Arizona Statewide Probate Guide

Handling a loved one’s estate is difficult enough without wrestling with unfamiliar court procedures. This guide covers what’s consistent across Arizona – deadlines, thresholds, and costs. For your specific county Superior Court’s address, phone number, and local filing details, see that county’s page.

Where Probate Happens

Arizona probate is filed in the Superior Court of the county where the deceased was domiciled (or, for non-residents, in the county where their Arizona real estate is located). Arizona has 15 counties, each with its own Superior Court.

Recent Change: Much Higher Small-Estate Thresholds

Arizona significantly raised its small estate affidavit thresholds through House Bill 2116, effective September 26, 2025. This is one of the most important recent changes for Arizona families – many older forms, self-help packets, and even some attorney websites still cite the old, much lower limits, so always confirm you’re working from the current figures.

Step 1: Does The Estate Qualify For A Small Estate Affidavit?

Arizona treats personal property and real property as two separate tracks, each with its own threshold – and an estate can use both affidavits together if it qualifies for each.

Personal Property Affidavit

Threshold: $200,000 or less (net of liens and encumbrances) – up from $75,000 before the 2025 change.
At least 30 days must have passed since the death.
No probate proceeding can be pending for the estate.
The claimant must be legally entitled to the property as an heir or beneficiary.
Only Arizona-located assets count toward the threshold; out-of-state property doesn’t count.
Arizona has a specific provision (A.R.S. § 14-3971(D)) letting the Motor Vehicle Division transfer vehicle title using this affidavit process.
Not filed with the court – presented directly to the person or institution holding the property.

Real Property Affidavit

Threshold: $300,000 or less in equity (fair market value minus any mortgage or secured lien) – up from $100,000 before the 2025 change.
Must wait 6 full months after death before filing (longer than the 30-day wait for personal property).
Filed with the Superior Court and recorded – this is a court filing, not just a private affidavit, unlike the personal-property version.
Requires a statement under A.R.S. § 14-3971 confirming no federal estate tax is due.

STEP 2: FORMAL PROBATE (for estates that exceed both thresholds) Arizona uses a three-track probate system:

Informal probate (the default track) – reviewed by a court registrar, no judge or hearing required unless something is disputed. The registrar appoints the personal representative and admits the will.
Formal probate – requires a judge and a court hearing; used when something about the estate is disputed or unclear.
Supervised administration – rare; full court oversight of every major estate decision, reserved for cases where the court determines this level of protection is needed.

Under A.R.S. § 14-3108, informal probate generally must be opened within 2 years of the death – missing this window is a common and costly trap for delayed estates.

Standard steps once probate opens:

The personal representative is appointed (registrar review for informal probate).
New personal representatives are required to complete mandatory PR training.
Notice to creditors is published, opening a 4-month creditor claim period (A.R.S. § 14-3801) – this sets the floor for how long formal/informal probate takes.
The representative gathers assets, pays valid debts, and manages the estate.
A Closing Statement is filed to close the estate once debts are paid and property is distributed.

Timeline

An uncontested informal probate in Arizona typically closes in 6-12 months, with a hard 4-month floor set by the mandatory creditor-claim window. Small estate affidavits move faster – personal property can be collected as soon as 30 days after death; real property affidavits require a 6-month wait.

Costs

Arizona doesn’t require an attorney for probate. Filing fees vary by county Superior Court – check with the relevant county for current fees. Distributing assets before debts are settled can leave the personal representative personally liable, so many families still choose professional guidance even for straightforward estates.

Community Property

Arizona is a community property state, which affects how marital assets are classified and can reduce the size of the taxable/probate estate for a surviving spouse.

Taxes

Arizona has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county Superior Court’s address, phone number, filing quirks, and local resources, visit that county’s page.