File Probate in Arizona Yourself

Arizona Probate at a Glance

Arizona's Two Small Estate Affidavit Paths

Arizona offers two separate small estate procedures — one for personal property and one for real property. This is highly unusual: most states allow real estate to transfer by affidavit only in very limited circumstances. Arizona's real property affidavit can eliminate the need for probate entirely on smaller-value estates.

Do You Need Probate?

Before filing anything, determine what type of probate — or whether any probate — is needed for this estate.

Assets That Avoid Probate in Arizona

• CPWROS property: Community Property With Right of Survivorship — the entire property passes automatically to the surviving spouse. File an Affidavit of Survivorship with the county recorder.
• Surviving spouse's half of community property: Already belongs to the survivor — does not pass through probate.
• Beneficiary Deed (ARS 33-405): If the decedent recorded a beneficiary deed, the designated property passes automatically at death — record an Affidavit of Death with the county recorder.
• Joint tenancy with right of survivorship: Transfers automatically to the surviving joint tenant.
• Beneficiary-designated accounts: IRAs, 401(k)s, life insurance, POD/TOD accounts pass directly to named beneficiaries.
• Living trust assets: Pass according to the trust document.

Informal Probate vs. Formal Probate

Community Property and CPWROS in Arizona

Arizona is a community property state (ARS 25-211). Property acquired during marriage while domiciled in Arizona is generally community property, with each spouse owning an undivided one-half interest. The surviving spouse's half does not pass through probate — it was already theirs.

Arizona also offers a special title option: Community Property With Right of Survivorship (CPWROS). When property is held as CPWROS:

• The entire property passes automatically to the surviving spouse at the first death — no probate at all.
• Both halves of the property receive a stepped-up tax basis at death (same as regular community property).
• The CPWROS vesting is shown on the deed — look for "community property with right of survivorship" in the vesting language.

If a property is held as CPWROS, the surviving spouse simply files an Affidavit of Survivorship with the county recorder. No probate, no Letters, no court involvement.

The 14 Steps of Arizona Informal Probate

1. 1

   Locate the Will and Assess the Estate

   Gather documents, identify CPWROS/community/separate property, check for Beneficiary Deeds, and determine which probate path applies.

2. 2

   Determine Your Probate Path

   Choose between the small estate affidavit (personal and/or real property), informal probate, or formal probate based on estate composition.

3. 3

   File the Application for Informal Probate

   File in the Superior Court of the county of domicile. No hearing — the probate registrar reviews and issues Letters.

4. 4

   Receive Letters and Notify Heirs

   Receive certified Letters. Within 30 days, send written notice to all heirs and devisees (ARS 14-3705).

5. 5

   Publish Notice to Creditors

   Publish once a week for 3 consecutive weeks in a county newspaper. The 60-day creditor period runs from the date of first publication.

6. 6

   Prepare the Estate Inventory

   List all probate assets with date-of-death fair market values. Due within 3 months of appointment. Note community vs. separate property for each item.

7. 7

   Manage Estate Assets

   Open an estate bank account. Maintain real property (especially in Arizona's climate — A/C, pest control). Keep detailed transaction records.

8. 8

   Handle Creditor Claims

   Review all claims filed before the 60-day deadline. Allow or reject. Check for AHCCCS Medicaid recovery claims. Wait the full rejection period before distributing.

9. 9

   Pay Debts, Taxes, and Expenses

   Pay all allowed claims in priority order. Pay administration costs, funeral expenses, and taxes before distributing to beneficiaries.

10. 10

    File Tax Returns

    File the deceased's final federal Form 1040 and Arizona Form 140 (due April 15). File estate income returns (Form 1041 + Arizona Form 141AZ) if the estate earned over $600. No Arizona estate tax.

11. 11

    Transfer Real Property

    Check deed vesting (CPWROS?). Execute and record Personal Representative's Deeds. For assessed value under $100K and 6+ months after death, ARS 14-3972 affidavit may apply. No Arizona real estate transfer tax.

12. 12

    Transfer Personal Property and Close Accounts

    Transfer vehicles at Arizona MVD. Present Letters and death certificate to financial institutions. Check for recorded Beneficiary Deeds before distributing real property.

13. 13

    Prepare Final Accounting and Distribute

    Prepare informal accounting of all receipts and disbursements. Make final distributions per the will or Arizona intestacy law. Obtain signed receipts from all beneficiaries.

14. 14

    File the Closing Statement

    File the Closing Statement (ARS 14-3933) with the probate registrar. No court hearing. One year after filing, the PR is conclusively discharged.

No Arizona Estate Tax

Arizona has no state estate tax and no inheritance tax. This is a meaningful advantage compared to neighboring states: Oregon's estate tax begins at $1 million, and even Hawaii imposes an estate tax on estates over ~$5.49 million. Arizona estates — regardless of size — pay zero state estate tax.

For federal purposes, the estate tax only applies to estates over approximately $13 million per individual (2024, indexed for inflation). The vast majority of Arizona estates will owe no estate tax at either the state or federal level.

Frequently Asked Questions

Arizona Probate Resources