STATE PROBATE GUIDE

Probate in Arizona

Community property UPC state with recently increased thresholds

Overview

Arizona is both a Uniform Probate Code state and a community property state, combining streamlined probate procedures with community property rules for married couples. The Superior Court handles probate matters. Arizona recently passed HB 2116 (signed March 31, 2025), significantly increasing small estate thresholds effective September 26, 2025. Arizona has no state estate or inheritance tax.

Key Facts

  • Governing Law: Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings)
  • Court: Superior Court
  • Small Estate Threshold: $75,000 personal property (pre-9/26/2025); $200,000 (effective 9/26/2025)
  • Typical Timeline: 4 to 9 months for standard estates; complex estates may take 1–2 years
  • Follows UPC: Yes

What Makes Arizona Unique

  • Community Property State — Assets acquired during marriage are jointly owned. The surviving spouse automatically owns their half, and only the decedent's half goes through probate.
  • 2025 Threshold Increases (HB 2116) — Arizona dramatically increased small estate thresholds effective September 26, 2025: personal property from $75,000 to $200,000 and real property from $100,000 to $300,000.
  • Real Property Affidavit — Arizona is one of few states that allows transfer of real property by affidavit for qualifying small estates, with a 6-month waiting period after death.
  • Informal Probate — As a UPC state, Arizona allows most estates to proceed through informal probate without a court hearing, with the personal representative appointed by the court registrar.
  • No State Estate or Inheritance Tax — Arizona does not impose a state estate tax or inheritance tax.
  • Beneficiary Deed — Arizona allows property owners to execute a beneficiary deed that transfers real property directly to named beneficiaries upon death, completely avoiding probate for that asset.

Probate Process Steps

  1. File application for informal probate or petition for formal probate with the Superior Court
  2. Court appoints personal representative and issues letters (informal) or holds hearing (formal)
  3. Notify known creditors and publish notice to creditors in a local newspaper
  4. Inventory and appraise all estate assets
  5. Allow creditor claims period (4 months from first publication of notice)
  6. Pay valid debts, taxes, and administration expenses
  7. Prepare and distribute assets according to the will or intestacy law
  8. File closing statement with the court

Costs & Fees

Fee Structure: Arizona does not have a statutory fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation determined by the complexity of the estate, time spent, and local market rates.

Typical Attorney Fees: Hourly rates typically $200–$400/hour; flat fees of $2,000–$6,000 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($319 in Maricopa County), publication costs, and certified copies

Arizona's informal probate process significantly reduces costs. The 2025 threshold increases mean many more estates can use the simplified affidavit process, avoiding full probate costs entirely.

Frequently Asked Questions

How long does probate take in Arizona?

A standard Arizona probate typically takes 4 to 9 months. Informal probate is generally faster than formal probate. Small estates using affidavit procedures can be resolved without any court proceeding. Complex or contested estates may take 1 to 2 years.

Can I avoid probate in Arizona?

Yes. With the 2025 threshold increases, personal property estates under $200,000 and real property under $300,000 can use small estate affidavits. Other avoidance strategies include revocable living trusts, beneficiary deeds for real property, joint tenancy, payable-on-death accounts, and community property with right of survivorship.

What is the small estate limit in Arizona?

Effective September 26, 2025, Arizona's thresholds are $200,000 for personal property and $300,000 for real property (increased from $75,000 and $100,000 respectively by HB 2116). A 30-day waiting period applies for personal property affidavits and a 6-month waiting period for real property affidavits. Liens and encumbrances are subtracted from asset value.

How much does probate cost in Arizona?

Attorney fees for simple estates typically range from $2,000 to $6,000. Non-lawyer costs (court filings, publication, certified copies) generally total $300 to $1,500. Arizona has no state estate or inheritance tax. The 2025 threshold increases will allow many more estates to avoid full probate costs.

Get Your Arizona Probate Assessment

Find out exactly what probate means for your estate under Arizona law — costs, timeline, and next steps.

Get Your Free Preliminary Assessment