Arizona Probate Attorney $5,000 Flat Fee

Losing a loved one is hard enough without also having to figure out an Arizona Superior Court probate. If you have been asked to settle the estate of a family member who died in Arizona, you probably have the same questions almost every family has: Does this estate even need a probate? Who is in charge? What are the deadlines? How long will it take and what will it cost? This page answers those questions in plain English so you understand the process before you talk to anyone.

Arizona probate attorney and former CPA Richard C. Keyt handles uncontested informal Arizona probates for a $5,000 flat fee, and the estate (not you personally) ultimately pays it. Call Ricky directly at 480-664-7472, email rck@keytlaw.com, or book a free office, phone or Zoom video consultation. We never charge to talk about your probate.

To hire Richard C. Keyt to do an Arizona probate submit our Arizona Probate Questionnaire.

Arizona Probate at a Glance

These are the numbers and deadlines that matter most in a typical Arizona probate.

What Is Arizona Probate?

Probate is the Superior Court process that gives someone legal authority to collect a deceased person's assets, pay the decedent's valid debts and expenses, and transfer what is left to the people entitled to it. The person in charge is called the personal representative (other states use the terms executor or administrator). Until the court appoints a personal representative and issues Letters of Appointment, nobody has legal power to sign for the estate, so banks, title companies and brokerage firms will refuse to release assets titled in the decedent's name alone.

A common misunderstanding is that having a will avoids probate. It does not. A will tells the court who should inherit and who should serve as personal representative, but the will itself has to go through probate to be carried out. Arizona probate law is found in Title 14 of the Arizona Revised Statutes, which is based on the Uniform Probate Code and is generally simpler and less expensive than probate in many other states.

Does the Estate Need a Probate?

Whether an Arizona estate needs a probate depends on how each asset was titled on the date of death, not on whether there was a will. Go through the assets one by one.

These assets usually force a probate if their total value is above the small estate limits:

• Real estate titled in the decedent's name alone with no beneficiary deed
• Bank, brokerage and investment accounts in the decedent's name alone with no payable-on-death (POD) or transfer-on-death (TOD) beneficiary
• Vehicles, business interests and other property titled only to the decedent
• Assets payable to "my estate," or to a beneficiary who died before the decedent with no backup beneficiary

These assets pass outside probate and the court is not involved:

• Assets owned by the decedent's revocable living trust
• Real estate with a recorded beneficiary deed (A.R.S. § 33-405). Hire us to prepare a Beneficiary Deed that will avoid probate on the death of owner(s) of the Arizona real estate. See Use an Arizona Beneficiary Deed to Transfer Your Home to Your Trust.
• Property owned as joint tenants with right of survivorship or as community property with right of survivorship
• Life insurance, IRAs, 401(k)s and annuities with a living named beneficiary
• POD and TOD bank and investment accounts

If every asset falls in the second list, no probate is needed. If some assets fall in the first list, the next question is whether they are small enough for a small estate affidavit.

Small Estate Affidavits: The No-Probate Shortcut

Arizona lets heirs skip probate entirely for smaller estates under A.R.S. § 14-3971:

• Personal property worth $200,000 or less net of liens (bank accounts, vehicles, stocks and similar assets). The heirs may use an affidavit to collect it once 30 days have passed since the death, as long as no personal representative has been appointed. We charge $800 to prepare a small probate estate affidavit for personal property. See our guide to the Arizona small estate affidavit for personal property.
• Arizona real estate worth $300,000 or less net of liens and encumbrances. This affidavit cannot be used until six months after the death, and it must be filed with the Superior Court and then recorded with the county recorder. We charge $1,600 to prepare a small probate estate affidavit for Arizona real estate. See our step-by-step guide to the real property small estate affidavit.

Small estate affidavits cost a fraction of a probate, but they must be filled out correctly or the bank, title company or court will reject them. To have us prepare yours, submit our small estate affidavit questionnaire.

Informal vs. Formal Probate

Arizona has two main kinds of probate. Most families qualify for the faster, less expensive informal probate.

The Arizona Probate Process Step by Step

Here is the typical path of an uncontested informal Arizona probate:

1. Find the original will and lodge it with the court. The court generally needs the original, not a copy.
2. File the application for informal probate and appointment of a personal representative with the Superior Court in the county where the decedent lived. The application tells the court about the decedent, the heirs, the will (if any) and who should serve. Arizona gives priority to the person named in the will, then to certain family members (A.R.S. § 14-3203).
3. Personal representative is appointed. The registrar signs the order, the personal representative accepts the appointment, and the court issues Letters of Appointment. A bond may be required unless the will waives it or the court excuses it.
4. Get an EIN and open an estate bank account. The estate is a separate taxpayer. All estate money runs through this account so there is a clean record of every dollar in and out.
5. Mail notice of appointment to the heirs and devisees within 30 days.
6. Notify creditors. Publish a notice to creditors once a week for three consecutive weeks in a newspaper in the county, and mail notice to known creditors. Claims not presented in time are generally barred.
7. Prepare the inventory of estate assets and their date-of-death values within 90 days after appointment.
8. Collect assets, pay valid debts, expenses and taxes, including the decedent's final income tax returns and any estate income tax returns.
9. Distribute the remaining assets to the people named in the will, or to the heirs under Arizona law if there is no will, after the creditor period ends.
10. Close the estate by filing a closing statement with the court and giving an accounting to the beneficiaries.

A simple, uncontested Arizona probate commonly takes about six months to a year. The four-month creditor period sets the minimum, and real estate sales, tax returns and family disagreements are the usual reasons an estate takes longer.

Duties of the Personal Representative

Serving as personal representative is an honor, but it is also a legal job with real responsibility. A personal representative is a fiduciary who must act in the best interests of the estate and its beneficiaries. That means keeping estate money separate from personal money, protecting and insuring estate property, keeping records, treating beneficiaries fairly, and following the court's deadlines.

A personal representative who pays the wrong people, distributes assets too early, misses deadlines or mixes estate funds with personal funds can be personally liable for the loss. The good news is that a personal representative may hire an attorney, have the estate pay the legal fees, and receive reasonable compensation for his or her own time (A.R.S. § 14-3719). Our article 13 Costly Arizona Probate Mistakes & How to Avoid Them explains the errors we see most often.

Who Inherits When There Is No Will?

If the decedent died without a will, Arizona's intestate succession statutes decide who inherits. Under A.R.S. § 14-2102, a surviving spouse inherits the entire estate if the decedent had no children or other descendants, or if all of the decedent's descendants are also descendants of the surviving spouse. If the decedent had children from a prior relationship, the surviving spouse receives one-half of the decedent's separate property and none of the decedent's one-half of the community property, and the decedent's descendants receive the rest.

With no surviving spouse, the estate generally goes to the decedent's children (and the descendants of a deceased child), then to parents, then to siblings and their descendants, and then to more distant relatives. Blended families are where intestate succession most often produces results the decedent never intended.

See our article called Who Inherits Assets of an Arizona Resident Who Dies without a Will or Trust?

Our $5,000 Flat Fee Probate Service

Richard C. Keyt handles uncontested informal Arizona probates for a $5,000 flat fee. A flat fee means you know the cost up front instead of watching an hourly bill grow. Because legal fees are a proper expense of administering the estate, the estate ultimately pays the fee, not you personally. Contested or formal probates are quoted separately after we learn the facts.

Ricky is an attorney and former CPA, which matters in probate. Estates must deal with final income tax returns, estate income tax returns, asset valuations and accounting to the beneficiaries, and he understands both the legal and the financial side of the job.

To get started, submit our Arizona Probate Questionnaire, or book a free office, phone or Zoom video consultation first if you have questions.

Arizona Probate FAQs

How much does an informal uncontested Arizona probate cost?

Costs include the Superior Court filing fee, the cost of publishing the notice to creditors, certified copies of the Letters of Appointment, and attorney fees. Our attorney fee for an uncontested informal probate is a $5,000 flat fee, which the estate ultimately pays.

How long does an Arizona probate take?

A simple, uncontested informal probate commonly takes about six months to a year. It cannot close until the four-month creditor claim period ends. Selling real estate, filing tax returns, locating heirs and family disputes can add time.

Can I do an Arizona probate without a lawyer?

Arizona law allows it, but the personal representative is personally responsible for getting it right. Defective notices, missed deadlines and distributions made too early are common and can cost far more than the legal fee. Read Arizona Probate Without a Lawyer: 5 Risks of Going DIY before you decide.

Is there a deadline to start a probate in Arizona?

Yes. An informal probate or appointment generally must be started within two years after the death. After that, options become more limited and usually more expensive, so do not wait.

What if the decedent lived in another state but owned Arizona real estate?

The Arizona property may require an ancillary probate in the Arizona county where the property is located, in addition to the probate in the decedent's home state. In some cases a small estate affidavit can be used for the Arizona real estate instead.

Does Arizona have an estate tax or inheritance tax?

No. Arizona has neither an estate tax nor an inheritance tax. Only very large estates owe federal estate tax, because the federal exemption is $15 million per person in 2026.

Do the decedent's debts have to be paid before the heirs inherit?

Yes. Valid debts, funeral expenses, administration costs and taxes are paid from estate assets before distributions. Heirs are generally not personally responsible for a decedent's debts unless they co-signed or were otherwise legally obligated.

How can I keep my own family out of probate?

A will alone does not avoid probate. A properly funded revocable living trust, beneficiary deeds and beneficiary designations on accounts can keep your family out of court. See our Arizona Wills, Trusts & Estate Planning Articles to learn how.

Arizona Probate Articles & Resources

• Must Read: What is Arizona Probate, When Is It Required & How to Avoid It. Plain-English answers to the questions almost every family asks.
• Do You Need an Arizona Probate? Guide by AZ Probate Attorney. The asset-by-asset title analysis that tells you whether the Superior Court has to get involved.
• How to Do an Arizona Probate. The complete start-to-finish roadmap, from filing the application to closing the estate.
• Arizona Probate Without a Lawyer: 5 Risks of Going DIY. Five ways a do-it-yourself probate commonly backfires.
• 13 Costly Arizona Probate Mistakes & How to Avoid Them. The errors we see most often and the simple step that prevents each one.
• How to Hire an Arizona Probate Attorney. What the $5,000 flat fee covers and the steps to hire Richard C. Keyt.
• Arizona Small Estate Affidavit for Personal Property Under $200,000. Who qualifies, the 30-day waiting period and how to use the form.
• Arizona Small Estate Affidavit for Real Estate Under $300,000. The six-month wait, the court filing and the traps that get affidavits rejected.
• Hire Us to Prepare a Small Estate Affidavit. Submit our short questionnaire and we will prepare, file and record the affidavit for you.
• Arizona Probate Questionnaire. Ready to start? Complete the online Probate Legal Service Agreement and questionnaire and Richard C. Keyt will begin opening your probate.

This page provides general information about Arizona law and is not legal advice for your specific situation. Reading it does not create an attorney-client relationship.