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ArizonaHB 2116Fifty-seventh Legislature - First Regular SessionHouseWALLET

small estate; affidavit; limits

Sponsored By: Neal Carter (Republican)

Signed by Governor

affidavitlimitssmall estatesmall estate administrationtrusts, estates and protective proceedings - title 14

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Heirs can collect larger estates by affidavit

Arizona raises the personal-property limit for using an affidavit—a sworn statement—from $75,000 to $200,000. The limit counts all estate personal property, wherever located, after subtracting liens and other claims against it. A rightful successor must wait at least 30 days after death, and funeral and last-illness expenses must be paid. No estate representative appointment can be pending or made anywhere, unless the representative was discharged or the estate's closing statement was filed more than one year ago. Value the property at death when no representative was appointed; otherwise, use the affidavit date. Those holding the property or owing the deceased money must deliver it or pay upon receiving the required affidavit. Securities agents must transfer registered ownership, and the motor vehicle division must transfer vehicle titles after required fees are paid. Separately, an employer can pay a surviving spouse or authorized agent up to $5,000 in unpaid wages or other service pay. That payment requires a spouse's affidavit stating their authority and that no representative appointment is pending in Arizona, unless the representative was discharged or the closing statement was filed more than one year ago.

Heirs can claim larger properties by affidavit

Arizona raises the real-property limit for using a sworn affidavit from $100,000 to $300,000, after subtracting liens and other claims. Successors must wait at least six months after death and attach a certified death certificate. No estate representative appointment can be pending or made, unless the representative was discharged or the estate's closing statement was filed more than one year ago. With no representative appointed, count all Arizona estate real property at its date-of-death value. In the other cases, count estate real property everywhere at its affidavit-date value. The valuation rule uses full cash value on the tax rolls for the year of death; for a debt secured by a lien, it uses unpaid principal at death. Funeral expenses, last-illness expenses, and all unsecured debts must be paid, and no federal estate tax can be due. Signers must have a legal right through inheritance, a valid will, or a listed homestead, exempt-property, or family allowance. No one else can have a right to the claimed interest, and the original will must be attached or already probated. File in the court where the deceased lived, or where the property sits if the deceased lived outside Arizona. The normal filing fee applies unless the court waives it; the registrar issues a certified copy and records it with the county. The law also preserves heirs' and will beneficiaries' rights under the separate estate-distribution law.

Sponsors & Cosponsors

Sponsor

  • Neal Carter

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 102 • No: 6

House vote • 3/25/2025

THIRD: Passed

Yes: 25 • No: 0

House vote • 3/10/2025

DP

Yes: 7 • No: 0

House vote • 2/24/2025

THIRD: Passed

Yes: 53 • No: 6

House vote • 2/17/2025

C&P

Yes: 7 • No: 0

House vote • 2/11/2025

DPA

Yes: 10 • No: 0

Actions Timeline

  1. Third Reading: Passed

    3/25/2025House

  2. undefined: PFC

    3/17/2025House

  3. undefined: DP

    3/10/2025House

  4. Third Reading: Passed

    2/24/2025House

  5. Committee of the Whole: do pass amended

    2/20/2025House

  6. undefined: C&P

    2/17/2025House

  7. undefined: DPA

    2/11/2025House

Bill Text

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