Arizona uses the Uniform Probate Code, which gives families one of the most flexible probate systems in the country — including informal probate (handled administratively, no judge required), formal probate (full court supervision), and supervised administration. This guide explains every path.
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Does Arizona Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Beneficiary Deed (Arizona's version of a transfer-on-death deed), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and community property with right of survivorship between spouses.
The Three Types of Arizona Probate
- Informal probate: Arizona's default. Handled by the Probate Registrar (an administrative official, not a judge). The personal representative is appointed quickly, administers the estate without ongoing court supervision, and closes informally.
- Formal probate: Required when the will is contested, when there are multiple wills, when the heirs are unknown, or when other complications require a judge's involvement. A judge supervises specific decisions.
- Supervised administration: Available on request or by court order when intensive supervision is needed. Every significant action requires court approval.
Small Estate Affidavits — Newly Expanded Limits
Arizona significantly raised its small estate thresholds effective September 26, 2025 under House Bill 2116 (A.R.S. § 14-3971), and the new limits apply to any affidavit filed on or after that date, regardless of when the death occurred:
| Asset Type | Current Limit | Waiting Period |
|---|---|---|
| Personal property | $200,000 (up from $75,000) | 30 days after death |
| Real estate equity | $300,000 (up from $100,000) | 6 months after death |
For personal property, heirs sign an affidavit and present it directly to the institution holding the asset. For real estate, the affidavit is recorded with the County Recorder to transfer title. Both procedures avoid formal probate entirely, and the higher limits mean significantly more Arizona estates now qualify than before September 2025.
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See the full checklist →How to Open Informal Probate in Arizona
- File an Application for Informal Probate of Will (or for Informal Appointment of Personal Representative if there is no will) in the Superior Court of the county where the deceased was domiciled.
- The application is reviewed by the Probate Registrar — usually within a few business days.
- If approved, the Registrar issues Letters of Personal Representative — your official authority over the estate.
- Notify heirs and devisees within 30 days of appointment.
Community Property in Arizona
Arizona is a community property state. Property acquired during marriage is presumed to be owned 50/50 by both spouses regardless of whose name is on the title. When one spouse dies, the surviving spouse already owns half — only the deceased's half is subject to probate.
Arizona spouses can also hold community property with right of survivorship, which causes the deceased's half to vest automatically in the survivor without probate. Modern Arizona deeds for spousal real estate often include this designation.
Creditor Claims in Arizona
Arizona requires the personal representative to publish a Notice to Creditors. Creditors then have 4 months from the date of first publication to file claims. Direct notice to known creditors triggers a separate 60-day claim window for those creditors.
Intestacy in Arizona
If there is no will, Arizona's intestacy statute applies. For community property, the surviving spouse generally inherits the deceased's half. For separate property: if all descendants are also descendants of the surviving spouse, the spouse inherits everything. If the deceased has children from outside the marriage, the spouse takes none of the separate property and the descendants take it all.
Pro tip
Arizona's spouse-vs-children intestacy split for separate property is unusual: the surviving spouse gets none of the deceased's separate property if there are children from another relationship. This catches many blended families by surprise. If this is your situation, talk to a probate attorney early.
Arizona Has No State Estate or Inheritance Tax
Arizona repealed its estate tax in 2005 and has no inheritance tax. Only the federal estate tax applies, and as of 2026 the federal exemption is $15 million per person ($30 million for a married couple), made permanent by the One Big Beautiful Bill Act signed into law in July 2025 — so the vast majority of Arizona estates owe no estate tax of any kind.
You're reading about probate in Arizona. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Arizona may change. Consult a licensed Arizona attorney for guidance specific to your situation.