When someone passes away, their family often has to deal with probate — the legal process of transferring assets, paying debts, and ensuring everything in the estate is handled correctly.
But here’s some good news: in Tucson, small estates may be able to avoid full probate altogether. Let’s look at how that works and what options are available under Arizona law.
🏠 What Is Considered a “Small Estate” in Arizona?
In Arizona, an estate may qualify as “small” if its total value is below certain limits:
- Personal property: $75,000 or less (includes bank accounts, vehicles, and personal belongings)
- Real property (real estate): $100,000 or less in total value
If the estate falls within these limits, the family can use simplified procedures instead of going through a lengthy probate process.
📋 How Small Estates Can Avoid Probate in Tucson
Arizona law allows heirs to transfer assets using affidavits — simple legal documents — instead of filing for probate.
Here’s how:
- Small Estate Affidavit for Personal Property – Heirs can claim money, vehicles, or valuables 30 days after death.
- Affidavit for Transfer of Real Property – For real estate worth less than $100,000, heirs can transfer ownership six months after death.
These forms must be notarized and include a death certificate and proof of ownership.
💡 Simple Ways to Avoid Probate Altogether
If you’re planning ahead, you can set up your estate so your loved ones can skip probate completely. Common strategies include:
- Creating a living trust – Assets placed in a trust go directly to beneficiaries without court involvement.
- Adding payable-on-death or transfer-on-death designations – For bank accounts, vehicles, and property.
- Owning property jointly with right of survivorship – Ownership automatically transfers to the surviving person.
- Naming beneficiaries – For insurance policies and retirement accounts.
These options make it easier for your family to handle your affairs without delays or legal fees.
⚖️ When to Get Professional Help
Even with small estates, legal details can be confusing. If the deceased owned real estate, had debts, or there are questions about who inherits what, it’s wise to get help from a local estate attorney or real estate professional.
They can help ensure the property is transferred properly and that everything complies with Arizona probate laws.
👨💼 Talk to a Tucson Real Estate Expert
If you’re handling a loved one’s property or planning your own estate, Ryan Comstock can guide you through the process. He understands Tucson’s local market and can help you make smart, stress-free decisions.
📞 Phone: 520-261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: www.ryancomstock.com