Is there a Small Estate Exception to Avoid Arizona Probate?
Yes. In certain circumstances, an Arizona probate may not be required to obtain property or change title to the decedent’s property. These circumstances are (i) the decedent’s employer owes wages, salary or other compensation to the decedent of less than $5,000 and the decedent’s spouse seeks the money, (ii) the value of the personal property of the estate less liens and encumbrances is less than $50,000, and (iii) the value of the real property of the estate located in Arizona less liens and encumbrances thereon is less than $75,000. A.R.S. 14-3971. This small estate probate exemption cannot be used until thirty days after the decedent’s death, except in the case of the spouse of a decent who seeks the deceased’s compensation.
Yes. In certain circumstances, an Arizona probate may not be required to obtain property or change title to the decedent’s property. These circumstances are (i) the decedent’s employer owes wages, salary or other compensation to the decedent of less than $5,000 and the decedent’s spouse seeks the money, (ii) more than 30 days has passed since the death and the value of the personal property of the estate less liens and encumbrances is less than $50,000, or (iii) more than six months has passed since the death and the value of all of the real property of the estate located in Arizona less liens and encumbrances thereon is less than $75,000. A.R.S. 14-3971. In determining the value of real property for the small estate exemption, the value of the decedent’s interest in the real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property
