HB 2116
Initials PB Page 1 Signed by the Governor
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: COM DPA 10-0-0-0 | 3
rd
Read 53-6-1-0
Senate: FIN DP 7-0-0-0 | 3
rd
Read 25-0-4-0
Chapter: 24
HB 2116: small estate; affidavit; limits
Sponsor: Representative Carter N, LD 15
Signed by the Governor
Overview
Increases the monetary cap on the decedent's personal and real property that can be
recovered by an affidavit.
History
Thirty days after the decedent's death, a successor to the decedent's estate may recover
property by presenting an affidavit to a person indebted to the decedent or who has tangible
personal property or an instrument evidencing an obligation to the decedent. The affidavit
must state that:
1) 30 days have elapsed since the death of the decedent;
2) the value of the estate's personal property does not exceed $75,000 as of:
a) the date of death, and no pending petition for the appointment of a personal
representative nor has a representative been appointed in any jurisdiction; or
b) the date of the affidavit, and the personal representative has been discharged or more
than one year has elapsed since a closing statement has been filed;
3) the claiming successor is entitled to payment or delivery of the property; and
4) the funeral expenses and expenses of the last illness of the decedent have been paid.
Not sooner than six months after the decedent's death, a person claiming as successor to the
decedent's interest in real property may file in the applicable court an affidavit describing
the real property and the interest of the decedent in such property. The affidavit must state
that:
1) 6 months have elapsed since the death of the decedent;
2) the value of all real property in the decedent's estate located in this state does not exceed
$100,000 as of:
a) the date of death, and no pending petition for the appointment of a personal
representative nor has a representative been appointed in any jurisdiction; or
b) the date of the affidavit, and the personal representative has been discharged or more
than one year has elapsed since a closing statement has been filed;
3) funeral expenses, expenses of the last illness and all unsecured debts of the decedent have
been paid;
4) the person or persons signing the affidavit are entitled to the real property by reason of
the allowance in lieu of homestead;
5) no other person has a right to the interest of the decedent in the described property; and
6) no federal estate tax is due on the decedent's estate.(A.R.S. § 14-3971)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2116
Initials PB Page 2 Signed by the Governor
Provisions
1. Increases the limit of the value of all personal property in a decedent's estate that can be
claimed by a successor of a decedent through an affidavit, from $75,000 to $200,000. (Sec.
1)
2. Increases the limit of the value of all real property in a decedent's estate that can be
claimed by a successor of a decedent through an affidavit, from $100,000 to $300,000.
(Sec. 1)