The Arizona Probate Process: Step-by-Step

Check the Deed — Community Property and CPWROS Title

Before assuming probate is needed, check how every asset — especially real estate — is titled. Arizona community property rules change what needs to go through probate:

• Community property: Assets acquired during marriage while domiciled in Arizona (ARS 25-211). Surviving spouse owns half. Decedent's half passes through estate; surviving spouse's half does not.
• CPWROS (Community Property With Right of Survivorship): The entire property passes automatically to the surviving spouse — no probate. Record an Affidavit of Surviving Spouse. Both halves get a full step-up in income tax basis.
• Joint tenancy (JTWROS): Passes to survivor by operation of law — no probate.
• Separate property: Owned before marriage or received by gift/inheritance during marriage — 100% passes through the estate.
• Beneficiary-designated accounts: IRA, 401(k), life insurance, TOD/POD — pass directly, no probate.

Choose the Right Procedure

Arizona's three probate options (plus CPWROS for real property held in that title):

• Small Estate Affidavit — Personal Property (ARS 14-3971): Gross personal property under $75,000; 30-day wait; heir presents sworn affidavit directly to the institution. No court filing. No Letters.
• Small Estate Affidavit — Real Property (ARS 14-3972): Real property with assessed value (not market value) under $100,000; 6-month wait from death; record the affidavit with the county recorder where the property is located. No court required.
• Informal Probate (ARS 14-3301): Application filed with probate registrar — no hearing. Used for most Arizona estates that don't qualify for the small estate paths.
• Formal Probate (ARS 14-3401): Required for contested wills, disputed heirs, or registrar refusal. A Superior Court hearing is scheduled.

File the Application for Informal Probate

File in the Superior Court of the county where the decedent was domiciled at death. The two most common venues are Maricopa County (Phoenix) and Pima County (Tucson). The Application must include:

• Decedent's name, date and place of death, and domicile
• Names and addresses of all heirs and devisees
• Name and address of the nominated Personal Representative
• Original will filed with the application (if one exists)
• Statement that the 3-year time limit for informal probate has not expired

Filing fees range from $200–$400 depending on county. The registrar issues Letters Testamentary (with will) or Letters of Administration (without will) — no hearing required if the application is complete and uncontested.

Get Your EIN and Open the Estate Account

Immediately after Letters are issued:

• Apply for a federal EIN (Employer Identification Number) for the estate at irs.gov — takes minutes online. Required before opening a bank account or filing fiduciary tax returns.
• Open a dedicated estate checking account. All estate income and expenses flow through this account — never commingle with personal funds.
• Notify the Social Security Administration of the death (they will recoup payments made after the month of death).
• Send written notice of the probate proceeding to all heirs and devisees within 30 days of appointment (ARS 14-3705).
• Secure and insure all real property — Arizona heat requires special attention to vacant property maintenance.

Publish Notice to Creditors — Start the 60-Day Clock

Under ARS 14-3801, the Personal Representative must publish Notice to Creditors once per week for three consecutive weeks in a newspaper of general circulation in the county of probate. The 60-day creditor period begins on the date of first publication.

Also send direct written notice to all known creditors — any creditor with a documented claim. Known creditors have 60 days from the mailing date or the publication cutoff, whichever is later.

After three weeks, obtain the Affidavit of Publication from the newspaper and file it with the court.

Prepare the Estate Inventory (Due Within 3 Months)

Under ARS 14-3706, the Personal Representative must prepare an inventory within 3 months of appointment. The inventory covers:

• Decedent's separate property (100%)
• Decedent's one-half share of community property (surviving spouse's half is not a probate asset)

All assets are valued at date of death. Use a formal appraisal for real estate; account statement balances for financial assets; private-party values for vehicles. In informal probate, the inventory is not filed with the court but must be provided to any interested party who requests it.

Manage Estate Assets During Administration

While the creditor period runs, manage the estate actively:

• Route all estate income (rent, interest, dividends) through the estate account.
• Continue mortgage, property tax, HOA, and insurance payments on real property.
• Maintain vacant properties — Arizona summers cause rapid deterioration without A/C maintenance; utility shutoffs can cause mold and pipe damage even in desert climates.
• Retitle investment accounts in the estate's name (coordinate with the brokerage).
• Manage or wind down any business interests.

The Personal Representative has independent statutory authority (ARS 14-3715) to sell estate property without court approval when needed to pay debts or facilitate distribution.

Review Claims and Pay Debts

After the 60-day creditor period closes, review all claims filed. Allow or reject each claim. A rejected creditor has 60 days from the notice of rejection to petition the court (ARS 14-3804).

If the estate is insolvent, pay claims in this priority order (ARS 14-3805):

1. Costs and expenses of administration
2. Reasonable funeral expenses
3. Federal taxes and debts with federal preference
4. Reasonable medical expenses of the last illness
5. State taxes and debts with Arizona preference
6. All other claims

File Tax Returns

Transfer Property, Distribute, and File the Closing Statement

Real property: Execute a Personal Representative's Deed for each parcel. The deed must identify the PR acting for the estate, reference the Letters and probate case number, contain the full legal description, and be signed, notarized, and recorded with the county recorder. No Arizona real estate transfer tax on inherited property.

Vehicles: Transfer title through the Arizona Motor Vehicle Division (MVD). Bring original title, certified Letters, and death certificate. Heirs receive a new title without sales tax on inherited transfers.

Financial accounts: Present certified Letters and death certificate to each institution. Obtain signed receipts from each beneficiary.

Closing Statement (ARS 14-3933): File a Closing Statement with the probate registrar after all assets are distributed. No court hearing required. Certifies the estate is fully administered and all assets distributed. The PR's liability to interested persons ceases one year after filing.