Probate and Recording Deeds in Maricopa County (Phoenix), Arizona
Where to file a will or open probate, and where to record a deed, in Maricopa County (Phoenix) — with the state rules that apply.
Probate court
Superior Court of Arizona in Maricopa County - Probate and Mental Health Department
Arizona rules that apply
| 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 |
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| 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. |
| Signing and recording a deed | 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. Re-verified 2026-10-27. |
| Transfer-on-death deed | 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. Re-verified 2026-10-27. Source: A.R.S. § 33-405 |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.