How Does Step-Up in Basis Work in Arizona?
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.
When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Arizona as in every state.
State capital gains tax is a separate layer from the federal tax. After the step-up, 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. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.
For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.
No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Arizona layer. Short-term ordinary-income rates never apply.
Yes. Arizona is a community property state, so at the first spouse's death both halves of community property26 USC § 1014(b)(6)Verified Sep 15, 2026View source take a new basis at fair market value under IRC § 1014(b)(6), not only the decedent's half. In a separate-property state the survivor's half keeps its original basis. The surviving spouse can sell soon after the death with little or no capital gains tax on the appreciation of the marriage.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
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.
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 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 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.
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 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 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 Need Probate?
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 Estate Planning Resources
In-depth guides covering Arizona probate laws, trust requirements, and estate planning strategies.
