How probate works in Arizona, step by step
Probate is the court process that settles an estate after a death. In Arizona, as of October 2026, the case is filed in the county where the person lived. Most cases must start within 2 years. Creditors get 4 months from the first published notice. An informal estate can close no sooner than 4 months after appointment.
- Reviewed by
- Daniel R. Klein, attorney
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This guide is general information about Colorado and Arizona law as of . It is not legal advice.
What is probate in Arizona?
Probate is the court process for settling the estate of someone who has died. The estate is everything they owned, plus their debts.
Probate does three main jobs:
- It confirms the will, if there is one.
- It gives one person, the personal representative, legal power to act for the estate. Many people say “executor.”
- It gives an orderly way to pay valid bills and pass on what is left.
In Arizona, the case is filed in the Superior Court of the county where your loved one lived (A.R.S. 14-3201).
Does every Arizona estate need probate?
No. Some property passes straight to a named person, without probate. This includes:
- property in a funded living trust,
- accounts with a payable-on-death or transfer-on-death beneficiary,
- a home with a recorded beneficiary deed (A.R.S. 33-405),
- property held by spouses as community property with right of survivorship (A.R.S. 33-431).
Small estates may use an affidavit. A small estate affidavit is a sworn form that lets the right person collect property without a court case. As of October 2026, Arizona has two (A.R.S. 14-3971):
- Personal property: up to $200,000, starting 30 days after the death.
- Arizona real estate: up to $300,000 after liens, by a separate affidavit filed with the court, starting 6 months after the death.
Our guide to small estate affidavits in Colorado and Arizona explains the rules and steps.
What is the difference between informal and formal probate in Arizona?
Arizona has two main kinds of probate (A.R.S. 14-3301 and following; 14-3401 and following).
| Topic | Informal probate | Formal probate |
|---|---|---|
| How it starts | An application | A petition |
| Who decides | A court official called the registrar | A judge |
| Hearing | Usually none | Yes, after notice to interested people |
| Often used when | The will is clear and the family agrees | The will is unclear, missing, or disputed |
Informal probate is handled by filing forms. Formal probate takes more time, because a judge must rule.
What are the steps in Arizona probate?
Every estate is different. But most informal cases follow these steps.
- Order death certificates. In Arizona, each certified copy costs $20 (Maricopa County application for an Arizona death certificate, as of October 2026).
- Note the AHCCCS deadline, if it applies. If your loved one got ALTCS long-term care, the personal representative must notify AHCCCS within 3 months of the death (A.R.S. 36-2935). If no one has been appointed yet, ask us what to do.
- Find the original will. The court needs the original, not a copy.
- File in the right county. The application goes to the Superior Court where your loved one lived. The statewide base filing fee is $191 (Arizona Supreme Court fee schedule, as of October 2026).
- Complete the training, if required. In Maricopa County, a personal representative who isn’t a licensed fiduciary must finish a court-approved training program (Maricopa County Superior Court).
- Receive letters. The court issues letters. Banks and title companies ask for them.
- Tell the heirs. Notice of the appointment goes to the heirs and beneficiaries within 30 days (A.R.S. 14-3705).
- Tell creditors. A notice runs in a newspaper once a week for 3 weeks. Creditors then have 4 months from the first notice to make claims. Known creditors get a mailed notice. Their deadline is the later of 4 months after the first published notice or 60 days after the mailing (A.R.S. 14-3801).
- Make an inventory. An inventory of what the estate owns, and its value, is due within 90 days of appointment (A.R.S. 14-3706).
- Pay valid bills and taxes. These are paid from the estate. Family members usually don’t owe them from their own money, but the answer can be different for a surviving spouse, especially in Arizona, a community property state. Please don’t pay bills from your own pocket until you get advice.
- Distribute what is left. Property goes to the people named in the will, or to the heirs under state law.
- Close the estate. A closing statement can be filed no sooner than 4 months after appointment. The appointment then ends 1 year later if nothing is pending (A.R.S. 14-3933).
How long does probate take in Arizona?
Arizona law sets some minimum waiting periods:
- Creditors have 4 months from the first published notice (A.R.S. 14-3801).
- An informal estate can’t close by closing statement until 4 months after appointment (A.R.S. 14-3933).
Because the notice usually runs after appointment, most estates stay open longer than 4 months. Selling a house, filing tax returns, or a family dispute can add time. We can give you a better sense of timing once we learn about the estate.
If no one gives notice to creditors, most claims for debts from before the death are still barred 2 years after the death (A.R.S. 14-3803).
Is there a deadline to open probate in Arizona?
Yes. Most probate cases must start within 2 years of the death, with some exceptions (A.R.S. 14-3108). That is shorter than Colorado’s 3 years.
After informal probate, a will can still be challenged for a time. The deadline is the later of 12 months after the informal probate or 2 years after the death (A.R.S. 14-3108).
What does a personal representative do in Arizona?
The personal representative is a fiduciary. That means they must act honestly and carefully for everyone with an interest in the estate. The main duties are:
- gathering and protecting what your loved one owned,
- sending notice to heirs and creditors,
- making the inventory,
- paying valid debts, taxes, and costs,
- keeping records, and
- distributing what is left.
The will usually names who should serve. Arizona law sets an order of priority for who may serve when it doesn’t (A.R.S. 14-3203). They may be paid a reasonable fee for the work, or turn it down (A.R.S. 14-3719).
What does probate cost in Arizona?
Costs depend on the estate. Common costs include:
- the court filing fee, with a statewide base of $191 as of October 2026 (a county’s total can differ, so check with the clerk),
- certified death certificates, at $20 each,
- the newspaper notice to creditors,
- appraisals, if property must be valued,
- fees for a lawyer and the personal representative.
Estate costs are paid from the estate.
Where can Maricopa County families find probate forms?
Maricopa County Superior Court publishes its probate court forms online. It also has an informal probate packet. The Arizona courts’ Self-Service Center has statewide forms and instructions.
Do you need a lawyer for probate in Arizona?
Not always. Arizona’s courts offer forms and instructions for people who handle their own cases. Some families do. Others want help with notices, deadlines, real estate, taxes, Medicaid claims, or family conflict.
A lawyer can also help if you live out of state and can’t easily get to the Arizona court.
How does community property affect an Arizona estate?
Arizona is a community property state. Most property a married couple gets during the marriage belongs to both spouses equally. Gifts and inheritances stay separate (A.R.S. 25-211).
This can change who owns what at a death, and how property passes. Couples can also choose a special title, community property with right of survivorship. Then the survivor owns it without probate (A.R.S. 33-431).
Can Medicaid make a claim against an Arizona estate?
Yes. AHCCCS can seek repayment for ALTCS long-term care received at 55 or older. The claim can reach property that passes by probate or by small estate affidavit, including the home (AHCCCS estate recovery policy). This is called estate recovery. The 3-month notice to AHCCCS is part of the process.
If the person who died lived in Colorado, what is different?
These rules apply when the person who died lived in Colorado (as of October 2026):
- Lower small estate limit. Colorado’s affidavit covers personal property up to $88,000 for 2026 deaths, and it can’t transfer real estate (C.R.S. 15-12-1201).
- A longer deadline to start. Most cases must start within 3 years of death (C.R.S. 15-12-108).
- Later closing. An informal estate can close by closing statement no sooner than 6 months after appointment (C.R.S. 15-12-1003).
- A different filing fee. The first filing fee is $229 (Colorado Judicial Branch fee list).
- A home in each state. If a Colorado resident owned an Arizona home in their own name, a second case may be needed there. This is called ancillary probate. Personal property is simpler. After 60 days, an out-of-state personal representative may collect it without an Arizona case (A.R.S. 14-4201).
Our guide to how probate works in Colorado covers the Colorado steps.
Questions people ask
Does a will avoid probate in Arizona?
No. A will tells the court what the person wanted, but the will itself goes through probate. Some property skips probate. That includes property in a funded living trust or with a named beneficiary. It also includes a home with a recorded beneficiary deed, and small estates that can use an affidavit.
Who can be the personal representative in Arizona?
The will usually names someone. Arizona law sets an order of priority for who may serve (A.R.S. 14-3203). In Maricopa County, a personal representative who isn’t a licensed fiduciary must complete a training program approved by the Arizona Supreme Court.
What happens if no one opens probate within 2 years?
Most probate cases must start within 2 years of the death, but there are exceptions (A.R.S. 14-3108). If time has passed, it is worth asking a lawyer which options are still open. Some, like a small estate affidavit, have their own rules.
I live in Colorado, but my mother lived in Arizona. Where is probate filed?
In Arizona, in the Superior Court of the county where your mother lived (A.R.S. 14-3201). Many people in that spot work with a lawyer licensed in Arizona.
When should you call a lawyer?
Consider calling us if:
- the home was in your loved one’s name alone,
- you can’t find the original will, or there is more than one,
- a family member disagrees, or may challenge the will,
- your loved one owned property in both Arizona and Colorado,
- your loved one received ALTCS long-term care,
- you were named personal representative and don’t know where to start.
Sources
- Arizona Revised Statutes: A.R.S. 14-3108, 14-3201, 14-3203, 14-3301, 14-3705, 14-3706, 14-3719, 14-3801, 14-3803, 14-3933, 14-3971, 14-4201, 25-211, 33-405, 33-431, 36-2935
- Arizona Supreme Court: Superior Court filing fees and Self-Service Center
- Maricopa County Superior Court: probate court forms, informal probate packet, and training requirement
- Arizona Department of Health Services: Vital records; Maricopa County: application for a certified death certificate
- AHCCCS: Estate recovery program overview
- Colorado Revised Statutes, Title 15 (2024 official edition): C.R.S. 15-12-108, -1003, -1201; Colorado Judicial Branch fee list
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