Informal Probate in Arizona: Application, Bond, and Closing

Informal probate in Arizona lets you settle a deceased person’s estate through a court registrar rather than a judge, using paperwork instead of hearings. It works when no one contests the will or the choice of personal representative, and it cannot begin until at least 120 hours (five days) after the decedent’s death.¹

When Informal Probate Is the Right Track

The informal process is built for uncontested estates. If every heir or devisee agrees on who should serve as personal representative, no one challenges the will’s validity, and the application satisfies every statutory requirement, the registrar can approve it without a hearing.

Formal probate is required when disputes arise. A judge or commissioner has to step in if someone contests the will, challenges the appointment of a personal representative, or raises questions about whether the decedent was competent when signing. Formal proceedings are also required whenever the registrar cannot make the findings needed to approve the informal application. Even after informal probate has started, any interested person can petition the court to convert the case to a formal proceeding if problems surface.

Check the Small Estate Affidavit First

Before opening any probate case, see whether the estate qualifies for Arizona’s small estate affidavit. If the decedent’s personal property (bank accounts, vehicles, investments) totals $200,000 or less after debts and liens, successors can collect that property by presenting an affidavit directly to whoever holds it. The affidavit cannot be used until at least 30 days after the death, and no probate case can be pending or previously opened.²

Real property has its own affidavit. If the decedent’s Arizona real estate is worth $300,000 or less after liens and encumbrances, successors can file an affidavit with the court at least six months after the death. Value is based on the county assessor’s full cash value for the year the decedent died.²

If the estate exceeds either threshold or the situation is more complicated, informal probate is usually the next step.

Who Has Priority to Serve as Personal Representative

Arizona law ranks who may serve, and that hierarchy governs both informal and formal cases. The person named in a probated will holds the highest priority, along with anyone nominated through a power granted in the will. Below that, priority runs in this order:³

A surviving spouse who is a devisee under the will.
Other devisees named in the will.
A surviving spouse who is not a devisee.
Other heirs who would inherit under Arizona’s intestacy laws.
The Department of Veterans’ Services, when the decedent was a veteran or the spouse or child of a veteran.
Any creditor, starting 45 days after the death, except a funeral director who has control of the remains.
The public fiduciary, as a last resort.

If the decedent lived in another state, a personal representative already appointed there has priority over nearly everyone on this list. The exception is a will that names different people to serve in Arizona and in the home state.³

What the Application Must Contain

The application goes to the court registrar, and you verify under oath that everything in it is accurate and complete to the best of your knowledge. That verification subjects you to the court’s jurisdiction for fraud or perjury proceedings if the information turns out to be false.⁴

Every application includes:

Your interest in the estate, whether as a family member, devisee, or will nominee.
The decedent’s full name, date of death, age, and county and state of residence at the time of death.
The names and addresses of the spouse, children, heirs, and devisees, with ages for any minors.
Whether a personal representative has already been appointed in Arizona or elsewhere.
Whether you have received or know of any demand for notice of probate or appointment proceedings.

If the decedent did not live in Arizona, the application must also establish that Arizona is the proper venue.⁴

If There Is a Will

The original will must either already be on file with the court or accompany the application. A certified copy is acceptable if the will was probated in another state. You must confirm that, to the best of your knowledge, the will was properly executed and has not been revoked.⁴

If There Is No Will

The application must state that, after reasonable diligence, you are unaware of any unrevoked will or other testamentary document relating to property in Arizona. If you do know of such a document, you must explain why it is not being probated.⁴

Whether You Have to Post a Bond

Arizona generally requires the personal representative to post a surety bond to protect the estate and its beneficiaries. The bond is waived in several common situations:⁵

The will expressly waives the bond requirement.
All beneficiaries waive it in writing. If there is no will, all heirs can file the waiver; if the will does not address bond, all devisees can.
The representative is a bank, a trust company, a title insurance company authorized in Arizona, or the public fiduciary.
The estate qualifies for summary procedures and the surviving spouse (or the spouse’s nominee) is the applicant.

Even after an initial waiver, any interested person can petition the court for a bond by showing that their interest in the estate is at risk. If an estate started under summary procedures but the inventory later shows it does not qualify, the personal representative must promptly post a bond unless another exception applies.⁵

What the Personal Representative Does After Appointment

Once appointed, you have broad authority to manage the estate: retain or sell assets, invest liquid funds prudently, repair buildings, enter leases, and settle or refuse the decedent’s contractual obligations. These powers can be restricted by the will or by court order, and you must act reasonably for the benefit of all interested persons.⁶

Notice to Creditors

Immediately after appointment, publish a notice to creditors once a week for three consecutive weeks in a newspaper of general circulation in the county. The notice announces the appointment, gives your address, and tells creditors they have four months from the date of first publication to present their claims or lose them permanently.⁷

Known creditors also need individual notice by mail or delivery. Once given individual notice, a known creditor has the later of four months after the published notice or 60 days after their individual notice to present a claim.⁷

Whether or not notice was published, all pre-death claims are absolutely barred two years after the decedent’s death.⁸ Skipping the creditor notice is a frequent mistake. Without it, the four-month claims window never starts, and creditors can surface long after you thought the estate was settled.

Taxes

The estate needs its own Employer Identification Number, available from the IRS online at no charge. If estate assets generate more than $600 in annual income, file a federal income tax return for the estate on Form 1041. If the decedent operated a business, obtain a separate EIN for that business and handle its wage reporting and tax obligations apart from the estate.⁹

Distribute carefully. A personal representative who distributes assets before paying debts and taxes can be held personally liable. Under federal law, if you know or should know about a tax debt and distribute assets anyway, personal liability extends up to the amount improperly distributed, and paying state or local taxes ahead of federal ones can leave you on the hook for the unpaid federal amount.⁹

Closing the Estate

You can close an informal probate no earlier than four months after your appointment. Closing requires a verified statement filed with the court confirming that:¹⁰

The creditor claims deadline has expired.
All presented claims, administrative expenses, and taxes are paid or otherwise resolved.
Assets have been distributed to the people entitled to them.
A copy of the closing statement and a full accounting have been sent to all distributees and to any creditors whose claims are not yet paid or barred.

If any claims remain unresolved at closing, the statement must describe the arrangements, such as distributees accepting their shares subject to potential liability. One year after the closing statement is filed, your appointment automatically terminates as long as no court proceedings involving you are pending.¹⁰

Costs and Timeline

Court filing fees for an informal probate application vary slightly by county but generally run roughly $300 to $400 for the initial filing. Publishing the creditor notice adds a cost that depends on the newspaper’s advertising rates. If a bond is required, the premium depends on the estate’s value and the bonding company.

Most informal probate cases in Arizona take about six to eight months from filing to closing. The four-month creditor claims period sets the floor, since you cannot close before it runs. Estates with complicated assets, tax questions, or late-surfacing creditors take longer. The process moves fastest when the will waives bond, beneficiaries cooperate, and the debts are straightforward.

1
Arizona Legislature. Arizona Code 14-3302 – Informal Probate Duty of Registrar
2
Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit
3
Arizona Legislature. Arizona Code 14-3203 – Priority Among Persons Seeking Appointment as Personal Representative
4
Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings Application Contents
5
Arizona Legislature. Arizona Code 14-3603 – Bond Required Exceptions
6
Arizona Legislature. Arizona Code 14-3715 – Transactions Authorized for Personal Representatives
7
Arizona Legislature. Arizona Code 14-3801 – Notice to Creditors
8
Arizona Legislature. Arizona Code 14-3803 – Limitations on Presentation of Claims
9
Internal Revenue Service. Responsibilities of an Estate Administrator
10
Arizona Legislature. Arizona Code 14-3933 – Closing Estates Statement of Personal Representative