When Is Probate Required in Arizona?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.
Frequently Asked Questions
Arizona allows a Small Estate Affidavit for estates with personal property valued at $200,000 or less.A.R.S. §§ 14-3719 (PR compensation — "reasonable compensation"; no statutory percentage), 14-3721 (court review of compensation of agents/attorneys employed by PR), 14-3971 (small estate affidavit; HB 2116 / Ch. 24, Laws 2025, 57th Leg. 1st Reg. Sess., eff. Sept. 26, 2025: personal property $200K per subsec. B, real property $300K per subsec. E; 30-day wait personal property, 6-month wait real property), 14-3603 (bond required by default; 4 exceptions: will waiver, all-heir/devisee written waiver, institutional-PR, surviving-spouse small estate; court may impose bond even after waiver per subsec. B), 14-3801 (notice to creditors: publish once/week 3 successive weeks; 4-month claim bar from first publication; mailed-notice creditors: later of 4 months or 60 days from mailing), 14-3803 (nonclaim deadlines), 14-3301 (informal probate — who may apply), 14-3715 (independent administration — PR powers without court order); azleg.gov announcements (57th Leg. 1st Reg. Sess. adjourned June 27, 2025; General Effective Date Sept. 26, 2025)Verified May 31, 2026 There is a 30-day waiting period after the date of death before this procedure can be used.
Real property valued under $300,000 may qualify for simplified transfer procedures in Arizona.A.R.S. §§ 14-3719 (PR compensation — "reasonable compensation"; no statutory percentage), 14-3721 (court review of compensation of agents/attorneys employed by PR), 14-3971 (small estate affidavit; HB 2116 / Ch. 24, Laws 2025, 57th Leg. 1st Reg. Sess., eff. Sept. 26, 2025: personal property $200K per subsec. B, real property $300K per subsec. E; 30-day wait personal property, 6-month wait real property), 14-3603 (bond required by default; 4 exceptions: will waiver, all-heir/devisee written waiver, institutional-PR, surviving-spouse small estate; court may impose bond even after waiver per subsec. B), 14-3801 (notice to creditors: publish once/week 3 successive weeks; 4-month claim bar from first publication; mailed-notice creditors: later of 4 months or 60 days from mailing), 14-3803 (nonclaim deadlines), 14-3301 (informal probate — who may apply), 14-3715 (independent administration — PR powers without court order); azleg.gov announcements (57th Leg. 1st Reg. Sess. adjourned June 27, 2025; General Effective Date Sept. 26, 2025)Verified May 31, 2026 Real property above this amount typically requires formal probate unless it was held in a trust or with right of survivorship.
In Arizona, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.
In Arizona, simple estates typically take 4-6 months. Average estates take 6-9 months. Complex estates with disputes or unusual assets can take 9-18 months or longer.A.R.S. §§ 14-3719 (PR compensation — "reasonable compensation"; no statutory percentage), 14-3721 (court review of compensation of agents/attorneys employed by PR), 14-3971 (small estate affidavit; HB 2116 / Ch. 24, Laws 2025, 57th Leg. 1st Reg. Sess., eff. Sept. 26, 2025: personal property $200K per subsec. B, real property $300K per subsec. E; 30-day wait personal property, 6-month wait real property), 14-3603 (bond required by default; 4 exceptions: will waiver, all-heir/devisee written waiver, institutional-PR, surviving-spouse small estate; court may impose bond even after waiver per subsec. B), 14-3801 (notice to creditors: publish once/week 3 successive weeks; 4-month claim bar from first publication; mailed-notice creditors: later of 4 months or 60 days from mailing), 14-3803 (nonclaim deadlines), 14-3301 (informal probate — who may apply), 14-3715 (independent administration — PR powers without court order); azleg.gov announcements (57th Leg. 1st Reg. Sess. adjourned June 27, 2025; General Effective Date Sept. 26, 2025)Verified May 31, 2026 Estimate total costs with the Arizona probate calculator.
Probate costs in Arizona typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Arizona probate cost calculator for a detailed estimate.
The most common ways to avoid probate in Arizona include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.
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Arizona Estate Planning Resources
In-depth guides covering Arizona probate laws, trust requirements, and estate planning strategies.
