When Is Probate Required in Arizona?
In Arizona, estates with personal property of $200,000A.R.S. § 14-3971Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitA.R.S. § 14-3971Verified Sep 8, 2026View source, 30 daysA.R.S. § 14-3971Verified Sep 8, 2026View source after death.
Arizona allows estates with personal property of $200,000A.R.S. § 14-3971Verified Sep 8, 2026View source or less to use the Collection of Personal Property by AffidavitA.R.S. § 14-3971Verified Sep 8, 2026View source, which avoids full probate administration. The Collection of Personal Property by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 daysA.R.S. § 14-3971Verified Sep 8, 2026View source after death.
Arizona sets a separate limit of $300,000 for real property. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probateA.R.S. 33-405Verified Oct 17, 2026View source in Arizona. The Arizona trust vs. will comparison sets the two routes side by side.
In Arizona, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deedA.R.S. 33-405Verified Oct 17, 2026View source, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Arizona, a simple estate typically takes 4 months to 6 months through probate, and an average estate 6 months to 9 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 4 monthsA.R.S. § 14-3801Verified Sep 8, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Arizona are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estateA.R.S. 33-405Verified Oct 17, 2026View source, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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Death of a Parent
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Learn moreForms for Settling an Estate in Arizona
Free forms for settling an estate in Arizona: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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.
Tools for Settling an Estate in Arizona
Free tools for settling an estate in Arizona: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Arizona, certified death certificates come from the Arizona Department of Health Services - Bureau of Vital RecordsArizona Department of Health Services - Bureau of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $20Arizona Department of Health Services - Bureau of Vital RecordsVerified Oct 15, 2026View source.
Do I Have to File Tax Returns for Someone Who Died?
Arizona requires a final state income tax return for the decedent alongside the federal Form 1040A.R.S. § 43-1011Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate 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; creditors have 4 monthsA.R.S. §§ 14-3801, 14-3803, 14-3804, 14-3805, 14-3806Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
What Do I Do When Someone Dies?
After a death in Arizona, the estate either qualifies for the simplified procedure for estates under $200,000A.R.S. § 14-3971Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsA.R.S. § 14-3801Verified Sep 8, 2026View source to file claims after notice.
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.
Hire an Arizona Probate Attorney
Browse 79 probate firms in Arizona with addresses, contact info, and practice details.
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Arizona Estate Settlement Resources
In-depth guides covering Arizona probate, estate administration, and settling an estate.