What Are the Burial and Cremation Laws in Arizona?
Arizona allows you to name your own agent in advanceARS § 32-1365.01Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
Burial on private property is permittedARS § 36-325Verified Oct 17, 2026View source in Arizona. No Arizona statute bars burial on private property, but the registrar issues the disposition-transit permit for an interment only where the cemetery's location is recorded with the county recorder or lies on federal or tribal land (§ 36-326(I)), and no one may inter remains without that permit (§ 36-331(A)).
Arizona imposes no statutory minimum waiting periodARS § 32-1399Verified Oct 17, 2026View source before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. The authorizing agent's prior written consent (§ 32-1365.02), unless the decedent signed a written disposition statement (§ 32-1365.01). The county medical examiner must review the death certificate and certify that there is no evidence of foul play or violence (§ 11-599), and the crematory accepts remains only with a disposition-transit permit that names cremation (A.A.C. R9-19-308(B)(3)).
Arizona sets an order for who controls the disposition of remains: surviving spouse, then surviving parents of a minor decedent, then surviving adult childrenARS § 36-831(A)Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceARS § 32-1365.01Verified Oct 17, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.
Embalming is not required by lawARS § 36-325Verified Oct 17, 2026View source in Arizona. No Arizona law requires embalming, and embalming requires the authorizing agent's prior consent (§ 32-1365.02(B)). A funeral establishment must refrigerate or embalm a body if, within 24 hours after death, it cannot reach the person with authority over the arrangements or the body will not be buried or cremated (A.A.C. R9-9B-306(G)).
In Arizona, a licensed funeral director is not required — a family may legally direct the disposition itselfARS § 36-301Verified Oct 17, 2026View source. Arizona does not require a licensed funeral director: a family member in the § 36-831 order may file the death certificate and obtain the disposition-transit permit from the registrar directly (§§ 36-301(29), 36-325, 36-326). A crematory, however, cremates only through a licensed funeral establishment, so a cremation is arranged through one even when the family directs the rest (§ 32-1398(A)(1); A.A.C. R9-9B-405(A)).
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Learn moreForms for Planning and Settling an Estate in Arizona
Free Arizona forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Arizona, the petition asks the Superior Court to appoint the personal representative, whose authority is proved by Letters of Appointment of Personal Representative; an informal (registrar) track is availableA.R.S. § 14-3301Verified Sep 8, 2026View source.
Notice to Creditors
In Arizona, the notice to creditors is published for 3A.R.S. §§ 14-3801, 14-3803, 14-3804, 14-3805, 14-3806Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsA.R.S. § 14-3801Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Arizona, a person named as personal representative may renounce the right to serveA.R.S. § 14-3203(C), (E)Verified Sep 22, 2026View source before anyone is appointed.
Small Estate Affidavit
In Arizona, the Collection of Personal Property by AffidavitA.R.S. § 14-3971Verified Sep 8, 2026View source covers estates with personal property of $200,000A.R.S. § 14-3971Verified Sep 8, 2026View source or less, 30 daysA.R.S. § 14-3971Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Arizona, the personal representative files the estate inventory within 90 daysA.R.S. §§ 14-3706, 14-3707, 14-3708Verified Sep 15, 2026View source of appointment.
Estate Closing
In Arizona, the personal representative is discharged automatically once the statutory period runsA.R.S. §§ 14-3933(B), 14-3935Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Arizona, a will is signed before 2A.R.S. § 14-2502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyA.R.S. § 14-2502Verified Oct 18, 2026View source.
Tools for Planning and Settling an Estate in Arizona
Free calculators and checklists for planning or settling an estate in Arizona: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Arizona costs an estimated $27,670A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source. Attorney fees run 2.2%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source to 3.5%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Arizona, a surviving spouse takes the entire estateA.R.S. § 14-2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationA.R.S. § 14-2106Verified Sep 10, 2026View source.
How Much Are Estate & Inheritance Taxes?
Arizona levies no estate or inheritance taxNo state estate or inheritance tax. Arizona's estate and generation-skipping tax (A.R.S. Title 42, Chapter 4) was repealed outright by Laws 2006, Ch. 262, § 3 (S.B. 1170), retroactive to taxable years beginning after Dec. 31, 2005 — Title 42 has no Chapter 4 today. Arizona imposes no inheritance or gift tax (ADOR Publication 900).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Arizona imposes no inheritance or estate taxNo state estate or inheritance tax. Arizona's estate and generation-skipping tax (A.R.S. Title 42, Chapter 4) was repealed outright by Laws 2006, Ch. 262, § 3 (S.B. 1170), retroactive to taxable years beginning after Dec. 31, 2005 — Title 42 has no Chapter 4 today. Arizona imposes no inheritance or gift tax (ADOR Publication 900).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Arizona take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces state tax on the 75% of long-term gain left after a 25% exclusion, only for assets acquired after December 31, 2011A.R.S. § 43-1022(22)(c)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Arizona costs an estimated $27,670A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source to 3.5%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source of the estate. Estates under $200,000A.R.S. § 14-3971Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Arizona pays executors reasonable compensationA.R.S. § 14-3719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Arizona Estate Planning Resources
In-depth guides covering Arizona probate laws, trust requirements, and estate planning strategies.