Arizona estate and probate law: the key rules

These are the Arizona rules people ask about most. Each one links to the law, so you can read it yourself.

What makes a will valid in Arizona?

You must be 18 or older and of sound mind (A.R.S. 14-2501). The will must be in writing and signed by you. It must also be signed by at least 2 witnesses. A notary alone isn’t enough (A.R.S. 14-2502).

A few more rules:

• Arizona limits who can witness a will signed on or after October 1, 2019. A person who inherits under the will, or their relative, may not be a witness unless the will is self-proved (A.R.S. 14-2505). A self-proving affidavit is a signed, sworn statement added to the will.
• A holographic will, with the signature and key parts in your own handwriting, can be valid (A.R.S. 14-2503).
• A will from another state is valid if it was validly signed where it was signed or where you lived (A.R.S. 14-2506).

Read more about wills.

When can a family skip probate in Arizona?

When everything passes outside probate, or the estate is small. Property in a funded living trust, with a named beneficiary, or with a recorded beneficiary deed passes without probate. The person entitled to the property may collect up to $200,000 of personal property by affidavit, starting 30 days after the death. A separate affidavit, filed with the court, can pass Arizona real estate with a full cash value of up to $300,000 on the county assessor’s roll, minus liens. It can be used starting 6 months after the death (A.R.S. 14-3971). Our guide to small estate affidavits explains how each one works.

How does a beneficiary deed work in Arizona?

A beneficiary deed passes your home to the person you name when you die, without probate. The deed must say it takes effect at your death, and it must be recorded before you die. It can name your revocable living trust. A will cannot undo it (A.R.S. 33-405).

What is community property in Arizona?

Arizona is a community property state. Property either spouse gets during the marriage belongs to both, except gifts and inheritances (A.R.S. 25-211). Spouses manage it equally, and both must sign to sell or borrow against community real estate (A.R.S. 25-214).

Couples may also hold property as community property with right of survivorship (A.R.S. 33-431). These rules shape how a couple’s will or trust is set up. If you moved from Colorado, see homes in Colorado and Arizona.

What are the main deadlines in Arizona probate?

Most probate cases must start within 2 years of the death (A.R.S. 14-3108). Most claims for debts from before the death are barred 2 years after the death (A.R.S. 14-3803). An informal case can close by sworn statement no sooner than 4 months after the personal representative is appointed (A.R.S. 14-3933).

In Maricopa County, a personal representative who isn’t a licensed fiduciary must complete a training program approved by the Arizona Supreme Court (Maricopa County Superior Court). Our guide on how probate works in Arizona walks through each step.

What does a power of attorney need in Arizona?

Arizona’s rules are stricter than Colorado’s. A financial power of attorney must be signed, witnessed, and notarized. The witness can’t be your agent, your agent’s spouse or child, or the notary (A.R.S. 14-5501).

A health care power of attorney needs a notary or 1 adult witness. That person can’t be your agent or involved in your care. If only 1 witness signs, that person also can’t be related to you or inherit from you (A.R.S. 36-3221). A living will follows the same signing rules (A.R.S. 36-3261).

Arizona also allows a mental health care power of attorney (A.R.S. 36-3281). The state keeps a Health Care Directives Registry, but registering a document doesn’t by itself make it valid (A.R.S. 36-3291). Read more about powers of attorney.

Who inherits if there is no will in Arizona?

State law decides. If all of a married person’s children and grandchildren are also the spouse’s, the spouse takes the whole estate (A.R.S. 14-2102). If the person has children or grandchildren who are not the spouse’s, the spouse gets half of the person’s separate property. The spouse gets none of the person’s half of the community property. With no spouse, the estate goes to descendants, then parents, then other relatives (A.R.S. 14-2103). Read more about wills.

What are Arizona’s long-term care Medicaid rules?

Arizona’s long-term care program is ALTCS, run by AHCCCS. For 2026, the income limit is $2,982 a month for one person, and the resource limit is $2,000 (AHCCCS). The home equity limit is $752,000, with exceptions when a spouse or a child under 21 lives in the home (AHCCCS). If income is over the limit, an income-only trust may still allow ALTCS in some cases (AHCCCS DE-817).

ALTCS looks back 60 months at gifts and transfers (A.R.S. 36-2934). After a death, AHCCCS can seek repayment from property that passes by probate or by small estate affidavit, including the home. This is called estate recovery. The personal representative must notify AHCCCS within 3 months of the death (A.R.S. 36-2935). See our elder law page.