The Arizona probate process moves an estate through one of several tracks depending on size and whether anyone is fighting: a small-estate affidavit for modest estates, informal probate when nothing is disputed, formal probate when a judge needs to decide something, and supervised probate when the court keeps its hand on the wheel throughout. Whichever track applies, the person in charge (the personal representative) has to inventory what the deceased owned, notify creditors, pay debts in a statutory order, and distribute what remains before the estate can be closed. Arizona’s probate rules live in Title 14 of the Arizona Revised Statutes.
Does the Estate Even Need Probate
Before opening a case, work out whether probate is required at all. Two things can keep an estate out of court: the estate is small enough for an affidavit, or the assets pass automatically outside probate.
Small Estate Affidavits
Arizona lets heirs collect a deceased person’s property by affidavit when the estate falls under set thresholds. For personal property (bank accounts, vehicles, investments), the total value minus debts secured by the property cannot exceed $200,000, and the affidavit can be used starting 30 days after death.1Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit; Ownership of Vehicles; Affidavit of Succession to Real Property
Real property has its own affidavit and a higher ceiling: the Arizona real estate in the estate, minus liens and encumbrances, cannot exceed $300,000, and the heir must wait at least six months after death before filing. In both cases funeral and last-illness costs must already be paid, no personal representative is appointed, and the person signing has to be legally entitled to the property.
Assets That Skip Probate Automatically
Some assets never enter the probate estate because they transfer at death by their ownership structure or beneficiary designation. The will has no authority over them, and the probate court has no authority over them.
- Joint tenancy with right of survivorship, whether the asset is a bank account, brokerage account, or real estate
- Payable-on-death bank accounts and transfer-on-death brokerage registrations
- Retirement accounts and life insurance with named beneficiaries
- Community property with right of survivorship, an option Arizona spouses can use to title assets so the survivor takes automatically
- Real property covered by a recorded beneficiary deed, which Arizona specifically authorizes; the deed must be signed and recorded before the owner dies and can be revoked during the owner’s lifetime2Arizona Legislature. Arizona Code 33-405 – Beneficiary Deeds; Recording; Definitions
If everything the deceased owned falls into one of these categories or under the affidavit thresholds, no probate case is needed at all.
The Three Types of Probate
When probate is required, Arizona offers three levels of court involvement. Which one applies turns on whether anyone is contesting the will, whether the personal representative needs oversight, and how complicated the estate is.
Informal Probate
Informal probate is the default when nobody is fighting. It’s the fastest and cheapest route. The process starts when an eligible person files an application with the probate registrar in the county where the deceased lived. Eligible applicants include the surviving spouse, adult children, parents, siblings, other heirs, or a person named as executor in the will.3Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings; Application; Contents If no family member or nominee steps forward within 45 days of death, a creditor may also apply.
If the registrar finds the application in order, they issue a statement of informal probate and appoint the personal representative without a hearing. From there the representative handles asset collection, debt payment, and distribution with minimal court involvement. If a dispute surfaces later, the case can shift into formal probate.
Formal Probate
Formal probate is for genuine disputes: questions about whether the will is valid, disagreements among heirs, or fights over who should serve as personal representative. Any interested person can start it by petitioning a judge to determine whether the deceased left a valid will, or to set aside a will already informally probated.4Arizona Legislature. Arizona Code 14-3401 – Formal Testacy Proceedings; Nature; When Commenced
Because a judge presides, all interested parties can present evidence, testify, and raise objections. Once the court enters a formal testacy order, that ruling is final as to all parties on the issues considered or that could have been considered.5Arizona Legislature. Arizona Code 14-3412 – Formal Testacy Proceedings; Effect of Order; Vacation Formal probate costs more and takes longer than informal, and delivers legal certainty informal probate cannot.
Supervised Probate
Supervised probate keeps the estate under continuous court authority from start to finish. Any interested person or the personal representative can petition for it, and the court will order supervision when the will directs it or when the court finds it necessary to protect beneficiaries.6Arizona Legislature. Arizona Code 14-3502 – Supervised Administration; Petition; Order
A supervised personal representative is accountable directly to the court and must follow any directions the court issues, whether on its own initiative or at the request of an interested party.7Arizona Legislature. Arizona Code 14-3501 – Supervised Administration; Nature of Proceeding Distributions, property sales, and claim settlements may need judicial approval before moving forward. The tradeoff is more attorney fees, more court filings, and a longer timeline.
What the Personal Representative Has to Do
The personal representative shepherds the estate through probate. Arizona treats the role as a fiduciary held to the same standard of care as a trustee, with a duty to act in the best interests of creditors and beneficiaries and settle the estate as efficiently as possible.8Arizona Legislature. Arizona Code 14-3703 – General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue Four tasks structure the work.
Take Control of the Assets
The representative has both a right and a duty to take possession of the deceased’s property, though real estate and tangible personal property can be left with the person presumptively entitled to it if the representative decides possession isn’t needed for administration.9Arizona Legislature. Arizona Code 14-3709 – Duty of Personal Representative; Possession of Estate; Discovery of Concealed Assets The representative holds the same power over estate property as an absolute owner would, held in trust for creditors and beneficiaries, and can exercise that power without a court hearing or order.10Arizona State Legislature. Arizona Code 14-3711 – Powers of Personal Representatives; In General That includes selling real estate, liquidating investments, and running business interests when necessary.
File the Inventory Within 90 Days
Within 90 days of appointment, the personal representative must prepare a detailed inventory of everything the deceased owned at death. Each item is listed with reasonable detail, its fair market value as of the date of death, whether it’s community or separate property, and any liens or encumbrances.11Arizona Legislature. Arizona Code 14-3706 – Duty of Personal Representative; Inventory and Appraisement Hard-to-value assets like real estate, closely held business interests, and collectibles often require a professional appraiser.
The inventory does not have to be filed with the court automatically. The representative can either file it or deliver a copy to each heir in an intestate estate, each beneficiary in a probated will, and any interested person who asks. If beneficiaries or creditors think the inventory is incomplete or wrongly valued, they can petition the court for review. Failing to disclose assets or submitting inaccurate values can result in removal or personal financial liability.
Notify Creditors
Arizona runs two notification tracks at once. The representative must publish notice in a newspaper of general circulation in the county, once a week for three consecutive weeks, announcing the appointment and telling creditors to submit claims within four months of first publication.12Arizona Legislature. Arizona Code 14-3801 – Notice to Creditors The published notice covers unknown creditors.
The representative must also send written notice by mail or delivery to every known creditor. Known creditors have until four months after the published notice or 60 days after their individual written notice, whichever is later. Claims filed after the applicable deadline are permanently barred.
Even if notice is never published, creditors can’t wait forever. All claims against a deceased person’s estate are barred no later than two years after the date of death, plus any time remaining in a notice period that was started.13Arizona Legislature. Arizona Code 14-3803 – Limitations on Presentation of Claims
Pay Debts in the Right Order
Before distributions to heirs, the representative settles debts and administrative expenses. When the estate can’t cover everything, Arizona sets a strict priority order:
- First, costs and expenses of administration
- Second, reasonable funeral expenses
- Third, debts and taxes with preference under federal law
- Fourth, medical and hospital expenses of the last illness
- Fifth, debts and taxes with preference under Arizona law
- Sixth, all other claims
No claim within the same class outranks another, and a debt already due doesn’t leapfrog one that hasn’t yet matured within the same class.14Arizona Legislature. Arizona Code 14-3805 – Priority of Claims
Distribute What’s Left
After debts, taxes, and expenses, the representative distributes remaining assets. If there’s a will, specific bequests (a particular piece of jewelry to a named person, for instance) are fulfilled first. If the estate can’t cover everything the will promised, Arizona applies a statutory reduction order: property not addressed in the will is used up first, then residuary gifts, then general gifts, and finally specific gifts.15Arizona Legislature. Arizona Code 14-3902 – Distribution; Order in Which Assets Appropriated; Abatement If the will expresses a different priority, the will controls. In supervised probate, the representative must get court approval before distributing.
Compensation and Personal Exposure
The representative is entitled to reasonable compensation. If the will sets a specific amount, the representative can accept it or renounce that provision and claim reasonable compensation instead.16Arizona Legislature. Arizona Code 14-3719 – Compensation of Personal Representative Arizona sets no fixed percentage. What’s reasonable depends on the estate’s size, complexity, and the actual work performed.
A representative who breaches fiduciary duty faces personal liability, removal, and a surcharge equal to the losses caused. Good-faith judgment errors aren’t automatically a breach, and a representative who relies on qualified accountants or attorneys generally isn’t personally liable for resulting losses. Self-dealing, neglect, or favoritism toward certain beneficiaries can create real financial exposure.
Closing the Estate
In unsupervised probate, the representative closes by filing a verified closing statement with the court no earlier than four months after the original appointment. The statement confirms the creditor claim period has expired, all claims and expenses have been addressed, and assets have been distributed to those entitled.17Arizona Legislature. Arizona Code 14-3933 – Closing Estates; Statement of Personal Representative
The representative also sends a copy of the closing statement to every person who received a distribution and to any creditor whose claim remains unpaid and unbarred. If any claims are still outstanding, the statement must explain how those liabilities are being handled. Once the statement is filed and no objections arise, the representative is discharged.
The Community Property Wrinkle
Arizona is a community property state, so most assets acquired during a marriage belong equally to both spouses. When one spouse dies, only the deceased spouse’s half of the community property enters probate. The surviving spouse already owns the other half outright.
If the couple titled community assets with right of survivorship, the survivor’s ownership continues automatically, bypassing probate. Community property without that survivorship feature does go through probate for the deceased’s half. Separate property (owned before the marriage, or received as a gift or inheritance during it) belongs entirely to the spouse who owns it and passes through that spouse’s estate.
The line between community and separate matters for debts too. Community debts are charged against community property. Separate debts are charged against separate property and the balance of the deceased spouse’s half of community property. Administrative expenses are allocated proportionally between the two categories.15Arizona Legislature. Arizona Code 14-3902 – Distribution; Order in Which Assets Appropriated; Abatement
When There’s No Will
If the deceased died without a valid will, Arizona’s intestacy statutes decide who inherits. The surviving spouse’s share depends on whether the deceased had children from another relationship. If all surviving children are also children of the surviving spouse, or if there are no children at all, the surviving spouse takes the entire intestate estate.18Arizona Legislature. Arizona Code 14-2102 – Intestate Share of Surviving Spouse If the deceased had children from a prior relationship, the surviving spouse receives half of the intestate separate property and no interest in the deceased’s half of community property.
Whatever doesn’t go to the surviving spouse passes to descendants first. If there are no descendants, it goes to parents, then siblings, then grandparents and their descendants, radiating outward through the family tree.19Arizona Legislature. Arizona Code 14-2103 – Heirs Other Than Surviving Spouse; Share in Estate These rules apply only to the probate estate. Assets with beneficiary designations or survivorship features pass outside intestacy regardless of family relationships.
Out-of-State Property
An Arizona-appointed personal representative doesn’t automatically have authority over real property the deceased owned in another state. A separate proceeding, called ancillary probate, has to be opened where the property sits. The Arizona will is submitted to that state’s court, and if it’s valid under local law, the court admits it and authorizes transfer.
The reverse applies when a non-Arizona resident owned Arizona real estate: an ancillary probate may need to be opened here to transfer it. Ancillary proceedings add cost and time, which is one reason Arizona estate planners often use beneficiary deeds or living trusts to keep out-of-state real property out of probate altogether.
Federal Estate Tax
Most Arizona estates owe no federal estate tax, but the representative still has to evaluate whether a return is required. For individuals dying in 2026, the federal basic exclusion is $15,000,000, and a married couple can effectively shelter up to $30,000,000 combined through portability of the unused exclusion.20Internal Revenue Service. What’s New – Estate and Gift Tax
When a return is required, IRS Form 706 is due within nine months of the date of death. A six-month extension is available if requested before the original deadline and the estimated tax is paid on time.21Internal Revenue Service. Filing Estate and Gift Tax Returns Arizona imposes no separate estate or inheritance tax, so federal is the only estate-level tax layer.