1 Overview — what makes Arizona probate different
Arizona probate is governed by Title 14 of the Arizona Revised Statutes (ARS), which adopted the Uniform Probate Code (UPC). Five features set Arizona apart from every other state in this guide series.
First: The three-track system. Arizona explicitly gives estates three paths, each with its own process. Most families should evaluate Track 1 first (small estate affidavit), then Track 2 (informal probate through the Registrar), and reach Track 3 (formal probate with a judge) only if necessary.
Second: The Probate Registrar. Informal probate — the most common track — is handled by a court Registrar, not a judge. The Registrar reviews the application administratively. No hearing is scheduled, no courtroom appearance is required for uncontested cases. The Registrar issues Letters Testamentary or Letters of Administration, and the personal representative administers the estate independently from that point forward.
Third: HB 2116 (effective June 30, 2025). Arizona dramatically raised its small estate thresholds — the most significant probate change in Arizona in years. Personal property limit jumped from $75,000 to $200,000 (30-day wait). Real property limit jumped from $100,000 to $300,000 (6-month wait, filed with court and recorded). This keeps vastly more Arizona estates out of full probate entirely.
Fourth: Mandatory personal representative training. Arizona requires any non-licensed personal representative to complete an Arizona Supreme Court–approved training program before permanent Letters of Appointment are issued (Rule 38, AZ Rules of Probate Procedure). This is unique among states — most states impose no such training requirement.
Fifth: Community property with right of survivorship. Beyond the standard community property rules (only the decedent's half goes through probate), Arizona offers a specific form of title — community property with right of survivorship — that automatically passes the entire property to the surviving spouse outside of probate. Combined with standard non-probate transfers, this gives Arizona married couples powerful tools to avoid probate almost entirely.
Arizona probate at a glance
| Topic | Arizona rule | Authority |
|---|---|---|
| Governing law | Arizona Revised Statutes, Title 14 (UPC) | ARS § 14-1101 et seq. |
| Probate court | Superior Court in county of decedent's domicile | ARS § 14-3201 |
| Registrar | Informal probate handled by Probate Registrar — no judge, no hearing required | ARS § 14-3301 |
| Small estate — personal property | ≤ $200,000 (net of liens); 30-day wait after death | ARS § 14-3971 (HB 2116, eff. June 30, 2025) |
| Small estate — real property | ≤ $300,000 (assessed value net of liens); 6-month wait; filed with court and recorded | ARS § 14-3971 (HB 2116, eff. June 30, 2025) |
| Informal probate deadline | Must file within 2 years of death; after 2 years only formal probate | ARS § 14-3108 |
| Mandatory PR training | Non-licensed PRs must complete AZ Supreme Court–approved training before permanent Letters issued | Rule 38, AZ Rules of Probate Procedure |
| Notice to heirs/devisees | 30 days after appointment; recipients then have 4 months to contest (ARS § 14-3306) | ARS § 14-3705 |
| Inventory | Required within 90 days of appointment; sent to requesting parties on demand; NOT filed with court in informal probate | ARS § 14-3706 |
| Creditor notice | Published once/week × 3 weeks; starts 4-month creditor claims period | ARS § 14-3801 |
| Closing statement (informal) | Filed no earlier than 6 months after appointment; no hearing required | ARS § 14-3933 |
| Community property | Only decedent's ½ + separate property goes through probate | ARS § 25-211 |
| Community property w/ right of survivorship | Entire property passes to surviving spouse outside probate | ARS § 33-431 |
| Homestead allowance | $18,000 to surviving spouse or minor children; priority above creditors | ARS § 14-2402 |
| Electronic wills | Valid in Arizona — one of the first states to recognize them | ARS § 14-2519 |
| Executor compensation | Reasonable compensation — no statutory percentage (ARS § 14-3719) | ARS § 14-3719 |
| AZ estate tax | None | — |
| AZ inheritance tax | None | — |
2 The three-track system — choosing the right path
Arizona's three-track structure is explicit in the statute and should be the first analysis for every Arizona estate. Choosing the wrong track — going straight to full informal probate when a small estate affidavit would have worked — wastes months and thousands of dollars. Evaluate Track 1 first, then Track 2, and reserve Track 3 for genuinely complex or contested situations.
3 HB 2116 — Arizona's 2025 small estate revolution
House Bill 2116, signed March 31, 2025 and effective June 30, 2025, dramatically raised Arizona's small estate affidavit thresholds under ARS § 14-3971. This is the most significant Arizona probate change in years — it keeps far more estates out of full probate entirely, saving families months of time and thousands of dollars in legal fees.
HB 2116 — ARS § 14-3971 updated thresholds
Effective June 30, 2025 · Applies to affidavits filed on or after that date · Previous limits had not changed in years
Who qualifies for the small estate affidavit?
| Requirement | Personal property affidavit | Real property affidavit |
|---|---|---|
| Value threshold | Net estate ≤ $200,000 after liens | Assessed value ≤ $300,000 after liens |
| Waiting period | 30 days after date of death | 6 months after date of death |
| No pending PR | No application pending or approved in any jurisdiction | No application pending or approved in any jurisdiction |
| Where filed | Presented directly to institution holding asset (no court) | Filed with Superior Court, then recorded with County Recorder |
| Community property | Only decedent's ½ counts toward threshold | Only decedent's ½ of community property counts |
| Federal estate tax statement | Not required | Required — must state no federal estate tax is due |
| Who signs | All persons entitled to the property | All persons entitled to the property |
| Successor liability | Personally liable for decedent's debts up to value received | Personally liable for decedent's debts up to value received |
4 Community property — Arizona's marital property rules
Arizona is one of nine community property states. Under ARS § 25-211, property acquired during marriage using marital income is presumed to be community property — owned equally by both spouses regardless of whose name is on the title. At death, only the decedent's half of community property plus all separate property passes through probate. The surviving spouse's half is already theirs.
Separate property (ARS § 25-213) — owned before marriage, received as a gift or inheritance by one spouse during marriage, or accumulated after legal separation — passes through probate in full.
Community property with right of survivorship — Arizona's unique tool
Arizona offers a specific vesting option under ARS § 33-431: community property with right of survivorship. When real property (or other assets) is held this way, it passes entirely and automatically to the surviving spouse at death — the whole property, both halves — outside of probate. Unlike joint tenancy (which lacks the tax basis benefit of community property), community property with right of survivorship preserves the full stepped-up tax basis for both halves at the first death, which can dramatically reduce capital gains tax when the surviving spouse later sells.
5 Mandatory PR training — Arizona's unique requirement
Arizona stands apart from virtually every other state in requiring that personal representatives complete formal training before they receive permanent Letters of Appointment. This requirement lives in Rule 38 of the Arizona Rules of Probate Procedure.
Arizona Supreme Court–approved PR Training — Rule 38
Required for all non-licensed personal representatives before permanent Letters are issued
Who must complete it: Any person appointed personal representative who is NOT (1) a state-licensed fiduciary, or (2) a financial institution. Family members, friends, and individual executors named in the will all must complete the training.
When it must be completed: Before permanent Letters of Appointment are issued. The court will issue temporary Letters initially; permanent Letters follow after the training declaration is filed.
How to complete it: The Arizona Judicial Branch provides an approved online training program at azpoint.az.gov. The training covers fiduciary duties, estate administration procedures, inventory requirements, creditor claims, and distribution. After completing training, the personal representative signs a Declaration that they completed the program and files it with the court (along with a copy of the Probate Information Form CC-1650 / PBIP18).
Why Arizona requires it: Unlike Virginia (where the Commissioner of Accounts reviews all filings) or Ohio (where probate courts are more involved), Arizona's informal probate is largely self-administered — beneficiaries and creditors are expected to protect their own interests. The training requirement compensates by ensuring the person running the estate understands their obligations before they receive full authority.
6 Informal probate — step by step (Track 2)
For estates that exceed small estate thresholds and have uncontested wills or clear intestacy, informal probate through the Probate Registrar is the typical path. The process is largely self-administered — the court provides oversight only if someone requests it.
- 1
Determine which track applies Do this before any filing
Characterize all assets: community property (only decedent's half goes through probate), separate property, and non-probate assets (beneficiary designations, joint tenancy, CPWROS, revocable trusts). Calculate the net probate estate. If personal property ≤ $200,000, evaluate Track 1 first (small estate affidavit after 30 days). If real property ≤ $300,000, evaluate the real property affidavit (6-month wait). Only proceed to full informal probate if Track 1 doesn't apply.
- 2
File Application with the Probate Registrar No hearing required
File an Application for Informal Probate of Will and/or Appointment of Personal Representative (Form PBIP1 in Maricopa County) with the Superior Court in the county where the decedent resided. Include the original will, certified death certificates, and the application form listing heirs, devisees, and the proposed PR. The application goes to the Probate Registrar, not a judge. Filing fees: Maricopa $306; Pima $270–$371; Pinal $251; Coconino $351; Mohave $371. The Registrar reviews the application and, if it meets statutory requirements, issues the Statement of Informal Probate (PBIP2) and the Statement of Informal Appointment (PBIP3).
PBIP1 — ApplicationOriginal willCertified death certificate × 3–5Filing fee: $241–$381 by county - 3
Complete mandatory training; receive permanent Letters Before permanent Letters issue
Complete the Arizona Supreme Court–approved personal representative training at azpoint.az.gov. Sign the Declaration certifying completion (included with Form PBIP18) and file it with the court. The Registrar then issues permanent Letters Testamentary (will) or Letters of Administration (no will). Order 6–8 certified copies — each bank, brokerage, title company, and government agency needs its own.
Training completion declaration (PBIP18)Letters Testamentary / Letters of AdministrationCertified copies — order 6–8 - 4
Send notice to heirs & devisees within 30 days 30-day deadline
Within 30 days of appointment, mail written notice of probate and appointment to all heirs and devisees (ARS § 14-3705). Recipients then have 4 months from the notice to contest the proceedings through a formal testacy action (ARS § 14-3306). This is a defined window that closes most challenges — heirs who don't act within 4 months of the notice are generally barred from later challenges to informal probate.
Written notice to all heirs/deviseesDeadline: 30 days from appointment - 5
Publish Notice to Creditors — starts 4-month claim period Hard creditor deadline
Publish a Notice to Creditors in a newspaper of general circulation in the county once per week for three consecutive weeks (ARS § 14-3801). This starts the 4-month creditor claims period from first publication. Known creditors should also be notified by mail — mailed creditors have 60 days from the mailing or until the 4-month period ends, whichever is later. Distributing assets before the creditor period expires without ensuring all debts are paid can expose the personal representative to personal liability.
Notice to Creditors (3-week publication)Direct mail to known creditors - 6
Prepare inventory within 90 days — kept private, not filed with court AZ unique: no court filing
Prepare a complete inventory of all probate assets with fair market values as of the date of death (ARS § 14-3706). This must be done within 90 days of appointment. Unlike Virginia (Commissioner of Accounts must receive and review the inventory) or North Carolina (annual accounts filed with the Clerk), Arizona does NOT require the inventory to be filed with the court in informal probate. Keep it in your estate records and provide a copy within 10 days to any heir, devisee, creditor, or beneficiary who makes a written request for it.
- 7
Administer estate — pay debts, file taxes, distribute assets
With independent administration authority, manage estate assets, sell property as needed, pay valid creditor claims after the 4-month period, and distribute remaining assets per the will or Arizona intestacy law. File the decedent's final Arizona income tax return (Form 140) and federal return. If the estate earns income during administration, file estate income tax returns (Form 141AZ / federal Form 1041). Arizona has no estate tax return to file — only federal applies, at $15M+ threshold.
- 8
File Closing Statement — no earlier than 6 months after appointment 6-month minimum · No hearing
After all debts are paid, taxes filed, and assets distributed, close the estate by filing a Closing Statement (Form PBIP32) with the court (ARS § 14-3933). The Closing Statement cannot be filed until at least 6 months after appointment. Send copies to all distributees and known unpaid creditors. If no one petitions the court within one year of the closing statement, the personal representative is discharged and the estate is closed. No hearing required for informal closing — a significant efficiency advantage over supervised probate.
PBIP32 — Closing StatementCopies to all distributeesEarliest: 6 months after appointment
7 Timeline & costs
| Scenario | Timeline | Key driver |
|---|---|---|
| Small estate affidavit — personal property ≤ $200K | 30 days + weeks | 30-day wait; affidavit presented to institution |
| Small estate affidavit — real property ≤ $300K | 6 months + weeks | 6-month wait; filed with court and recorded |
| Informal probate — simple, uncontested estate | 6–9 months | 4-month creditor period + 6-month closing minimum |
| Informal probate — estate with real estate sale | 7–12 months | Sale process + creditor + 6-month closing minimum |
| Maricopa County (higher volume) | 7–10 months | Registrar processing time; court volume |
| Formal probate — uncontested but judge required | 9–15 months | Hearing scheduling; judge approval for actions |
| Formal probate — contested will or disputed PR | 12–36+ months | Evidentiary hearings, discovery, trial possible |
| Cost item | Typical amount | Notes |
|---|---|---|
| Court filing fee | $241–$381 | Maricopa $306; Pima $270–$371; Pinal $251; Coconino $351; Mohave $371 |
| Certified copies of Letters | ~$17–$25 each | Order 6–8; courts charge per page |
| Creditor notice publication | ~$75–$200 | 3 weeks; varies by county newspaper |
| PR training | Free | AZ Judicial Branch online program at azpoint.az.gov |
| AZ estate tax | $0 | No Arizona state estate tax |
| PR compensation | Reasonable — no statutory % | Typically $25–$100+/hr for non-licensed PRs; court may review |
| Attorney fees (informal) | $3,000–$8,000 | Simple informal probate; more for complex |
| Attorney fees (formal, contested) | $10,000–$50,000+ | Contested will; litigated disputes |
8 Key Arizona probate forms — the PBIP series
Arizona uses standardized probate forms across all 15 counties. Maricopa County Superior Court provides the most comprehensive self-service packet. Many forms are named with the PBIP prefix (Probate — Informal Proceedings). All forms are available at each county's Superior Court and at azcourts.gov. After HB 2116 (June 30, 2025), some forms referencing the old $75K/$100K thresholds may be outdated — verify you're using the latest version before filing.
The primary filing document for informal probate. Submitted to the Probate Registrar (not a judge). Includes decedent information, will details, heirs/devisees list, proposed PR, and bond waiver. Registrar reviews without a hearing. Must include the original will if one exists. Separate PBIP1 packet available in each county.
Issued by the Probate Registrar confirming that the will has been informally admitted to probate. This is the Registrar's official finding that the will meets the statutory requirements. Issued without a hearing for uncontested applications.
Issued by the Probate Registrar confirming appointment of the personal representative. Authorizes the PR to act on behalf of the estate. Combined with PBIP2, this document package constitutes informal probate authorization — no judge involved.
Declaration filed with the court confirming the personal representative completed the Arizona Supreme Court–approved training program (Rule 38). Must be filed before permanent Letters of Appointment are issued. Includes the Probate Information Form. Training completed at azpoint.az.gov. No fee for the training itself.
Issued by the court after the PR completes training and PBIP18 is filed. Arizona's authorization document for the PR to access estate accounts, deal with title companies, manage property, and conduct estate business. Order 6–8 certified copies — each institution requires its own. Valid until the estate closes or Letters are revoked.
Presented directly to the institution (bank, brokerage, DMV) — no court filing required for personal property. Updated thresholds per HB 2116 effective June 30, 2025. Net estate must be ≤ $200,000 after liens. All successors sign. Successor is personally liable for debts up to value received. Use the latest form version — older forms reference the old $75K limit.
For real property ≤ $300,000 assessed value (net of liens) under HB 2116. Unlike personal property affidavit, this MUST be filed with the Superior Court AND then recorded with the County Recorder where the property is located. Must include statement that no federal estate tax is due. 6-month wait from death required.
Filed to close an informally administered estate (ARS § 14-3933). Cannot be filed until at least 6 months after appointment. Certifies all debts paid, taxes filed, assets distributed. Send copies to all distributees and unpaid creditors. If no petition filed within 1 year, PR is discharged. No hearing required — a major efficiency advantage of Arizona informal probate.
9 Arizona Superior Courts — all 15 counties
Arizona has 15 counties, each with a Superior Court handling probate matters. File in the county where the decedent resided at death. Maricopa (Phoenix) and Pima (Tucson) handle the vast majority of Arizona probate filings. Filing fees vary by county — Maricopa charges $306 for informal probate, while some rural counties charge less.
Showing all 15 Arizona counties