How Probate Works in Arizona

Does Arizona require probate?

Not always. Arizona offers multiple paths to transfer assets without full court-supervised probate, and recent legislation has expanded these options significantly.

As of 2025, estates with personal property under $200,000 can use a small estate affidavit. Real property with equity under $300,000 qualifies for a separate affidavit process. For larger estates, informal probate allows a court registrar (not a judge) to handle the appointment, minimizing court involvement.

---

What court handles probate in Arizona?

Probate in Arizona is handled by the Superior Court in the county where the deceased person lived. Maricopa County (Phoenix) and Pima County (Tucson) have dedicated probate divisions due to case volume.

Arizona does not impose a specific statutory deadline to open probate, but it should be filed promptly.

Arizona's probate system includes three levels of administration:

• Informal probate. Handled by a court registrar without a hearing. Used for uncontested estates.
• Formal probate. Requires a judge and court hearing. Used for contested estates or when there are disputes.
• Supervised administration. Full court oversight of every major decision. Rare, and only used when the court determines it is necessary to protect the estate or its beneficiaries.

---

Small estate threshold

Arizona dramatically increased its small estate affidavit thresholds in 2025 through House Bill 2116, making it one of the most generous states for simplified estate transfer.

Personal property affidavit

For personal property (bank accounts, vehicles, stocks, and other non-real-estate assets) valued at $200,000 or less (net of liens):

• At least 30 days must have passed since the death.
• No probate proceeding is pending.
• The claimant must be legally entitled to the property (as heir or beneficiary).
• All known debts and funeral expenses must be paid or accounted for.

Real property affidavit

For real property where the equity (market value minus mortgage balance) is $300,000 or less:

• At least six months must have passed since the death.
• No personal representative has been appointed.
• The affidavit must be recorded in the county where the property is located.

These thresholds were previously $75,000 for personal property and $100,000 for real property. The increase means far more Arizona estates can now avoid formal probate entirely.

---

Informal probate

Informal probate is the most common form of probate in Arizona for uncontested estates. It is an administrative process handled by a court registrar rather than a judge.

The process works as follows:

1. An interested party (typically the person named as personal representative in the will, or a close family member) files an application with the registrar.
2. The registrar reviews the application and, if it meets the requirements, appoints the personal representative and admits the will to probate.
3. The personal representative manages the estate: gathering assets, notifying creditors, paying debts, and distributing property.
4. No court hearings are required unless a dispute arises.

The personal representative must notify all heirs and beneficiaries within 30 days of appointment. Creditors generally have four months from the date of published notice to file claims.

If disputes arise at any point, the case can be converted to formal probate with full court oversight.

---

What if there is no will?

When someone dies without a will in Arizona, the estate follows the state's intestate succession laws. Because Arizona is a community property state, the rules differ depending on property type:

Community property:

• The surviving spouse inherits the deceased's one-half share of community property. (The surviving spouse already owns their own half.)

Separate property:

• Spouse and children (all shared). The surviving spouse inherits everything.
• Spouse and children from a prior relationship. The surviving spouse receives one-half of the separate property. The children divide the other half.
• Spouse, no children. The surviving spouse inherits everything.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.

For a broader overview, see our guide on handling an estate without a will.

---

What makes Arizona different?

Dramatically increased thresholds (2025)

Arizona's 2025 threshold increases (personal property from $75,000 to $200,000, real property equity from $100,000 to $300,000) are among the highest in the country for small estate affidavit procedures. Many Arizona estates that previously required probate can now be settled without court involvement.

Community property

Arizona is one of nine community property states. Property acquired during the marriage is owned equally by both spouses. The surviving spouse's half of community property is never part of the deceased's estate, which simplifies settlement for married couples.

Community property can also be held with a right of survivorship, which transfers the deceased's half automatically to the surviving spouse without probate.

No state estate or inheritance tax

Arizona has no state estate tax and no state inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Arizona.

---