Arizona Probate Process: Steps, Costs & Small Estate Affidavit

When someone dies in Arizona, their property has to get from their name into the hands of the people entitled to it. Probate is the court-supervised process that makes that happen — validating the will (if there is one), appointing a personal representative, paying creditors, and distributing what remains. In the Phoenix metro, probate cases are handled by the Maricopa County Superior Court, primarily through its probate departments at the downtown Phoenix courthouse and the Southeast regional facility in Mesa.

The good news for most families: Arizona probate is far less painful than its reputation suggests, and thanks to a 2025 change in the law, a large share of estates now avoid it entirely. This guide walks through when probate is required, how the small estate affidavit works after House Bill 2116, the difference between informal and formal probate, what it all costs, and how long it takes.

When Is Probate Required in Arizona?

Probate is only necessary for assets the decedent owned in their sole name that have no built-in transfer mechanism. Many common assets bypass probate automatically, including:

• Joint tenancy with right of survivorship — the surviving co-owner takes title by operation of law
• Community property with right of survivorship — common for married couples' homes in Arizona
• Beneficiary designations — life insurance, IRAs, 401(k)s, and payable-on-death bank accounts
• Beneficiary deeds — Arizona real estate can pass outside probate via a recorded beneficiary deed under A.R.S. § 33-405
• Living trusts — assets titled to a properly funded revocable trust are administered privately by the trustee

What is left over — a solely titled house without a beneficiary deed, an individual bank or brokerage account with no POD designation, vehicles, business interests — is the probate estate. Whether you need a full court proceeding for those assets depends on their value.

The Small Estate Affidavit: Arizona's Probate Shortcut Got Much Bigger in 2025

The small estate affidavit under A.R.S. § 14-3971 lets heirs collect property without opening a probate case at all. It comes in two flavors, each with its own waiting period and value cap:

Affidavit for Collection of Personal Property

If the total value of the decedent's personal property — bank accounts, vehicles, wages, tangible property — is $200,000 or less, the person entitled to it can present a sworn affidavit to the bank, employer, or the Arizona MVD at least 30 days after death. The institution must turn over the asset to the affiant. No judge, no hearing, no personal representative. For vehicles, the MVD has its own affidavit form and will retitle the vehicle directly.

Affidavit of Succession to Real Property

If the decedent's interest in Arizona real estate is worth $300,000 or less in equity (assessed value minus liens, valued as of the date of death), the heir or devisee can file an affidavit of succession with the Superior Court in the county where the property sits — for Phoenix-area property, Maricopa County Superior Court — no sooner than six months after death. Once the court certifies the affidavit, a certified copy is recorded with the county recorder and title passes. Funeral expenses and all unsecured debts must be paid first, and no personal representative may be pending or appointed.

Under the higher 2025 limits, a family whose main asset is a modest home with a mortgage — a very common Phoenix scenario, from Maryvale to Laveen to older parts of Mesa — can often handle the entire estate with one affidavit and a recording fee instead of a year of probate.

Informal vs. Formal Probate

When the estate exceeds the § 14-3971 limits, Arizona offers two main tracks:

Informal probate is the default for uncontested estates and covers the vast majority of Arizona probates. There is no hearing and no judge involved in routine steps: the probate registrar reviews the application, admits the will (or confirms intestacy), and appoints the personal representative, who then administers the estate with minimal court supervision. If the named personal representative lives out of state or the family prefers a professional, licensed fiduciaries can serve.

Formal probate is a judge-supervised proceeding used when something is contested or unclear — a will contest, doubts about which of two wills controls, missing heirs, or disputes over who should serve as personal representative. Formal probate involves noticed hearings and can escalate to full supervised administration, where the court must approve major transactions and the final distribution.

The Arizona Probate Process, Step by Step

1. Locate the will and death certificate. The original will matters; Arizona recognizes self-proved wills, which streamline admission.
2. File the application. The applicant (usually the nominated personal representative) files an application for informal probate and appointment with the Superior Court in the county where the decedent lived — Maricopa County for most Phoenix-metro deaths.
3. Registrar appoints the personal representative. The court issues letters of appointment — the document banks and title companies will ask for. First-time non-licensed personal representatives must complete the Arizona Supreme Court's required training module.
4. Notify heirs, devisees, and creditors. Known creditors get direct notice; unknown creditors are covered by publication. Creditors then have four months from first publication to present claims under A.R.S. § 14-3803, or the claims are barred.
5. Inventory and manage assets. Within 90 days, the personal representative prepares an inventory and appraisement of estate assets, keeps property insured, and manages or liquidates assets as needed.
6. Pay debts, expenses, and taxes. Arizona has no state estate or inheritance tax, but final income tax returns are still due, and valid creditor claims, family allowances, and administration expenses are paid in statutory order of priority.
7. Distribute and close. After the claim period runs and debts are paid, the personal representative distributes the remaining assets per the will or the intestacy statutes and typically closes the estate with a sworn closing statement rather than a formal hearing.

What Does Probate Cost in Arizona?

Unlike California, Arizona does not set attorney fees as a percentage of the estate. Both the personal representative and the estate's attorney are entitled to reasonable compensation under A.R.S. § 14-3719, paid from estate funds — and family members serving as personal representative frequently waive their fee.

How Long Does It Take?

The four-month creditor claim window is the hard floor, so even the smoothest informal probate in Maricopa County realistically takes six months to a year from filing to closing. Add time for real estate sales, tax filings, or hard-to-value assets. Formal, contested probates routinely run one to two years or more. The small estate affidavit compresses all of this to 30 days (personal property) or six months (real property) after death.

Dying Without a Will: Arizona Intestate Succession

If there is no valid will, A.R.S. § 14-2102 controls who inherits. The surviving spouse takes the entire intestate estate if all of the decedent's descendants are also descendants of the surviving spouse — the typical long-married-couple scenario. But in blended families, the split changes: if the decedent had children from another relationship, the surviving spouse takes one-half of the decedent's separate property and none of the decedent's half of the community property, with the rest passing to the decedent's descendants. With no spouse or descendants, the estate moves outward to parents, then siblings, under the succession ladder in Title 14, Chapter 2.

Do You Need a Probate Attorney?

Arizona lets personal representatives proceed without counsel, and the Maricopa County Superior Court's Law Library Resource Center publishes excellent self-service probate packets. A do-it-yourself informal probate can make sense for a small, harmonious family and a simple estate. Consider hiring one of the experienced Arizona probate attorneys in our directory when any of these are true: the estate holds real property above the affidavit limits, there are creditors or potential insolvency, heirs disagree or a will contest is brewing, a beneficiary is a minor or has special needs, or the decedent owned a business. The personal representative is a fiduciary who can be held personally liable for mistakes — professional guidance is usually money well spent from the estate, not your pocket.

Frequently Asked Questions