You may use the forms on this page if the following factors apply to your situation:
- You are named in a will to receive the property OR the person who died did not have a will, but you are related to the decedent (person who died) as:
-
- Surviving spouse, or
- Child (if there is no surviving spouse - or there is, but they are not your parent and your parent, the decedent, had separate or community property), or
- Parent (if there is no surviving spouse or child), or
- Brother or sister (if there is no surviving spouse or child or parent),
-
and,
You can prove that any people with equal or greater right than you to the property have all assigned their entire interests in the estate to you. You must attach a copy of the signed documents assigning their interests to you to the Affidavit.
AND
If you are seeking to transfer Personal Property...
- The value of all personal property (minus amounts owed) is not more than $200,000 AND at least 30 days have passed since they died.
- Personal property includes everything the decedent owned, other than real estate. (Examples include cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.).
- A surviving spouse may use this Affidavit to collect wages of up to $5,000 owed to the decedent.
- NOTE: This Affidavit is not filed with the Court. You give it to the person or entity with the property. It can only be used if decedent lived in Arizona.
If you are seeking to transfer Real Property...
- The assessed value of all real property (minus amounts owed on the real property) is not more than $300,000 AND at least 6 months have passed since they died.
- Real property includes houses, land, or other real estate located in Arizona (this affidavit cannot be used for real property outside of Arizona).
- When calculating the value of all real property, subtract any amounts owed, such as mortgages and other liens and encumbrances, as of the date of death.
- NOTE: You must attach a certified copy of the Death Certificate to this Affidavit. The Affidavit must be filed with the Court in the Arizona County where the property is.
Information and resources to help you understand Probate issues
