How Probate Works in Arizona

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.

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.

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.

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.

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.

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.