In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Arizona, the law provides a simplified process for administering small estates that meet certain criteria. If the value of the personal property in the estate is $75,000 or less, and at least 30 days have passed since the decedent's death, the successors may use a small estate affidavit to collect the property without going through formal probate. For real property, the threshold is $100,000 in equity, and a similar affidavit process can be used if six months have passed since the decedent's death. These thresholds are based on the fair market value of the property less liens and encumbrances. The small estate affidavit process requires the successor to swear to the affidavit's statements before a notary and present it to the entity holding the assets. For real property, the affidavit is recorded with the county recorder where the property is located. It's important to note that these values and procedures are subject to change, so it's advisable to consult with an attorney or review the most current Arizona statutes for up-to-date information.