Detailed Answer

This article explains, in plain language, how to prepare and submit an affidavit accounting for personal property in a small estate matter in Arizona. It uses a hypothetical example to show the typical steps. This is educational information only and not legal advice. For controlling law, see Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings): https://www.azleg.gov/arsDetail/?title=14.

What a “small estate” affidavit is and when to use it

A small estate affidavit lets a person with a legal right to a decedent’s personal property collect that property (for example, money in a bank account or a vehicle) without opening a full probate administration. Arizona law provides streamlined ways to transfer personal property when the estate is small and no formal probate administration is necessary. Before you start, confirm that the estate qualifies under Arizona rules (value limits, types of assets, and whether probate has already been opened affect eligibility).

Common eligibility checkpoints (hypothetical example)

Example: Jane wants to collect her late brother Tom’s checking account and household items. Before she prepares an affidavit she confirms:

Tom was domiciled in Arizona at death.
No formal probate administration is open in Arizona for Tom’s estate.
The kinds and total value of personal property she plans to claim fall within Arizona’s small-estate procedures.

Step-by-step: How to prepare the affidavit

Identify the correct form or construct a compliant affidavit. Some banks and institutions accept their own affidavit forms or the Arizona model affidavit; others require a custom affidavit. The affidavit must include the facts required by Arizona law (identity of the decedent, date of death, claimant’s relationship, statement that no probate administration is pending, description of property, and value estimates).
Assemble supporting documents. Attach a certified or official copy of the decedent’s death certificate, proof of your identity, and any documents showing your relationship or right to the property (for example, an original will naming you as beneficiary, a marriage certificate, or other records).
List the personal property and values. Itemize the personal property you are claiming (bank accounts, cash, vehicles, household goods, etc.) and give a reasonable current value for each item. Note any liens or encumbrances you know about.
Include statements required by law. The affidavit should state that no application for probate has been filed in Arizona (or that the waiting period set by statute has expired), that to your knowledge the estate assets listed are within the statutory limit for small-estate procedures, and that you are entitled to possession of the property described.
Swear to the truth and notarize. Sign the affidavit in front of a notary public. Most recipients will insist on notarization before releasing property or funds.

What to say in the affidavit (typical content)

The affidavit should cover these points in clear, short statements:

Decedent’s full name, date of death, and last Arizona residence.
Your full name, address, relationship to decedent, and basis for claiming the property (heir, surviving spouse, beneficiary, etc.).
A statement that no probate administration is open in Arizona for the decedent (or that small-estate rules apply under Arizona law).
A list describing each item of personal property you seek, its approximate value, and the location or custodian (for example: Bank X account number ending in 1234; 2010 Toyota Corolla VIN xxx; household furniture).
Statements about exemptions, liens, or debts affecting the property if you know of any.
A declaration that the information is true under penalty of perjury, the date, and a notary acknowledgment.

How to submit the affidavit and collect property

Present the affidavit to the property holder. For bank accounts or securities, present the signed, notarized affidavit with the death certificate and your ID to the bank or custodian. Different banks have different internal rules; ask what additional documents they require.
File with the court only if required. In many small‑estate matters you do not file the affidavit with the probate court. Instead, you present it to the entity holding the asset. However, if Arizona law or a particular custodian requires court filing or a court order, follow that requirement. If you are unsure, check Title 14 and local court rules or consult court staff.
Be prepared for requests for additional proof. The bank or custodian may require extra documentation, a probate court letter, or more detailed proofs of heirship. If the financial institution refuses to release funds, it may require a court order or a short probate proceeding.

After submission: distributing or using the property

Once the custodian releases property, distribute or use it according to Arizona law and the decedent’s rights. If multiple heirs exist, coordinate distribution among them to avoid disputes. If you keep property, keep receipts and records in case another heir questions the transfer.

When to consider filing probate or getting attorney help

If the estate has debts, disputes between potential heirs, real property, or values that push it beyond the small-estate threshold or if a financial institution refuses to honor the affidavit, you may need to open a formal probate administration. An attorney can review your situation and explain whether a small-estate affidavit fits the facts.

Relevant Arizona law and where to look

Arizona’s probate and small-estate rules appear in Title 14 of the Arizona Revised Statutes. For the exact statutory language and any monetary limits, look at Title 14 and the sections on probate and transfer of personal property. Start here: Arizona Revised Statutes, Title 14. You can also contact the local county probate court clerk for jurisdiction-specific forms and procedures.

Disclaimer: This article explains general legal concepts under Arizona law and gives practical steps people commonly take. It is not legal advice. Laws change, and your facts may alter what you should do. For case‑specific legal advice, consult a licensed Arizona attorney.

Helpful Hints

Call the bank or custodian first and ask what affidavit language and attachments they require.
Bring an official death certificate (certified copy) — many institutions will not accept a photocopy.
Keep an itemized list with values and receipts for any property you collect.
If multiple heirs exist, get written agreement from co-heirs before collecting assets to reduce later disputes.
Check whether any debts, liens, or tax obligations attach to the personal property you intend to collect.
When in doubt about statutory limits, filing deadlines, or whether a probate has already been opened, contact the county probate clerk or an Arizona probate attorney.