Arizona’s New Probate Law Simplifies Small Estate Transfers

Effective March 31, 2025, Arizona’s House Bill 2116 introduces important changes that simplify the probate process for smaller estates. Thanks to this new law, more Arizona families can now use a faster, simpler, and less expensive method to settle their loved one’s affairs.

The law raises the asset thresholds for using a simplified affidavit procedure—a sworn statement used to claim assets—so that formal probate may no longer be necessary if the estate is under a certain value.

Key Changes Under HB 2116

These updates are designed to help more families avoid the time, cost, and stress of formal probate court:

• Personal Property: The limit for using an affidavit to collect personal property increases from $75,000 to $200,000.
• Real Property: The threshold for transferring real estate using an affidavit increases from $100,000 to $300,000.

How the Simplified Affidavit Process Works

Instead of opening a formal probate case (which can take months and involve legal fees), a qualified heir can use an affidavit to claim assets directly from the institution holding them—like a bank, title company, or the motor vehicle division.

To use the affidavit process, certain conditions must be met:

• Required Waiting Periods:
  • 30 days after death for personal property
  • 6 months after death for real property
• The affidavit must declare:
  • The individual is legally entitled to inherit the asset
  • The estate’s value is within the updated limits
  • All debts, funeral, and medical expenses have been paid or will be paid

Peace of Mind Made Simpler

This new law offers Arizona families a more accessible, affordable way to transfer assets after a loved one’s passing. At Seiter Law, we’re here to help you understand your options and create an estate plan that ensures your family can avoid unnecessary delays and expenses in the future.

Contact us today to learn how a simple plan now can make a difficult time much easier later. We offer complimentary consultations and would be happy to schedule yours as soon as a possible.