Affidavit of Heirship in Arizona
Whether Arizona lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Arizona has no general affidavit of heirship, but it has a statutory Affidavit of Succession to Real Property for small real estate holdings. A.R.S. § 14-3971
| Affidavit / determination of heirship | Arizona has no general affidavit of heirship, but it has a statutory Affidavit of Succession to Real Property for small real estate holdings. Six months after death, if no personal representative has been appointed and the Arizona real estate, less liens, is worth no more than $300,000 (by assessed full cash value), the successors can file the affidavit with the superior court; a certified copy is then recorded with the county recorder where the property is located. Larger estates require probate. Re-verified 2026-10-27. Source: A.R.S. § 14-3971 |
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| Who inherits without a will | The surviving spouse takes the decedent's entire intestate estate (separate property and the decedent's half of the community property) if there are no descendants or if all descendants are also the spouse's. If any descendant is not the spouse's, the spouse takes half of the separate property and none of the decedent's half of the community property. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants. Re-verified 2026-10-27. Source: A.R.S. §§ 14-2102, 14-2103 |
More Arizona estate law
- Medical Power of Attorney in Arizona
- Small Estate Affidavit in Arizona
- Power of Attorney in Arizona
- Quitclaim Deeds and Transferring Property in Arizona
- Who Inherits If You Die Without a Will in Arizona
- How to Make a Valid Will in Arizona
- How Probate Works in Arizona
- Living Wills and Advance Directives in Arizona
- Revocable Living Trusts in Arizona
- Executor Duties in Arizona
- Letters Testamentary in Arizona
- How to Avoid Probate in Arizona
- All Arizona wills, probate and estate rules
FAQ
Does Arizona have an affidavit of heirship?
Arizona has no general affidavit of heirship, but it has a statutory Affidavit of Succession to Real Property for small real estate holdings. Six months after death, if no personal representative has been appointed and the Arizona real estate, less liens, is worth no more than $300,000 (by assessed full cash value), the successors can file the affidavit with the superior court; a certified copy is then recorded with the county recorder where the property is located. Larger estates require probate.
Who inherits if someone dies without a will in Arizona?
The surviving spouse takes the decedent's entire intestate estate (separate property and the decedent's half of the community property) if there are no descendants or if all descendants are also the spouse's. If any descendant is not the spouse's, the spouse takes half of the separate property and none of the decedent's half of the community property. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.