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Arizona Probate Guide

Probate in Arizona

Probate is typically required in Arizona when the total estate exceeds $200,000. The process typically takes 6-18 months from filing to final distribution.

Probate Threshold

$200,000

Estate value triggering probate

Average Timeline

6-18 months

Filing to final distribution

Attorney Fees Start At

$3,500+

Minimum for a simple estate

What Is Probate in Arizona?

Probate is the court-supervised legal process for settling a deceased person's estate — validating the will (if one exists), inventorying assets, paying outstanding debts and taxes, and legally transferring property to heirs and beneficiaries. In Arizona, the probate court has jurisdiction over this process whenever assets are titled solely in the name of the deceased without a designated beneficiary or joint owner.

Arizona has adopted the Uniform Probate Code (UPC), which offers both formal and informal administration through the Superior Court. Most straightforward estates use the faster informal process, which requires less court involvement when heirs are in agreement.

The Arizona Probate Process

1

Open the estate with the court

The executor named in the will — or a court-appointed administrator if there is no will — files a petition to open probate. The court admits the will to probate (if valid) and issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.

2

Inventory and appraise all assets

The executor identifies and values every asset owned by the deceased: bank accounts, real estate, investments, retirement accounts, vehicles, business interests, and personal property. In Arizona, the inventory is typically due within 90 days of the executor's appointment.

3

Notify creditors and pay debts

Notice to creditors is published in a local newspaper, and known creditors are notified directly. In Arizona, creditors have 4 months from first publication or 60 days from notice to file claims. Valid debts — including mortgages, credit cards, medical bills, and funeral expenses — are paid from estate assets before any distribution to heirs.

4

File and pay taxes

The estate may owe a final income tax return, an estate income tax return, and potentially estate or inheritance taxes. Arizona does not impose a state estate tax or inheritance tax, which simplifies this step.

5

Distribute assets and close the estate

After all debts and taxes are paid, the executor distributes remaining assets to the beneficiaries named in the will — or, if there is no will, according to Arizona intestate succession law. A final accounting is filed with the court and the estate is formally closed.

The full process takes 6-18 months in Arizona for a straightforward estate. Contested wills, creditor disputes, or complex assets can extend this significantly.

Attorney Fees for Arizona Probate

Arizona Attorney Fee Structure

Hourly rate; UPC state with simplified informal procedures; no statutory fee schedule

For most Arizona estates, attorney fees start at $3,500 and increase substantially for estates that include real estate, business interests, multiple heirs, or contested issues. Court filing fees and appraiser costs are separate from attorney fees.

Executor Bond Requirement

Not required in informal administration unless will requires or court orders

Who Inherits Without a Will in Arizona?

If no descendants, or if all descendants are also spouse's: spouse gets the entire estate — all separate property plus decedent's full community-property share. If one or more descendants are not the spouse's: spouse gets only half of separate property and no interest at all in decedent's community-property share, which passes instead to those descendants

If the deceased did not leave a valid will, Arizona's intestate succession laws determine who inherits — which may not reflect the deceased's actual wishes. A valid will overrides these default rules entirely.

Arizona Estate & Inheritance Tax

No state estate tax; no inheritance tax

Small Estate Options in Arizona

Affidavit for personal property under $200,000 (30+ days after death); affidavit of succession for real property under $300,000 (6+ months after death) — both raised from $75,000/$100,000 by HB 2116, effective September 26, 2025

Small estate procedures can dramatically reduce costs and processing time — but only for qualifying estates. Consult a probate attorney to determine if the estate qualifies.

More Arizona Probate Resources

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