Jaburg Wilk


Transfer of Small Estates without Probate in Arizona

Categories: Estate Planning, Article

new AZ laws help small estates avoid probate

Effective September 2013, small estates in Arizona  increased in the value of assets that may be transferred without requiring a probate of the decedent's estate.

On April 16, 2013, Governor Jan Brewer signed into law Senate Bill 1232, which amends A.R.S. §14-3971 governing the collection of personal property, vehicles, and succession to real property by affidavit.  Therefore, decedent's estates having personal property assets such as jewelry, art, bank accounts, furniture, furnishings, vehicles, etc. valued at $75,000 or less (minus liens and encumbrances), or having real property valued at $100,000 or less (minus liens and encumbrances) will not be subject to mandatory probate.

The heir(s) of the decedent's estate may collect the personal property 30 days after the decedent's death by affidavit.  In addition, successors in interest to the decedent's real property may collect it six months after the decedent's death by affidavit.

Nevertheless, there are always exceptions as well as reasons why a probate proceeding may be needed for administering these small estates so it is best to consult with an experienced probate lawyer.

Founded in 1984, Jaburg & Wilk PC offers extensive experience, diversity in practice areas and the ability to think like a business owner. We are an Arizona mid-sized AV rated law firm, the highest rating that a law firm can receive. Our attorneys, paralegals, and other support staff meet our clients' diverse legal needs and provide exceptional service through our 21 Fundamentals which comprise The JW Way.