How to Document Asset Transfers for Arizona Small-Estates (FAQ)
This FAQ explains what records commonly prove transfers of assets when using Arizona small-estate procedures. It assumes no prior legal knowledge. This is educational information only and not legal advice.
Detailed answer — what records you need and why
Arizona law provides a simplified procedure for collecting certain types of a decedent’s personal property without a full probate case. Those simplified procedures rely on an affidavit and supporting documentation that show who is entitled to each asset and how the asset will be transferred. See A.R.S. Title 14 for probate and small-estate provisions (A.R.S. Title 14).
To show asset transfers under Arizona small-estate procedures you should gather three categories of records:
-
Identity and entitlement documents
- Certified copy of the decedent’s death certificate (multiple certified copies are usually required).
- Your government ID (driver’s license or passport).
- Proof of your relationship or legal status as heir/beneficiary (examples: marriage certificate, birth certificate, adoption decree, divorce decree, or a copy of the will naming you beneficiary if one exists).
- If the decedent named a beneficiary (life insurance, retirement account, payable-on-death account), a copy of that beneficiary designation form helps establish entitlement.
-
The small-estate affidavit and supporting affidavits
- A signed, notarized small-estate affidavit (the document you submit to the bank or other custodian). The affidavit should list the decedent, state your entitlement, describe each asset, and state whether the asset is being transferred or delivered to you.
- Affidavits of heirship or statements from other heirs if the institution requires multiple signatures or confirmation of unanimous consent.
-
Asset-specific transfer records
For each asset, bring records that prove ownership and document how the transfer will occur. Common examples include:
- Bank and cash accounts: recent account statements, voided checks, bank letters that show account ownership. A bank may also require its own affidavit form or a certified copy of the small-estate affidavit.
- Brokerage and securities: account statements, stock certificates, transfer forms from the broker, and beneficiary designation documents.
- Life insurance and retirement accounts: policy declarations, beneficiary forms, and recent statements showing the contract number and beneficiary.
- Motor vehicles: the vehicle title, registration, lien-release documents, and the Arizona MVD transfer form or instructions. (See Arizona DOT title-transfer instructions at azdot.gov — transferring title.)
- Personal property of value (jewelry, instruments, collectibles): receipts, appraisals, photographs, bills of sale, or signed receipts showing delivery to the claimant.
- Real property: deed, title report, trust documents, or beneficiary or transfer-on-death deed. Important: Arizona small-estate procedures generally apply to personal property, not real estate. Transfers of real property usually require different steps (probate, transfer-on-death deed, or trustee action).
To prove that a specific transfer already occurred, bring direct evidence of the transaction:
- Copies of signed receipts or written acknowledgements from the entity that released the asset.
- Bank checks or electronic transfer confirmations showing funds were paid to or from the estate or claimant.
- Recorded deeds (for real estate) or recorded release documents.
- Cleared checks, deposit slips, wire transfer confirmations or online banking screenshots showing the credited amounts and dates.
Practically speaking, custodians (banks, brokerages, insurance companies, motor vehicle departments) vary in their exact requirements. Many will accept a properly completed, notarized small-estate affidavit with copies of the death certificate and documents proving entitlement; others will ask for additional proof or their own forms to be completed.
If an asset’s value or legal complexity is high or if heirs disagree, the institution may refuse to release the asset through the small-estate process and require opening a probate case in superior court.
Step-by-step practical checklist
- Order at least 3–5 certified copies of the death certificate from the funeral home or vital records office.
- Make a list of all known accounts and assets and identify the likely custodian or holder for each.
- Collect identity and entitlement documents (ID, marriage/birth/adoption records, will, beneficiary forms).
- Gather asset-specific records (recent statements, titles, policy declarations, receipts, appraisals).
- Prepare and notarize the small-estate affidavit (use a template or the institution’s required form if they provide one).
- Present the affidavit and copies of supporting documents to the custodian. Ask for a written receipt when they deliver funds or property.
- Keep originals safe but provide copies when possible; custodians normally keep copies and return originals on request.
Helpful hints
- Get multiple certified death certificates early—custodians will often keep a certified copy rather than return it.
- Ask each custodian in advance what specific documents and their required affidavit format are; follow their checklist to avoid delays.
- For vehicles, follow Arizona MVD procedures for title transfer: azdot.gov — transferring title.
- Small-estate procedures usually cover personal property. Do not assume real estate can be moved through the same process—check the deed and applicable statutes in A.R.S. Title 14 (A.R.S. Title 14).
- Keep a clear chain of documentation for transfers (who signed what and when). Signed receipts and bank confirmations are the strongest evidence of a completed transfer.
- If the estate appears contested, if creditors loom, or if asset values are large, consult a probate attorney—custodians may refuse to release assets until there is a court order.
- Retain copies of everything you submit and get written receipts from institutions when property or funds are turned over to you.
- Consider a short consultation with an attorney if you are unsure whether to use the small-estate procedure or open probate; a lawyer can confirm thresholds and whether real property is involved.