browse
its templates.

[Browse LawDepot Templates →](https://clearlegaltips.com/go/lawdepot-affidavit-form)

## How Arizona measures value

![How Arizona values a house for the real property affidavit: full cash value on
the assessment rolls for the year of death, less liens and encumbrances, compared
with the $300,000 limit](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/10/arizona-small-estate-affidavit-05-value.jpg?w=1290&ssl=1)

For real property, you start with the **full cash value** shown on the assessment
rolls for the year the decedent died (§14-3971(E)(1)(a)). The alternative works 
differently. If the personal representative was discharged or a closing statement
is more than a year old, the rolls for the year the affidavit is given are used.
Liens and encumbrances against the real property then come off the total.

A debt secured by a lien on real property that the decedent held as the lender is
treated differently. It is valued at the unpaid principal balance due on the debt
at the date of death, or on the date of the affidavit under the alternative. A mortgage
the decedent owed is a different case. It is a lien against the real property, and
the statute subtracts liens and encumbrances.

Arizona’s property tax chapter defines “full cash value” as the value determined
as prescribed by statute. If no statutory method is prescribed, it is synonymous
with market value, and it cannot be greater than market value (A.R.S. 42-11001).
Ask the county assessor’s office where the roll figure for the year of death appears.
For personal property the statute uses the value as of a stated date (the death 
or the affidavit), not the assessor’s rolls.

## What stays outside the estate

![Arizona assets that pass outside the estate: accounts with survivorship or a pay
on death designation, beneficiary deeds, survivorship deeds and beneficiary designations,
with a note that creditors' rights are not limited](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/10/arizona-small-estate-affidavit-06-outside-estate.
jpg?w=1290&ssl=1)

Both tests count property in the decedent’s estate. Some transfers happen by their
own terms. That is why the way an asset is titled matters as much as the dollar 
amounts.

 * **Bank accounts.** On the death of a party, sums in a multiple party account 
   belong to the surviving party or parties. With a pay on death designation, sums
   belong to the surviving beneficiary or beneficiaries after the last party dies(
   A.R.S. 14-6212(A) and (B)). Other accounts work differently. A single party account
   without a pay on death designation, or a multiple party account without right
   of survivorship, is not affected by the death of a party, and the decedent’s 
   share is transferred as part of the estate (14-6212(C)).
 * **Beneficiary deeds.** A deed that conveys real property to a designated grantee
   beneficiary and expressly states that it is effective on the owner’s death transfers
   the interest effective on the owner’s death. It is valid only if executed and
   recorded before the death (A.R.S. 33-405).
 * **Survivorship.** A grant to two or more people can vest the estate in the survivor
   when it is expressly declared a joint tenancy with right of survivorship (33-
   431(B)). A grant to a husband and wife can vest the estate in the surviving spouse
   when it is expressly declared an estate in community property with right of survivorship(
   33-431(C)).
 * **Beneficiary designations.** A nonprobate transfer provision in an insurance
   policy, retirement plan, account agreement, trust or similar instrument is nontestamentary(
   A.R.S. 14-6101(A)). That section does not limit the rights of creditors under
   other laws of this state (14-6101(C)).

In our reading, an asset that passes this way to a named person is not part of the
personal or real property “in the decedent’s estate” that the limits test. The institution
holding it can say how it will treat the asset.

## How to use the Arizona affidavits, step by step

![Arizona small estate affidavit steps: order certified death certificates, sort
assets, value them, check debts, present the personal property affidavit after 30
days, file the real property affidavit after six months and record the certified
copy](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/arizona-small-
estate-affidavit-07-steps.jpg?w=1290&ssl=1)

 1. **Order certified copies of the death certificate.** The real property affidavit
    has to attach one.
 2. **Sort assets** into personal property, Arizona real property, and assets that 
    pass by account terms, deed or beneficiary designation.
 3. **Value what is left.** Personal property is valued less liens and encumbrances.
    Real property uses the full cash value on the assessment rolls, less liens and 
    encumbrances.
 4. **Check the debts.** The personal property affidavit states that funeral and last-
    illness expenses are paid. The real property affidavit adds all unsecured debts.
 5. **After 30 days,** sign the personal property affidavit and present it to each 
    holder, and to MVD for vehicles on MVD’s forms. The statute names no notary, so
    ask each holder what it requires.
 6. **After six months,** file the real property affidavit in the superior court with
    the certified death certificate and the original will if there is one, unless the
    will has been probated. Pay the normal filing fee unless the court waives it.
 7. **Get the registrar’s certified copy** and see that it is recorded with the county
    recorder where the property sits.

## A worked example under the new limits

![Arizona worked example: $153,000 of personal property and a $310,000 house less
a $40,000 mortgage equals $270,000, both under the HB 2116 limits](https://i0.wp.
com/clearlegaltips.com/wp-content/uploads/2026/10/arizona-small-estate-affidavit-
08-example.jpg?w=1290&ssl=1)

A Tucson widower dies in March 2026. His will leaves everything to his two adult
children. His house has a full cash value of $310,000 on the assessment rolls, and
a $40,000 mortgage is still owing. Add a $120,000 brokerage account, $18,000 in 
checking and a $15,000 car. Everything is in his name alone. For this example, assume
his funeral and last-illness expenses and all his unsecured debts are paid, nobody
has applied for a personal representative, and nothing else is in the estate.

 * **Personal property:** $120,000 + $18,000 + $15,000 = **$153,000**, with no liens
   on those assets in this example. That is under $200,000. After 30 days, the children
   can present the personal property affidavit to the brokerage and the bank. The
   car goes to MVD with the affidavit and the MVD forms and fees.
 * **Real property:** $310,000 minus the $40,000 mortgage leaves **$270,000**. That
   is under $300,000. After six months, the children can file the real property 
   affidavit. They attach the certified death certificate and the original will,
   or show that the will has been probated. Then the registrar issues the certified
   copy without attachments, and it is recorded.

The old figures of $75,000 and $100,000 are lower than $153,000 and $270,000, so
neither part of this estate would have fit them.

## After you sign: what the statute says

![After you sign in Arizona: payors and MVD are released, the recipient is answerable
to a personal representative or someone with a superior right, and purchasers and
lenders of recorded real property get protection](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/10/arizona-small-estate-affidavit-09-after-you-sign.
jpg?w=1290&ssl=1)

A person who pays, delivers, transfers or issues personal property on an affidavit
is discharged and released to the same extent as if that person dealt with a personal
representative. That person does not have to see to the application of the property
or inquire into the truth of any statement in the affidavit (A.R.S. 14-3972(A)).
MVD is released the same way when it issues a title on an affidavit (14-3972(B)).

What if a person who receives the affidavit refuses to pay, deliver, transfer or
issue the property? It may be recovered, or its delivery compelled, in a proceeding
brought for that purpose by or for the persons entitled to it. Whoever receives 
property this way is answerable and accountable to any personal representative of
the estate or to any other person having a superior right (14-3972(A)). Successors
also take subject to all charges incident to administration, including creditors’
claims and the allowances of the surviving spouse and dependent children (A.R.S.
14-3901). Subsection G of 14-3971 adds that the affidavit statute does not limit
the rights of heirs and devisees under 14-3901.

The statute also protects people who deal with the successors later. Buyers and 
lenders are covered too. A purchaser of real property from the successors named 
in a certified copy of the affidavit, or a lender to them, gets the same protection
as one dealing with a distributee who received a deed of distribution from a personal
representative. Recording matters: the certified copy has to be recorded in the 
county where the property sits (14-3972(C), which cites 14-3910). The person who
collects stays answerable. So keep a copy of every affidavit you sign and a record
of what was paid.

## Common mistakes in Arizona

 * **Using a sale price for the house.** The statute uses the full cash value on
   the assessment rolls, less liens.
 * **Filing the real property affidavit too early.** The statute says not sooner
   than six months after the death.
 * **Leaving unsecured debts unpaid.** The real property affidavit requires that
   all unsecured debts have been paid, which goes beyond funeral and last-illness
   bills.
 * **Forgetting to record.** The statute says the registrar’s certified copy shall
   be recorded in the county where the real property is located.
 * **Relying on old limits.** A guide written before the amendment will show the
   old $75,000 and $100,000 figures.

## AHCCCS estate recovery in Arizona

![Arizona AHCCCS estate recovery: A.R.S. 36-2935 lets AHCCCS file a claim against
a member's estate, the personal representative's three-month notice for members 
55 or older, and Arizona Administrative Code R9-28-911 on timing and undue hardship](
https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/arizona-small-estate-
affidavit-10-ahcccs.jpg?w=1290&ssl=1)

AHCCCS, the Arizona health care cost containment system administration (A.R.S. 36-
2931), is Arizona’s Medicaid agency. It may file a claim against a member’s estate
to recover paid assistance; A.R.S. 36-2935 has the director adopt rules for that
and entitles AHCCCS to a lien on a member’s property.

The same section says a member’s personal representative must notify AHCCCS of the
member’s estate or property within three months after the member’s death if the 
member was at least fifty-five years of age and AHCCCS has not already filed a statement
of claim in the estate proceedings (36-2935(B)). That duty is addressed to a personal
representative.

AHCCCS’s policy manual page, “A Estate Recovery Program Overview” (revised 12/06/
2022), is a description from the agency, not the statute. It says estate recovery
applies to a deceased person who received ALTCS nursing home or Home and Community
Based Services benefits. The person had to be 55 or older when the benefits were
received, and the benefits had to come on or after January 1, 1994. In the Arizona
Administrative Code, ALTCS means the Arizona Long-term Care System, as authorized
by A.R.S. 36-2932 (R9-28-101). The manual’s introduction says AHCCCS must file a
claim against an ALTCS customer’s estate to recover its costs for providing Medicaid
benefits.

The manual page says the claim is filed at the time of the customer’s death against
all property subject to either a small estate affidavit or probate. It adds that
a home solely owned by an ALTCS customer, owned jointly without right of survivorship,
or owned jointly with right of survivorship when the joint owner is deceased is 
subject to a claim. The page’s glossary still describes small estate affidavits 
with an older dollar figure; the limits in this article come from A.R.S. 14-3971.
Whether an asset counts toward the limits above is a separate question from whether
AHCCCS can make a claim against it.

AHCCCS’s rules in the Arizona Administrative Code add two points (R9-28-911). A 
recovery against a member’s estate is made only after the death of the member’s 
surviving spouse, and only at a time when there is no surviving minor child under
age 21 and no surviving child who receives Social Security benefits because the 
child is blind or disabled (R9-28-911(A)). Separately, a member’s representative
may request an undue hardship exemption. The request is due within 30 days from 
receipt of the notification of the AHCCCS claim against the estate. A written statement
describing the factual basis goes with it. The rule lists the situations in which
AHCCCS shall waive a claim because of undue hardship. Ask AHCCCS whether one applies.

The pages we read do not explain the steps for a claim when property is collected
by affidavit. Did the person receive long-term care benefits from AHCCCS? If that
is possible, ask AHCCCS before you distribute property you collected.

## If the affidavits don’t fit your estate

If the estate is over the limits, or the debts cannot be paid first, the next step
is a probate filing. Informal probate or appointment begins with a verified application
directed to the registrar (A.R.S. 14-3301). Who may apply? Subsection A lists the
surviving spouse, an adult child, a parent, a brother or sister, an heir, a person
nominated in the will and, forty-five days after the death, any creditor, among 
others. It also covers a qualified person or a personal representative from the 
state of domicile when the decedent was a nonresident, the department of veterans’
services when the decedent was a veteran, and the public fiduciary when no one else
is qualified and willing. Our [probate cost estimator](https://clearlegaltips.com/probate-cost-estimator/)
helps you plan the cost. Planning ahead? An owner can name a grantee under Arizona’s
beneficiary deed statute (A.R.S. 33-405), and the grantee receives the property 
when the owner dies. For the general idea, see our [transfer on death deed guide](https://clearlegaltips.com/transfer-on-death-deed-template-2026/).

## How Arizona compares

Where does Arizona sit? Its $200,000 ranks fourth, tied with Louisiana, among the
49 jurisdictions in our table with a numeric limit. Wyoming ($400,000) is highest.
Oregon ($275,000) and [California](https://clearlegaltips.com/california-small-estate-affidavit/)(
$208,850 for deaths on or after April 1, 2025) come next. The median is $75,000.
Seven jurisdictions in our table have a separate real-property procedure, Arizona
among them: Arizona, California, Indiana, Michigan, Nebraska, South Dakota and Wyoming.
California’s real property routes are its own, so they are not the same as Arizona’s
$300,000 affidavit. See every state in our [small estate affidavit limits by state](https://clearlegaltips.com/small-estate-affidavit-limits-by-state/)
table.

## Frequently Asked Questions

### How much can an Arizona small estate affidavit cover in 2026?

There are two. For personal property the limit is $200,000, and for real property
it is $300,000. Both are measured less liens and encumbrances. The personal property
affidavit is available 30 days after the death, and the real property affidavit 
not sooner than six months after the death.

### Can I use an affidavit instead of probate for a house in Arizona?

Arizona’s real property affidavit exists for that. Not sooner than six months after
the death, the successors file it in the superior court if the real property, less
liens, does not exceed $300,000 at its full cash value on the assessment rolls. 
They also have to state that all unsecured debts are paid and that no one else has
a right to the property. The registrar then issues a certified copy that is recorded.
A buyer or lender who deals with the successors in that recorded copy gets the protection
in A.R.S. 14-3972(C).

### Do I file the personal property affidavit with a court?

Subsection B has no court filing. The affidavit is presented to the person who owes
the decedent money or holds the property, to a transfer agent for securities, and
to MVD for a vehicle title. Only the real property affidavit is filed in the court
under subsection E.

### Can I use the personal property affidavit if there is a will?

Subsection B asks that the person claiming be the successor and be entitled to the
property, and it does not mention a will. Title 14 defines successors as persons
other than creditors who are entitled under a will or under the title. Ask each 
holder what it wants to see.

### How long do I have to wait in Arizona?

Thirty days after the death for the personal property affidavit. Not sooner than
six months for the real property affidavit. A surviving spouse can present an affidavit
to an employer at any time after the death, for unpaid pay of up to $5,000.

### Do debts have to be paid first?

The personal property affidavit states that funeral expenses and expenses of the
last illness have been paid. The real property affidavit goes further. It says funeral
expenses, last-illness expenses and all unsecured debts have been paid.

### Does the date of death change anything?

No cutoff appears in either text. Neither the bill nor the amended statute mentions
a date-of-death cutoff. The amended text of A.R.S. 14-3971 uses $200,000 and $300,000.
The 2025 session’s general effective date was September 26, 2025. For valuation,
the statute uses the date of death, or the date of the affidavit under the discharged-
representative alternative.

### Does a surviving spouse get anything before the affidavits?

In one case, yes. On the spouse’s affidavit, an employer must pay a surviving spouse
unpaid wages of up to $5,000. The homestead allowance is separate. It is $18,000
under A.R.S. 14-2402, with priority over claims against the estate except expenses
of administration.

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### Sources & References

 * [azleg.gov (A.R.S. §14-3971)](https://www.azleg.gov/ars/14/03971.htm)
 * [azleg.gov (A.R.S. §14-3972, effect of affidavit)](https://www.azleg.gov/ars/14/03972.htm)
 * [azleg.gov (A.R.S. §14-3901)](https://www.azleg.gov/ars/14/03901.htm)
 * [azleg.gov (A.R.S. §14-3301)](https://www.azleg.gov/ars/14/03301.htm)
 * [azleg.gov (A.R.S. §14-1201, definitions)](https://www.azleg.gov/ars/14/01201.htm)
 * [azleg.gov (A.R.S. §14-2402, homestead allowance)](https://www.azleg.gov/ars/14/02402.htm)
 * [azleg.gov (A.R.S. §14-6101)](https://www.azleg.gov/ars/14/06101.htm)
 * [azleg.gov (A.R.S. §14-6212)](https://www.azleg.gov/ars/14/06212.htm)
 * [azleg.gov (A.R.S. §33-405)](https://www.azleg.gov/ars/33/00405.htm)
 * [azleg.gov (A.R.S. §33-431)](https://www.azleg.gov/ars/33/00431.htm)
 * [azleg.gov (A.R.S. §42-11001, full cash value)](https://www.azleg.gov/ars/42/11001.htm)
 * [azleg.gov (A.R.S. §36-2935, estate recovery)](https://www.azleg.gov/ars/36/02935.htm)
 * [azleg.gov (A.R.S. §36-2931, definitions)](https://www.azleg.gov/ars/36/02931.htm)
 * [azleg.gov (2025 Session Laws, Chapter 24, HB 2116)](https://www.azleg.gov/legtext/57leg/1R/laws/0024.htm)
 * [azleg.gov (General Effective Dates)](https://www.azleg.gov/general-effective-dates/)
 * [azdot.gov (MVD: Vehicle Title Transfer after Owner’s Death)](https://azdot.gov/vehicle-title-transfer-after-owners-death-non-probate-transfer)
 * [azdot.gov (MVD form 32-6901, Non-Probate Affidavit)](https://apps.azdot.gov/files/mvd/mvd-forms-lib/32-6901.pdf)
 * [azahcccs.gov (AHCCCS policy manual: Estate Recovery Program Overview)](https://epm.azahcccs.gov/epmplus/Policy/Chapter_1900_Estate_Recovery/1901_Estate_Recovery_Claims/A_Estate_Recovery_Program_Overview.htm)
 * [azahcccs.gov (AHCCCS policy manual: Estate Recovery Introduction)](https://epm.azahcccs.gov/epmplus/Policy/Chapter_1900_Estate_Recovery/1900_Introduction.htm)
 * [azsos.gov (Arizona Administrative Code, 9 A.A.C. 28: R9-28-101, R9-28-911)](https://apps.azsos.gov/public_services/Title_09/9-28.pdf)
 * [azcourts.gov (court filing fee schedules)](https://www.azcourts.gov/courtfilingfees)

_Fact-checked: October 2026_

**Legal Disclaimer:** This article is general information, not legal advice. ClearLegalTips
is not a law firm and does not provide legal representation. Laws vary by state 
and change over time. For guidance on your specific situation, consult a licensed
attorney in your jurisdiction.

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ClearLegalTips is an independent publisher of plain-English legal guides, free document
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