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Arizona · A.R.S. §14-3971(E)–(G)Arizona affidavit of succession to real property: the small-estate route for a house

Not sooner than six months after a death, the people claiming as successors to the decedent's interest in Arizona real property – including a debt secured by a lien on real property – may file an affidavit in the court of the county where the decedent was domiciled, or, for a decedent domiciled elsewhere, in any county where the real property is (A.R.S. §14-3971(E)). The affidavit describes the property and states, under penalty of perjury, that no personal representative is pending or appointed and the decedent's Arizona real property, less liens and encumbrances, doesn't exceed $300,000, valued from the full cash value on the assessment rolls for the year of death (§14-3971(E)(1)(a)). It also states that six months have passed, as shown by an attached certified death certificate; that funeral and last-illness expenses and all unsecured debts are paid; that the signers are entitled as heirs, as devisees under a valid will that is attached or probated, or through the homestead allowance, exempt property or family allowance; that no one else has a right to the interest; and that no federal estate tax is due (§14-3971(E)(2)–(6)). After finding the affidavit complete, the registrar issues a certified copy without attachments, which is recorded with the county recorder where the property lies (§14-3971(F)).

The rules

  1. 1. Timing (§14-3971(E))

    Not sooner than six months after the death.

  2. 2. Value cap (§14-3971(E)(1))

    Arizona real property, less liens, up to $300,000 at full cash value.

  3. 3. Statements (§14-3971(E)(2)–(6))

    Death certificate attached, debts paid, entitlement, no other claimant, no federal estate tax.

  4. 4. Recording (§14-3971(F))

    The registrar's certified copy is recorded with the county recorder.

What the TC can do

  • When heirs sell without probate, ask whether the certified affidavit copy is recorded.
  • Check the date of death against the six-month mark before setting the closing date.
  • Ask the title company whether it will insure from the recorded affidavit.

Questions about the Arizona affidavit of succession

Can Arizona heirs sell a house without probate?

If the decedent's Arizona real property, less liens, is worth $300,000 or less and the other conditions are met, the successors may file an affidavit of succession not sooner than six months after the death (A.R.S. §14-3971(E)).

How is the Arizona affidavit of succession recorded?

After the registrar finds it complete, the registrar issues a certified copy without attachments, which is recorded with the recorder of the county where the property is located (A.R.S. §14-3971(F)).

Related guides

Put the death certificate date, the six-month mark and the recorded affidavit on the deal as tasks in ClosingCode.

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Source: A.R.S. §14-3971 (azleg.gov, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.