How to Avoid Probate in Arizona

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).

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.

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.