When someone dies in Arizona owning property in their sole name, that property usually has to pass through a court-supervised process called probate before it can reach the heirs or beneficiaries. Probate confirms the will (if there is one), appoints someone to settle the estate, pays the final debts and taxes, and distributes what is left. The good news for Arizona residents is that the state has adopted the Uniform Probate Code, which is designed to keep most estates out of drawn-out, expensive court fights.
This guide explains how probate actually works in Arizona: the two main tracks (informal and formal), who runs the estate, how long it takes, and what it costs.
Arizona Is a Uniform Probate Code State
Arizona's probate law lives in Title 14 of the Arizona Revised Statutes, which adopts most of the Uniform Probate Code (UPC). The whole point of the UPC is to offer a streamlined, low-supervision path for ordinary estates while keeping a more formal, judge-driven path available for the cases that need it. In practice, the large majority of Arizona estates are handled through the simpler informal route with very little courtroom time.
Not every asset has to go through probate at all. Property that passes by beneficiary designation, joint ownership with right of survivorship, a payable-on-death account, a beneficiary deed, or a living trust generally skips probate entirely. Small estates can often avoid it too, using an affidavit instead of a full case.5 Probate is mainly for assets held in the deceased person's name alone with no beneficiary attached.
Informal Probate: The Common Path
Informal probate is the default route in Arizona for estates that are not contested. It is handled by a court officer called a registrar rather than requiring hearings before a judge. An application is filed, and if the paperwork is in order, the registrar appoints a personal representative and admits the will to probate without a formal trial.1
Informal probate is usually appropriate when:
- There is a valid will, or clear intestacy with agreeable heirs.
- No one is expected to contest the will or the appointment.
- The named personal representative is qualified and willing to serve.
- The heirs and beneficiaries are cooperative.
An informal application generally cannot be filed until at least 120 hours (five days) after death, and there is a limit worth knowing: most probate proceedings must be started within two years of the date of death. Arizona bars the appointment of a personal representative more than two years after death except in limited circumstances.4
Formal Probate: When There Is a Dispute
Formal probate is the route for contested or complicated estates. It takes place before a judge and is used when there is a will contest, an unclear or damaged will, a dispute over who should serve as personal representative, questions about the deceased person's capacity, or heirs who cannot agree. A formal testacy proceeding asks the court to make a binding ruling on whether the will is valid and who inherits.2
Formal probate can be supervised or unsupervised. Supervised administration keeps the court involved through distribution and is reserved for estates that genuinely need close oversight. Most Arizonans never need it.
The Personal Representative
Arizona calls the person who settles an estate the personal representative, the term other states may call an executor or administrator. Once appointed, the personal representative receives Letters that prove their authority to act. Their core duties include:
- Identifying, gathering, and safeguarding the estate's assets.
- Notifying heirs, devisees, and known creditors.
- Publishing notice to unknown creditors and paying valid claims.
- Filing final income tax returns and paying any taxes due.
- Distributing the remaining property to the rightful beneficiaries.
- Closing the estate.
A personal representative is a fiduciary, which means they must act honestly and in the best interests of the estate and its beneficiaries, keep good records, and avoid self-dealing. If your will names this person, choose someone organized and trustworthy. Our guide on how to write a will in Arizona covers how to name a personal representative correctly.
The Creditor Claim Window
A central feature of Arizona probate is the creditor claim period. The personal representative publishes a notice to creditors, and creditors then have a limited time to present their claims. Under Arizona law, claims not presented within four months after the first publication of notice are generally barred.3 This four-month window is one reason even a simple estate rarely closes in less than five or six months: the estate should not distribute everything until the claim period has run and known debts are resolved.
A Realistic Timeline
Every estate is different, but a straightforward Arizona informal probate often runs on this rough schedule:
| Stage | Typical timing |
|---|---|
| File application, appoint personal representative | Weeks 1 to 4 |
| Notice to heirs and creditors; inventory | Months 1 to 2 |
| Creditor claim period runs | 4 months from first publication |
| Pay debts and taxes, settle claims | Months 4 to 6 |
| Distribute and close the estate | Months 6 to 12 |
A simple, uncontested estate commonly wraps up in six to twelve months. A contested estate, or one with a business, real estate to sell, or tax complications, can take considerably longer.
What Probate Costs in Arizona
Arizona is comparatively kind on cost because it does not impose a statutory percentage fee on the estate the way a few states do. Typical costs include a court filing fee (generally a few hundred dollars), publication fees for the creditor notice, appraisal fees if assets must be valued, and, if you hire one, attorney fees billed hourly or by flat fee. Personal representatives are also entitled to reasonable compensation for their work. For most modest estates, the total is far lower than the horror stories people associate with probate in other states.
If your estate is small, you may be able to skip formal probate altogether. See our guide to the rules that apply when there is no will to understand who inherits by default. Whether or not a lawyer is required depends on the estate; our article on whether you need a lawyer for a will in Arizona walks through that decision.
Reducing the Probate Burden in Advance
The simplest way to make probate easier on your family is to plan ahead. A clear, valid will speeds up the process and prevents disputes. Naming beneficiaries on accounts, holding property in survivorship form, and recording a beneficiary deed can move key assets outside probate entirely. You can start by putting your wishes in writing with our Arizona will builder, then decide with a professional whether additional tools fit your situation.
Frequently Asked Questions
Is probate always required in Arizona?
No. Assets that pass by beneficiary designation, survivorship, payable-on-death registration, a beneficiary deed, or a living trust avoid probate. Small estates can often be settled with an affidavit instead of a full case.
What is the difference between informal and formal probate?
Informal probate is handled by a registrar without a trial and is used for uncontested estates. Formal probate goes before a judge and is used when there is a dispute over the will, the heirs, or who should serve as personal representative.
How long does probate take in Arizona?
A simple, uncontested informal probate commonly takes six to twelve months, in large part because the creditor claim period runs for four months after the first published notice.
Does Arizona charge a percentage fee on the estate?
No. Arizona does not impose a statutory percentage fee. Costs are limited to court filing fees, publication and appraisal costs, and any attorney or personal representative compensation.
How soon after death can probate start?
An informal application generally cannot be filed until at least 120 hours after death, and most proceedings must be started within two years of the date of death.
Sources
- 1A.R.S. 14-3301, Informal probate and appointment proceedings (Arizona State Legislature) (azleg.gov)
- 2A.R.S. 14-3401, Formal testacy proceedings (Arizona State Legislature) (azleg.gov)
- 3A.R.S. 14-3801, Notice to creditors; four-month claim period (Arizona State Legislature) (azleg.gov)
- 4A.R.S. 14-3108, Probate and appointment proceedings; time limitation (Arizona State Legislature) (azleg.gov)
- 5A.R.S. 14-3971, Collection of property by affidavit (Arizona State Legislature) (azleg.gov)
- 6Arizona Probate: An Overview (Nolo) (nolo.com)
About the author
Max Kuch
Max Kuch writes about estate planning, wills and inheritance for Arizona Last Will. He gathers the rules from the Arizona statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.