Question 1

What makes a will valid in Arizona?

Accepted Answer

Anyone 18 or older who is of sound mind may make a will. A paper will must be in writing, signed by the will-maker (or by another person in the will-maker's name, in their conscious presence and at their direction), and signed by at least two witnesses, each signing within a reasonable time after seeing the signing or the will-maker's acknowledgment of the signature or the will.

Question 2

Is a handwritten will valid in Arizona?

Accepted Answer

Yes. A will that does not meet the witness rules is valid as a holographic will, witnessed or not, if the signature and the material provisions are in the will-maker's handwriting.

Question 3

Does a will need to be notarized in Arizona?

Accepted Answer

Yes. A will can be made self-proved when it is signed, or at a later time, by the will-maker's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths. The statute provides a sample form.

Question 4

Who inherits if someone dies without a will in Arizona?

Accepted Answer

The surviving spouse takes the decedent's entire intestate estate (separate property and the decedent's half of the community property) if there are no descendants or if all descendants are also the spouse's. If any descendant is not the spouse's, the spouse takes half of the separate property and none of the decedent's half of the community property. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants.

Question 5

What is a surviving spouse entitled to in Arizona?

Accepted Answer

Arizona is a community property state and does not have an elective share. The surviving spouse already owns half of the community property; at death, only the decedent's separate property and the decedent's half of the community property pass by will or intestacy.

Question 6

What is the small estate limit in Arizona?

Accepted Answer

Personal property: 30 days after death, a successor can collect personal property (bank accounts, money owed, stock, vehicles) by affidavit if no personal representative has been requested or appointed and all personal property, less liens, is worth no more than $200,000; funeral and last-illness expenses must be paid. A surviving spouse can also collect up to $5,000 of unpaid wages by affidavit at any time. Real property: six months after death, successors can file an affidavit of succession to real property in the superior court if the Arizona real estate, less liens, is worth no more than $300,000 (based on the assessed full cash value); a certified copy is then recorded with the county recorder.

Question 7

Is there a simplified probate process in Arizona?

Accepted Answer

Small estate summary procedure: if the inventory shows the estate is worth no more than the allowance in lieu of homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate without notice to creditors and close it with a sworn closing statement. Appointment ends one year after the statement is filed if nothing is pending.

Question 8

How does probate work in Arizona?

Accepted Answer

Probate is handled by the superior court in each county. Most proceedings must start within two years after death. The main steps are: application for informal probate or petition for formal probate and appointment of a personal representative; letters issued; publishing notice to creditors once a week for three weeks and mailing notice to known creditors; preparing an inventory within 90 days after appointment (filed with the court, or sent to heirs or beneficiaries); paying claims and distributing the estate; and closing.

Question 9

How long do creditors have to file claims against an estate in Arizona?

Accepted Answer

Creditors must present claims within four months after the first published notice. A known creditor who is mailed notice has until the later of four months after publication or 60 days after the mailing. In any case, claims that arose before death are barred two years after death plus any time remaining in a notice period.

Question 10

Who can be an executor in Arizona?

Accepted Answer

Priority for appointment: the person named in the will, then a surviving spouse who is a beneficiary, other beneficiaries, the surviving spouse, other heirs, the Department of Veterans' Services (for veterans and their families), any creditor after 45 days, and the public fiduciary. The statutes set no Arizona residency requirement. A bond is required unless the will waives it, all heirs or beneficiaries file written waivers, the representative is a qualifying bank or trust company or the public fiduciary, or the surviving spouse applies for a small estate eligible for summary procedures; the court may still order a bond if an interested person shows a risk.

Question 11

Does Arizona allow transfer-on-death deeds?

Accepted Answer

Yes. Arizona allows a beneficiary deed that names who receives the property when the owner dies. It must expressly say it takes effect on the owner's death, and it is valid only if signed and recorded with the county recorder where the property is located before the owner's death. It can be revoked by a recorded revocation before death. Joint owners with survivorship rights can use one that takes effect at the last owner's death.

Question 12

What does a quitclaim deed need to be valid in Arizona?

Accepted Answer

A deed must be in writing, signed by the grantor (or an agent authorized in writing), delivered, and acknowledged before a notary or other authorized officer. Deeds are recorded with the county recorder of the county where the property is located. Most deeds that transfer title must include an Affidavit of Property Value on the Department of Revenue form, with exemptions such as gift deeds, quitclaim deeds for no money and court-ordered transfers.

Question 13

What are the requirements for a power of attorney in Arizona?

Accepted Answer

A financial power of attorney must clearly name the agent and show intent to create a power of attorney, be signed by the principal (or for them at their direction), be witnessed by one person who is not the agent, the agent's spouse or child, or the notary, and be acknowledged before a notary with the witness's affidavit. It is durable only if it says so (for example, that it is not affected by the principal's later disability or incapacity). Arizona has no general statutory form for financial powers of attorney.

Question 14

What are the requirements for a health care directive in Arizona?

Accepted Answer

An adult may sign a health care power of attorney that clearly shows that intent, is dated and signed, and is either notarized or witnessed by at least one adult. The notary or witness cannot be the named agent or anyone directly providing health care to the person. The statute offers a sample form, which is optional.

Question 15

Does Arizona have an estate or inheritance tax?

Accepted Answer

No state estate or inheritance tax. The Arizona Revised Statutes no longer contain an estate tax chapter.

Question 16

How do I make a living will in Arizona?

Accepted Answer

An adult may write a living will to control the health care treatment decisions that can be made for them. It can be part of a health care power of attorney or stand alone. A stand-alone living will must be signed the same way as a health care power of attorney: dated and signed, and either notarized or witnessed by at least one adult who affirms the person signed and appeared of sound mind and free from duress. The notary or witness cannot be the named agent or anyone directly providing the person's health care, and a single witness cannot be a relative or heir. The statute offers a sample living will form, which is optional.

Question 17

How do I make a medical power of attorney in Arizona?

Accepted Answer

Arizona calls it a "health care power of attorney." An adult may name one or more adults to make health care decisions, and may also cover funeral and disposition arrangements. The document must clearly show the intent to create a health care power of attorney, be dated and signed (or marked), and be notarized or witnessed by at least one adult who was present at signing. The notary or witness cannot be the named agent or a person directly involved in the principal's health care; if only one witness is used, that witness cannot be related by blood, marriage or adoption or be an heir or will beneficiary. A fiduciary whose license was suspended or revoked generally cannot serve as agent. A sample form is in the statutes and is optional.

Question 18

How do living trusts work in Arizona?

Accepted Answer

Arizona has adopted the Uniform Trust Code as the Arizona Trust Code. A trust is revocable unless its terms expressly make it irrevocable. The settlor can revoke or amend by substantially following the method in the trust, or, if the trust's method is not exclusive, by other methods allowed by statute. For community property, either spouse can revoke as to their share, but amendment takes both spouses. Assets must be retitled to the trustee to be governed by the trust; property held in the trust passes under its terms without probate, while assets left outside it may still need probate or a small estate affidavit.

Question 19

What does an executor have to do in Arizona?

Accepted Answer

Within 90 days after appointment, the personal representative prepares an inventory listing each item with its fair market value at death, whether it is community or separate property, and any encumbrance; the inventory may be filed with the court (with copies to interested persons who ask) or sent to each heir or beneficiary. The representative publishes notice to creditors once a week for three weeks and mails notice to known creditors; claims are due within four months after first publication (or 60 days after mailed notice, if later). After paying claims, expenses and taxes and distributing the estate, the representative may close an unsupervised estate by filing a verified closing statement no earlier than four months after appointment, and must send a copy to all distributees and unpaid claimants.

Question 20

How do I get letters testamentary in Arizona?

Accepted Answer

A personal representative must be appointed by court order or statement of the probate registrar in the county superior court, qualify, and be issued letters; administration begins when letters issue. Informal probate or appointment can be requested by the surviving spouse, an adult child, parent or sibling, an heir, the person nominated in the will, the Department of Veterans' Services for a veteran, and, 45 days after death, a creditor (the public fiduciary may apply if no one else is qualified and willing). The application is verified, and to probate a will the original will must be in the court's possession or accompany the application; formal (court-hearing) proceedings are used when there is a dispute. A bond is required unless waived by the will or by all heirs or beneficiaries, or another statutory exception applies (such as a qualified bank or trust company, the public fiduciary, or a surviving spouse seeking appointment in a small estate eligible for summary procedures). Most proceedings must start within two years after death.

Question 21

Does Arizona have an affidavit of heirship?

Accepted Answer

Arizona has no general affidavit of heirship, but it has a statutory Affidavit of Succession to Real Property for small real estate holdings. Six months after death, if no personal representative has been appointed and the Arizona real estate, less liens, is worth no more than $300,000 (by assessed full cash value), the successors can file the affidavit with the superior court; a certified copy is then recorded with the county recorder where the property is located. Larger estates require probate.

Question 22

How can you avoid probate in Arizona?

Accepted Answer

Non-probate options in Arizona include: beneficiary deeds for real estate, recorded before death (A.R.S. § 33-405); payable-on-death and joint survivorship bank accounts, which belong to the survivor or POD payee (A.R.S. § 14-6212); transfer-on-death registration of securities (A.R.S. § 14-6301 and following); a transfer-on-death beneficiary designation attached to a vehicle title at the owner's request (A.R.S. § 28-2055); property in a funded revocable trust (A.R.S. § 14-10602); and small estate affidavits for up to $200,000 of personal property and $300,000 of real estate (A.R.S. § 14-3971).

Question 23

Where can I get a power of attorney form in Arizona?

Accepted Answer

Arizona has no fill-in statutory financial power of attorney form, but A.R.S. 14-5501(D) sets execution rules and gives the required wording for the principal's declaration, witness affidavit and notary jurat. A financial (durable) power of attorney must clearly state the intent to create a power of attorney and identify the agent; be signed by the principal (or by another person in the principal's conscious presence and at their direction); be witnessed by one person who is not the agent, the agent's spouse or children, or the notary; and be acknowledged before a notary, with the witness's affidavit sworn before the notary. For health care, the Arizona Attorney General's Life Care Planning page offers free forms: Health Care Power of Attorney, Mental Health Care Power of Attorney, Living Will, and Pre-Hospital Medical Directive (Do Not Resuscitate, printed on orange paper).

Question 24

How do I search probate court records in Arizona?

Accepted Answer

Probate (estates of decedents) is handled by the superior court in each county. The Arizona Judicial Branch's free Public Access Case Lookup covers 177 of Arizona's 184 courts but excludes mental health and probate cases, so probate records must be requested from the court (Clerk of Superior Court) in the county where the case was filed.

Requirements for a valid will	Anyone 18 or older who is of sound mind may make a will. A paper will must be in writing, signed by the will-maker (or by another person in the will-maker's name, in their conscious presence and at their direction), and signed by at least two witnesses, each signing within a reasonable time after seeing the signing or the will-maker's acknowledgment of the signature or the will. Re-verified 2026-10-27. Source: A.R.S. §§ 14-2501, 14-2502
Handwritten (holographic) wills	Yes. A will that does not meet the witness rules is valid as a holographic will, witnessed or not, if the signature and the material provisions are in the will-maker's handwriting. Re-verified 2026-10-27. Source: A.R.S. § 14-2503
Self-proving affidavit	Yes. A will can be made self-proved when it is signed, or at a later time, by the will-maker's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths. The statute provides a sample form. Re-verified 2026-10-27. Source: A.R.S. § 14-2504

Probate steps	Probate is handled by the superior court in each county. Most proceedings must start within two years after death. The main steps are: application for informal probate or petition for formal probate and appointment of a personal representative; letters issued; publishing notice to creditors once a week for three weeks and mailing notice to known creditors; preparing an inventory within 90 days after appointment (filed with the court, or sent to heirs or beneficiaries); paying claims and distributing the estate; and closing. Re-verified 2026-10-27. Source: A.R.S. §§ 14-3108, 14-3706, 14-3801
Simplified probate	Small estate summary procedure: if the inventory shows the estate is worth no more than the allowance in lieu of homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate without notice to creditors and close it with a sworn closing statement. Appointment ends one year after the statement is filed if nothing is pending. Re-verified 2026-10-27. Source: A.R.S. §§ 14-3973, 14-3974
Small estate affidavit	Personal property: 30 days after death, a successor can collect personal property (bank accounts, money owed, stock, vehicles) by affidavit if no personal representative has been requested or appointed and all personal property, less liens, is worth no more than $200,000; funeral and last-illness expenses must be paid. A surviving spouse can also collect up to $5,000 of unpaid wages by affidavit at any time. Real property: six months after death, successors can file an affidavit of succession to real property in the superior court if the Arizona real estate, less liens, is worth no more than $300,000 (based on the assessed full cash value); a certified copy is then recorded with the county recorder. Superior courts provide the affidavit forms (for example, Maricopa County forms PBSE11f for personal property and PBSE12f for real property). Re-verified 2026-10-27. Source: A.R.S. § 14-3971
Deadline for creditor claims	Creditors must present claims within four months after the first published notice. A known creditor who is mailed notice has until the later of four months after publication or 60 days after the mailing. In any case, claims that arose before death are barred two years after death plus any time remaining in a notice period. Re-verified 2026-10-27. Source: A.R.S. §§ 14-3801, 14-3803
Who can be executor	Priority for appointment: the person named in the will, then a surviving spouse who is a beneficiary, other beneficiaries, the surviving spouse, other heirs, the Department of Veterans' Services (for veterans and their families), any creditor after 45 days, and the public fiduciary. The statutes set no Arizona residency requirement. A bond is required unless the will waives it, all heirs or beneficiaries file written waivers, the representative is a qualifying bank or trust company or the public fiduciary, or the surviving spouse applies for a small estate eligible for summary procedures; the court may still order a bond if an interested person shows a risk. Re-verified 2026-10-27. Source: A.R.S. §§ 14-3203, 14-3603
Finding probate court records	Probate (estates of decedents) is handled by the superior court in each county. The Arizona Judicial Branch's free Public Access Case Lookup covers 177 of Arizona's 184 courts but excludes mental health and probate cases, so probate records must be requested from the court (Clerk of Superior Court) in the county where the case was filed. Court definition: https://www.azleg.gov/ars/14/01201.htm Re-verified 2026-10-27. Source: A.R.S. 14-1201(11), 14-1302; Arizona Judicial Branch, Public Access Case Lookup

Financial power of attorney	A financial power of attorney must clearly name the agent and show intent to create a power of attorney, be signed by the principal (or for them at their direction), be witnessed by one person who is not the agent, the agent's spouse or child, or the notary, and be acknowledged before a notary with the witness's affidavit. It is durable only if it says so (for example, that it is not affected by the principal's later disability or incapacity). Arizona has no general statutory form for financial powers of attorney. Re-verified 2026-10-27. Source: A.R.S. § 14-5501
Health care directive	An adult may sign a health care power of attorney that clearly shows that intent, is dated and signed, and is either notarized or witnessed by at least one adult. The notary or witness cannot be the named agent or anyone directly providing health care to the person. The statute offers a sample form, which is optional. Re-verified 2026-10-27. Source: A.R.S. §§ 36-3221, 36-3224
Official power of attorney forms	Arizona has no fill-in statutory financial power of attorney form, but A.R.S. 14-5501(D) sets execution rules and gives the required wording for the principal's declaration, witness affidavit and notary jurat. A financial (durable) power of attorney must clearly state the intent to create a power of attorney and identify the agent; be signed by the principal (or by another person in the principal's conscious presence and at their direction); be witnessed by one person who is not the agent, the agent's spouse or children, or the notary; and be acknowledged before a notary, with the witness's affidavit sworn before the notary. For health care, the Arizona Attorney General's Life Care Planning page offers free forms: Health Care Power of Attorney, Mental Health Care Power of Attorney, Living Will, and Pre-Hospital Medical Directive (Do Not Resuscitate, printed on orange paper). Health care forms: https://www.azag.gov/issues/elder-affairs/life-care-planning Re-verified 2026-10-27. Source: A.R.S. 14-5501; Arizona Attorney General, Life Care Planning

Living will / advance directive	An adult may write a living will to control the health care treatment decisions that can be made for them. It can be part of a health care power of attorney or stand alone. A stand-alone living will must be signed the same way as a health care power of attorney: dated and signed, and either notarized or witnessed by at least one adult who affirms the person signed and appeared of sound mind and free from duress. The notary or witness cannot be the named agent or anyone directly providing the person's health care, and a single witness cannot be a relative or heir. The statute offers a sample living will form, which is optional. Re-verified 2026-10-27. Source: A.R.S. §§ 36-3221, 36-3261, 36-3262
Medical power of attorney	Arizona calls it a "health care power of attorney." An adult may name one or more adults to make health care decisions, and may also cover funeral and disposition arrangements. The document must clearly show the intent to create a health care power of attorney, be dated and signed (or marked), and be notarized or witnessed by at least one adult who was present at signing. The notary or witness cannot be the named agent or a person directly involved in the principal's health care; if only one witness is used, that witness cannot be related by blood, marriage or adoption or be an heir or will beneficiary. A fiduciary whose license was suspended or revoked generally cannot serve as agent. A sample form is in the statutes and is optional. Re-verified 2026-10-27. Source: A.R.S. §§ 36-3221, 36-3224
Revocable living trust	Arizona has adopted the Uniform Trust Code as the Arizona Trust Code. A trust is revocable unless its terms expressly make it irrevocable. The settlor can revoke or amend by substantially following the method in the trust, or, if the trust's method is not exclusive, by other methods allowed by statute. For community property, either spouse can revoke as to their share, but amendment takes both spouses. Assets must be retitled to the trustee to be governed by the trust; property held in the trust passes under its terms without probate, while assets left outside it may still need probate or a small estate affidavit. Re-verified 2026-10-27. Source: A.R.S. §§ 14-10101, 14-10602
Ways to avoid probate	Non-probate options in Arizona include: beneficiary deeds for real estate, recorded before death (A.R.S. § 33-405); payable-on-death and joint survivorship bank accounts, which belong to the survivor or POD payee (A.R.S. § 14-6212); transfer-on-death registration of securities (A.R.S. § 14-6301 and following); a transfer-on-death beneficiary designation attached to a vehicle title at the owner's request (A.R.S. § 28-2055); property in a funded revocable trust (A.R.S. § 14-10602); and small estate affidavits for up to $200,000 of personal property and $300,000 of real estate (A.R.S. § 14-3971). Re-verified 2026-10-27. Source: A.R.S. §§ 33-405, 14-6212, 14-6301, 28-2055, 14-10602, 14-3971

Executor's duties	Within 90 days after appointment, the personal representative prepares an inventory listing each item with its fair market value at death, whether it is community or separate property, and any encumbrance; the inventory may be filed with the court (with copies to interested persons who ask) or sent to each heir or beneficiary. The representative publishes notice to creditors once a week for three weeks and mails notice to known creditors; claims are due within four months after first publication (or 60 days after mailed notice, if later). After paying claims, expenses and taxes and distributing the estate, the representative may close an unsupervised estate by filing a verified closing statement no earlier than four months after appointment, and must send a copy to all distributees and unpaid claimants. Re-verified 2026-10-27. Source: A.R.S. §§ 14-3706, 14-3801, 14-3803, 14-3933
Letters testamentary	A personal representative must be appointed by court order or statement of the probate registrar in the county superior court, qualify, and be issued letters; administration begins when letters issue. Informal probate or appointment can be requested by the surviving spouse, an adult child, parent or sibling, an heir, the person nominated in the will, the Department of Veterans' Services for a veteran, and, 45 days after death, a creditor (the public fiduciary may apply if no one else is qualified and willing). The application is verified, and to probate a will the original will must be in the court's possession or accompany the application; formal (court-hearing) proceedings are used when there is a dispute. A bond is required unless waived by the will or by all heirs or beneficiaries, or another statutory exception applies (such as a qualified bank or trust company, the public fiduciary, or a surviving spouse seeking appointment in a small estate eligible for summary procedures). Most proceedings must start within two years after death. Re-verified and corrected 2026-10-27. Source: A.R.S. §§ 14-3103, 14-3108, 14-3301, 14-3603
Affidavit / determination of heirship	Arizona has no general affidavit of heirship, but it has a statutory Affidavit of Succession to Real Property for small real estate holdings. Six months after death, if no personal representative has been appointed and the Arizona real estate, less liens, is worth no more than $300,000 (by assessed full cash value), the successors can file the affidavit with the superior court; a certified copy is then recorded with the county recorder where the property is located. Larger estates require probate. Re-verified 2026-10-27. Source: A.R.S. § 14-3971

Arizona Wills, Probate and Estate Law

Quick answers for Arizona

Wills

If there is no will

Probate

Deeds and transferring a house

Power of attorney and health care directives

Estate and inheritance tax

Planning documents and avoiding probate

Executors and heirs

Official Arizona forms

Probate court and deed recording by county

Arizona estate law FAQ

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