How does probate work in Arizona?
1. Governing Code. Arizona Revised Statutes Title 14 (Trusts, Estates and Protective Proceedings). Arizona has adopted the Uniform Probate Code.
2. Court. Superior Court, Probate Division, in the county of the decedent's domicile (A.R.S. § 14-3201).
3. Petition to Open. Application (informal) or Petition (formal) for Probate filed by the named personal representative or interested person under A.R.S. § 14-3301 and § 14-3401.
4. Letters of Personal Representative. Issued under A.R.S. § 14-3103 after appointment.
5. Notice to Creditors. Published once a week for 3 consecutive weeks in a newspaper of general circulation under A.R.S. § 14-3801 plus direct notice to known creditors. Creditor claim deadline is 4 months after first publication, or 60 days after direct notice (A.R.S. § 14-3803).
6. Inventory. Filed with the court or distributed to interested persons within 90 days of appointment under A.R.S. § 14-3706.
7. Independent / Informal Administration. Informal Probate under A.R.S. § 14-3301 is Arizona's standard track, conducted by a Probate Registrar with minimal court supervision. Unsupervised Administration is the default.
8. Small-Estate Procedure. Personal Property Affidavit under A.R.S. § 14-3971(B) for personal property up to $75,000 (available 30 days after death). Real Property Affidavit under A.R.S. § 14-3971(E) for real property up to $100,000 (available 6 months after death).
9. Closing. Sworn Closing Statement under A.R.S. § 14-3933 for informal unsupervised administration, or Petition for Settlement and Distribution under A.R.S. § 14-3931 for supervised estates.
10. Probate Avoidance. Arizona Beneficiary Deed for real property under A.R.S. § 33-405, revocable living trust, joint tenancy with right of survivorship, community property with right of survivorship under A.R.S. § 33-431, POD/TOD accounts, beneficiary designations.
This is legal information, not legal advice.
- Will contest or formal probate proceedings are required
- Community property characterization affects distribution
- Estate includes a business or out-of-state real property requiring ancillary probate
- A.R.S. § 14-3301
- A.R.S. § 14-3971
- A.R.S. § 33-405
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.