Table of Contents
The Maricopa County, Arizona Small Estate Affidavit Form is pursuant to Arizona Law, Sec. 14-3971(B), ARS. It must be notarized by an Arizona notary public.
This set of forms is to be used to claim wages, personal property, or real property from the estate of a person who has died in Maricopa County, Arizona.
When can this Affidavit be used?
It can be used if no personal representative (executor) has been appointed and the value of personal property is less than $50,000 and more than 30 days have passed since the date of death, if the assessed value of real property is less than $75,000 and more than 6 months have passed since the date of death, or if less than $5000 in wages are owed and you are the surviving spouse of the deceased. You must be entitled to make the claim which means you must be named in the will, be a close relative, or have had interest in the estate assigned to you.
How to Write
- Fill out the Affidavit For Collection Of All Personal Property if you are collecting personal property, debts, or wages.
- Enter the name of the deceased.
- Enter the date of death.
- Enter your relationship to the deceased.
- Check the box(es) that describes your claim to the property. This may include being named in the will, being a close relative of the deceased, or being assigned interest by the heirs to the estate.
- Describe the personal property in question including its value and its current location.
- Describe the debt or wages owed to the deceased including the amount and the debtor.
- Take this form to an Arizona notary public or a deputy clerk of court. The notary public or clerk will verify your identity (typically through a government-issued identification document), witness your signature, enter the date, and apply his or her seal.
- Fill out the Probate Information Cover Sheet if you are collecting real property and you do not already have a Maricopa County Probate Court case number.
- Enter the name, date of birth, address, social security number, phone numbers, and email for the deceased.
- Enter your name, address, phone number, and email. Check the box if you have an attorney and enter his or her information as well.
- Check the box if you need an interpreter, specify which language you need, and enter your name.
- Check line #204 for affidavit of succession to realty.
- If you are also applying to be the personal representative of the deceased, enter your name, date of birth, address, social security number, phone numbers, email address, relationship to the deceased, and physical description.
- Fill out the Affidavit For Transfer Of Title To Real Property if you are claiming title to real estate.
- Enter your name, address, and phone number. Indicate if you have an attorney and enter his or her information.
- Enter the case number if you have one.
- Enter the name of the deceased and check if he or she was an adult or a minor.
- Enter the name of the deceased and the date of death.
- Check whether the deceased lived and owned property in Maricopa County, Arizona or lived elsewhere and owned property in Maricopa County, Arizona. Enter the city and state where the deceased lived if it was not Maricopa County, Arizona.
- Enter your relationship to the deceased.
- Enter the description of the real property as shown on the deed or title.
- Enter whether the deceased held title to the property or had other interest in the property.
- Check the box(es) describing your claim to the property. This may include being named in the will, being a close relative of the deceased, or being assigned interest by the heirs to the estate.
- Take this form to an Arizona notary public or a deputy clerk of court. The notary public or clerk will verify your identity (typically through a government-issued identification document), witness your signature, enter the date, and apply his or her seal.
Free Maricopa County, Arizona Small Estate Affidavit Form - PDF Download
If you are claiming personal property, a debt, or wages owed, present the affidavit to the person who is in possession of the property or money. You will not have to pay any fees or file any papers.
If you are claiming title to real property, take or send the Probate Cover Sheet, the Affidavit For Transfer Of Title To Real Property, the will or a certified copy of the will, a certified copy of the death certificate, and a copy of the closing statement if the estate was probated elsewhere to the Probate Registrar at a Superior Court. The fee is currently $268.00, but you should check to see if fees have been updated. The Probate Registrar will issue a certified copy of the affidavit, which you must record with the county recorder.
