What is the dollar limit for transferring an Arizona house by small-estate affidavit?

As of September 26, 2025, the full cash value of all Arizona real property in the estate, minus liens and encumbrances, must not exceed $300,000 (raised from $100,000 by HB 2116). Value is measured from the county assessment rolls, generally for the year the owner died. The personal-property limit rose to $200,000.

How long do heirs have to wait before filing the affidavit of succession to real property?

At least six months must have passed since the death before the affidavit of succession to real property can be filed under A.R.S. § 14-3971. For personal property such as bank accounts, the wait is 30 days.

Can heirs sell the inherited house before the affidavit is processed?

A sale generally cannot close until title has legally passed to the heirs — the affidavit must be filed with the superior court and the certified copy recorded with the county recorder first. Heirs can, however, request offers and line up a buyer in the meantime, and a title company can verify what remains to be done.

What if the house is worth more than the small-estate limit?

Then the small-estate affidavit is not available and the estate typically goes through probate. Arizona's informal probate is often faster than people expect — the court appoints a personal representative who can generally sell estate property once appointed.

Inheritance guide

The Arizona small-estate affidavit for an inherited house: a checklist

By the AZ Home Cash team — local Arizona home buyers · Last updated July 9, 2026 · Based on A.R.S. § 14-3971 as amended by HB 2116 (2025)

For modest estates, Arizona lets heirs transfer a house without a full probate using an affidavit of succession to real property. In 2025 the legislature tripled the limit — many more families now qualify and don't know it. Here is the checklist, in order, with the official sources.

First: do you qualify?

Value limit — $300,000. The full cash value of all Arizona real property in the estate, minus liens and encumbrances, must not exceed $300,000, measured from the county assessment rolls (generally for the year the owner died). This limit took effect September 26, 2025, under HB 2116 — it was $100,000 before, so older articles you may find are out of date. Note the math: a $450,000 house with a $200,000 mortgage has $250,000 of value after liens and can qualify.
Six months have passed since the death (A.R.S. § 14-3971). For personal property like bank accounts the wait is only 30 days, but real estate requires the six-month wait.
No personal representative has been appointed or has a pending application — or one was appointed and has been discharged. If a probate is already open, the property is handled there instead.
Funeral expenses and the estate's known unsecured debts have been paid.
You are actually entitled to the property — under the will, or under Arizona's intestate-succession rules if there is no will. If several heirs inherit together, they proceed together.

If the house passed by beneficiary deed or through a living trust, stop — you don't need this affidavit at all. See our inherited-house guide for how those work.

The checklist

1. Gather the documents: a certified copy of the death certificate (order extras from Arizona Vital Records), the original will if there is one, the recorded deed showing how title was held, the county assessor's full-cash-value figure, and payoff statements for any mortgage or liens.
2. Confirm the math: assessed full cash value minus liens ≤ $300,000, for all Arizona real property combined.
3. Confirm debts are handled: funeral expenses and known unsecured debts paid.
4. Complete the affidavit form: the Arizona courts publish small-estate affidavit forms through the Self-Service Center and each county superior court's website. All entitled heirs sign as required by the form, and signatures are notarized.
5. File with the superior court in the county where the property is located, with the death certificate and will attached. The clerk issues a certified copy of the affidavit.
6. Record the certified copy with the county recorder in that county (for Maricopa County: the Maricopa County Recorder). Recording is what puts the heirs on title.
7. Then the house can be sold or kept. Once the heirs are on title, they can sell like any other owner. A title company will verify the chain of title as part of any sale — including a sale to us.

Where this goes wrong (and when to get a lawyer)

The value is near the limit. Whether the number is measured correctly, and in which assessment year, is exactly the kind of question that justifies an hour of an attorney's time.
Heirs disagree — about selling, about shares, about who signs. An affidavit signed by fewer than all entitled heirs invites a challenge later.
There are stepchildren, estranged relatives, a handwritten will, or no will. Arizona's intestate-succession rules have real edge cases.
Someone already opened a probate, or a creditor claims the estate owes more than it holds.

In any of these situations, spend the money on an Arizona probate attorney first. The affidavit is a shortcut for the simple cases — it is not a way around a genuinely complicated estate.

Selling the house after the affidavit

Once heirs are on title, an inherited house can be sold as-is — belongings included, no repairs, no cleanout, remote closing if you live out of state. We prepare written cash offers within 24–48 hours: request one here or call 602-462-8891. Comparing several buyers? Use our 10 questions to ask before signing and the net-proceeds calculator.

Frequently asked questions

What is the dollar limit for a house?

$300,000 in full cash value of all Arizona real property, minus liens, per the county assessment rolls — effective September 26, 2025, under HB 2116. Personal property is capped at $200,000.

How long do I have to wait?

Six months from the death for real property; 30 days for personal property (A.R.S. § 14-3971).

Can I sell before the affidavit is done?

You can line up a buyer and even sign a contract, but closing has to wait until the affidavit is filed and the certified copy is recorded so the heirs are on title. A title company confirms the sequence.

What if the house is worth more than the limit?

Then it's probate — usually Arizona's informal probate, which is faster than most people expect. Our inherited-house guide covers it.

Official sources

A.R.S. § 14-3971 — collection of estate assets by affidavit, including the affidavit of succession to real property.
HB 2116 (2025) — the bill that raised the limits to $300,000 (real property) and $200,000 (personal property), effective September 26, 2025.
Arizona Judicial Branch — Self-Service Center — court forms and instructions.
Arizona Department of Health Services — Vital Records — certified death certificates.
Maricopa County Recorder — recording in Arizona's largest county.

Disclaimer: This checklist is general information about Arizona's small-estate affidavit process, not legal or tax advice, and reading it does not create any professional relationship. Statute references are current as of the last-updated date above, but laws and dollar limits change. Estates involving disagreements, unclear wills, creditor claims, or values near the limit should be reviewed by an Arizona probate attorney before filing anything. AZ Home Cash is a home buyer, not a law firm.