Richard C. Keyt (Ricky at 480-664-7472), is an Arizona probate attorney. He and his father have 299 5-star Google reviews and 416 5-star Google, Facebook & Birdeye reviews. Ricky wants to represent the personal representative of an Arizona probate. Call, email, or book a free office, phone or Zoom video meeting with Ricky. To hire Ricky to do your probate complete our online Probate Legal Service Agreement.
If you have ever watched a family get stuck waiting six months — or longer — to inherit a home or close a bank account, you have seen Arizona probate in action. It is slow, it is expensive, it is public, and in most cases it is completely avoidable.
Below I answer the questions Arizona families ask me most often about probate. My goal is straightforward: help you understand what probate is, what it costs, and — most importantly — how a revocable living trust lets you sidestep the entire process and protect the people you love.
Arizona Probate FAQ:
Everything You Need to Know
The Basics: What Is Arizona Probate?
1. What is Arizona probate?
Arizona probate is a legal proceeding in Arizona Superior Court in which a judge or court registrar supervises the payment of a deceased person’s debts and the transfer of their remaining assets to the people who are legally entitled to receive them.
Think of it this way: when you die, your assets don’t just automatically go to your family. If those assets are in your name alone — without a beneficiary designation, a trust, or a right-of-survivorship title — the court has to get involved to officially move that property to your heirs. That process is called Superior Court probate.
One critical point that surprises many people: a will does not avoid probate. A will is simply the document that tells the probate court how you want your assets distributed. It does not prevent the court proceeding from happening — it just provides the court with your instructions for that proceeding.
2. What does “testate” and “intestate” mean?
If you die with a valid will, you died testate — and your probate assets are distributed according to your will’s instructions. If you die without a valid will, you died intestate — and Arizona’s intestate succession laws (A.R.S. § 14-2101 et seq.) decide who gets what. Those laws may not match your wishes at all. For example, if you are not married to your long-term partner, Arizona law may give your estate to distant relatives instead of the partner you intended to provide for.
3. What assets go through probate?
Only “probate assets” go through the Arizona probate court. A probate asset is any property that (1) the deceased owned an interest in at the time of death, and (2) does not transfer automatically by law or contract to another person or entity.
Common probate assets include:
- Real estate titled in the deceased’s name alone (without a beneficiary deed or right-of-survivorship title)
- Bank and investment accounts with no named beneficiary
- Vehicles and personal property
- Business interests owned individually
Common non-probate assets — assets that pass outside probate — include:
- Life insurance and annuity proceeds with a named beneficiary
- Retirement accounts (IRAs, 401(k)s) with a named beneficiary
- Real estate held as joint tenancy or community property with right of survivorship
- Real estate subject to a valid recorded Arizona beneficiary deed
- Assets held in a trust (the trustee distributes them according to the trust agreement)
4. What is the difference between a devisee and an heir?
A devisee is someone named in a will to receive property. An heir is someone entitled to property under Arizona’s intestate succession law — meaning no valid will exists. The practical difference matters: if you die intestate, Arizona law determines your heirs, and they may not be the people you would have chosen.
Arizona residents: Learn Who Inherits Your Assets if You Die without a Will or Trust — a detailed article explaining Arizona’s intestacy laws and who is legally entitled to your estate if you die without a plan.
Three Types of Arizona Probates
5. What are the three types of Arizona probate?
Arizona law recognizes three types of probate proceedings, each with a different level of court supervision:
- Informal Probate — The most common type. Overseen by a court registrar (a judge, court clerk, or commissioner) rather than a full judge. Generally cheaper and faster than the other two types because court involvement is minimal. Most uncontested probates in Arizona are informal.
- Formal Probate — Full court litigation, typically required when a will is contested, when someone challenges the appointment of a personal representative, or when other disputes arise among heirs. This can include hearings, depositions, discovery, and even a trial — just like any other civil lawsuit.
- Supervised Probate — A hybrid. Administratively similar to an informal probate, but the personal representative must obtain court approval before selling real estate or making any distributions to heirs. The personal representative must also file annual and final accountings with the court.
6. Who can open an Arizona informal probate?
Any of the following may petition the court to open an informal probate: a surviving spouse; an adult child, parent, sibling, or other heir of the deceased; a person nominated as personal representative in the will; a creditor of the deceased (after 45 days from death); or the public fiduciary if no one else steps forward.
7. Who can open a formal probate?
Any “interested person” — someone with a financial or legal stake in the estate — may file a petition to initiate a formal probate. A formal probate can be filed even if an informal probate is already open.
The Arizona Probate Process Step by Step
8. What actually happens during an Arizona probate?
Here is how an informal Arizona probate typically unfolds:
- File the petition. The prospective personal representative files an Application for Appointment with the Arizona Superior Court, asking the court to accept the will for probate (if there is one) and to formally appoint a personal representative to manage the estate.
- Court issues Letters Testamentary. If the court approves the petition, it issues a document called “Letters Testamentary,” which is the official authorization that allows the personal representative to act on behalf of the estate — signing documents, accessing accounts, and selling property.
- Publish Notice to Creditors. The personal representative publishes a Notice to Creditors in a local newspaper once a week for three successive weeks. This starts the four-month creditors’ claim period. Creditors who do not file a claim within four months after first publication are forever barred from collecting.
- Notify heirs and devisees. Within 30 days of appointment, the personal representative must formally notify all heirs and devisees (beneficiaries named in the will) of the probate opening.
- Prepare an inventory. Within 90 days of appointment, the personal representative must prepare a detailed inventory of the decedent’s assets, including fair market values as of the date of death.
- Pay debts and taxes. The personal representative collects probate assets, pays valid creditor claims, and files any required federal and state tax returns.
- Distribute assets. After the four-month creditors’ period has run, the personal representative distributes the remaining assets to the devisees (under a will) or heirs (under intestate succession).
- Close the probate. The personal representative files a closing statement or petitions the court to formally close the estate.
9. How long does an Arizona probate take?
In the best-case scenario — an uncontested informal probate with a cooperative family — expect five to eight months from opening to closing. That minimum exists because the law requires a four-month creditors’ claim period before the estate can close. Complex probates or contested estates (formal probate) can stretch to one to two years or longer, especially if a trial becomes necessary.
10. Is the process public?
Yes. Arizona probate is a public court proceeding. The inventory of assets, the value of the estate, the names of beneficiaries, and the distribution of property all become part of the public court record — accessible to anyone who looks. A revocable living trust is private. No court filing is required, and the terms of your trust remain confidential.
The Personal Representative
11. What is a personal representative?
The personal representative (called an “executor” or “executrix” in many other states) is the person or institution appointed by the court to administer the estate. The personal representative is a fiduciary — meaning they are legally required to act in the best interests of the estate and its beneficiaries, not their own interests.
12. Who can serve as personal representative?
Arizona law sets a priority order for who may be appointed. In rough order: (1) the person named as personal representative in the will, (2) the surviving spouse if they are also a beneficiary under the will, (3) other beneficiaries named in the will, (4) the surviving spouse even if not in the will, (5) other heirs, and (6) creditors after 45 days from death. A person under 18 and foreign corporations cannot serve.
13. What are the personal representative’s duties?
The personal representative’s duties include: publishing the Notice to Creditors; notifying heirs and devisees; inventorying and appraising all probate assets; collecting and safeguarding assets; paying valid debts and taxes; managing estate property; and ultimately distributing the remaining assets to the rightful beneficiaries. Failure to perform these duties properly can expose the personal representative to personal liability — meaning they can be sued for mistakes that harm the estate.
14. Does the personal representative need to post a bond?
A bond is required unless: (1) the will expressly waives the bond requirement, (2) all heirs or devisees file a written waiver with the court, or (3) the personal representative is a qualifying financial institution. The bond amount is generally equal to the total value of the estate’s personal and real property plus one year’s expected income.
15. Is the personal representative entitled to be paid?
Yes. Arizona law provides that a personal representative is entitled to “reasonable compensation” for their services. If the will specifies a compensation amount and the personal representative accepts the appointment, that amount controls — unless the personal representative formally renounces that provision before qualifying, in which case they are entitled to reasonable compensation under the law.
The Cost of Arizona Probate
16. How much does an Arizona probate cost?
The total cost of an Arizona probate includes:
- Attorney’s fees — Unlike California, Arizona does not allow attorneys to charge a percentage of the estate’s value. Attorneys charge hourly rates. A simple, uncontested informal probate we do is $5,000 in attorney’s fees alone, regardless of the estate’s size. Contested or complex probates cost significantly more.
- Court filing fees — The Maricopa County Superior Court filing fee is approximately $206.
- Publication costs — Publishing the Notice to Creditors in a newspaper costs roughly $30–$60.
- Bond premiums — If a bond is required, there is an annual premium cost.
- Personal representative compensation — Unless waived, this is an additional cost to the estate.
KEYTLaw handles uncontested informal Arizona probates for a flat fee of $5,000. The personal representative pays this fee when hiring us, and then the estate reimburses the personal representative — so the money does not come out of the personal representative’s own pocket permanently.
By contrast, a comprehensive revocable living trust-based estate plan from KEYTLaw avoids probate entirely — typically at a fraction of what even a simple probate would cost, and without the delay, court supervision, or public disclosure.
How to Avoid Arizona Probate
17. How does property transfer after death without probate?
When an Arizona resident dies, all property passes by one of three methods:
- By operation of law — automatically, without a court proceeding;
- By contract — according to a legally binding beneficiary designation or trust agreement; or
- By Arizona probate law — through the Superior Court process.
The goal of proper estate planning is to ensure that all of your assets pass by method 1 or 2, so that nothing is left for method 3.
18. What types of property transfer automatically by law?
Arizona law provides that certain property passes automatically at death without any court proceeding:
- Joint tenancy property — When one joint tenant dies, that person’s interest passes automatically to the surviving joint tenant(s).
- Community property with right of survivorship — When one spouse dies, their community property interest passes automatically to the surviving spouse. Important note: Regular community property (without the right of survivorship) does not transfer automatically — it becomes a probate asset. Always check the deed to see exactly how title is held.
- Arizona Beneficiary Deed — A beneficiary deed is a recorded deed that names who receives your real estate at death. As long as the deed was properly signed and recorded during your lifetime, the property passes to the named beneficiary without probate. This is an excellent tool for single-asset situations. To hire us to prepare a Beneficiary Deed for Arizona real property submit our online questionnaire.
To learn more about Beneficiary Deeds go to:
- How to Avoid Probating Arizona Land: Guide to Beneficiary Deeds
- Benefits of an Arizona Beneficiary Deed
- To hire us to prepare a Beneficiary Deed for $495 complete and submit our Arizona Beneficiary Deed questionnaire.
19. What types of property transfer by contract, without probate?
The most common contractual transfers that avoid probate are:
- Life insurance, annuities, and retirement accounts — These pass directly to your named beneficiaries outside of probate. If no beneficiary is named — or if the named beneficiary predeceases you and no contingent beneficiary was designated — the asset can become a probate asset.
- Trust assets — Property held in the name of a trustee under a trust agreement passes according to the trust’s instructions at death, completely outside probate. This is the most powerful and flexible probate-avoidance tool available.
20. What is a revocable living trust, and how does it avoid probate?
A revocable living trust is a legal agreement you create during your lifetime. You transfer ownership of your property — your home, bank accounts, investments, business interests — into the trust. You serve as your own trustee while you are alive and well, so you maintain complete control. You can amend or revoke the trust at any time.
When you die, the successor trustee you named (your spouse, adult child, or trusted friend) steps in and distributes your assets to your beneficiaries exactly as you instructed — without filing anything in court, without waiting months, and without the matter becoming a public record.
This is why I tell every Arizona family: a will alone is not a complete estate plan. A will tells the probate court what you want. A revocable living trust keeps your family out of probate court entirely.
21. Do I need to transfer my assets into the trust for it to work?
Yes — and this is one of the most common mistakes people make. Creating the trust is only the first step. For the trust to work as intended, you must actually fund it — meaning you must legally transfer title to your assets into the trust’s name.
Real estate must be transferred by a new deed. Bank and investment accounts must be re-titled. Business interests need to be reassigned. If an asset remains in your personal name at death rather than in the trust, it becomes a probate asset and the whole point of the trust is defeated for that asset.
At KEYTLaw, every estate plan we prepare includes a deed transferring your home into your trust — because we know that the home is usually the largest asset, and it is the one most likely to cause a probate if overlooked.
22. Does a will work together with a revocable living trust?
Yes. In a trust-centered estate plan, you also sign what is called a “pour-over will.” This is a backup will that captures any assets you forgot to transfer into the trust during your lifetime and “pours” them into the trust at death through a probate proceeding. The pour-over will is a safety net — ideally it never has to be used — but it ensures that even overlooked assets ultimately follow your trust’s instructions.
23. Are joint tenancy and beneficiary designations enough to avoid probate without a trust?
They can avoid probate for specific assets, but they are not a complete substitute for a properly structured estate plan. Here is why:
- Joint tenancy works fine for a married couple — until both spouses die, at which point the survivor’s estate has no surviving joint tenant, and the property goes to probate.
- Beneficiary designations can fail if the named beneficiary predeceases you and you never updated the designation.
- Neither tool addresses what happens if a beneficiary is a minor, has special needs, or has creditor problems.
- Neither allows you to protect your beneficiaries’ inheritance from their future creditors, divorce proceedings, or bankruptcy.
A revocable living trust with nested irrevocable asset-protection trusts for your beneficiaries addresses all of these gaps. That is the gold standard of Arizona estate planning.
Small Estate Exceptions to Arizona Probate
24. Is there a way to avoid full probate for a small estate?
Yes. Arizona law provides simplified affidavit procedures for smaller estates:
- Personal property under $200,000 — If the total value of all personal property in the estate (wherever located), less liens and encumbrances, does not exceed $200,000, a person entitled to inherit that property can collect it by presenting a sworn affidavit to the holder of the property — at least 30 days after the date of death. No court filing is required. KEYTLaw prepares an Affidavit for Collection of Personal Property for $497.
- Real property with equity under $300,000 — If the total value of all Arizona real property in the estate, less liens and encumbrances, does not exceed $300,000, an heir may file an Affidavit for Succession to Real Property in the Superior Court at least six months after the date of death. Once the court certifies the affidavit and it is recorded with the county recorder, title is transferred. KEYTLaw prepares this affidavit, files it with the court, and records the certified copy for $1,497.
- Wages owed by an employer — A surviving spouse may collect up to $5,000 in unpaid wages owed to the deceased by the employer, simply by presenting an affidavit to the employer — no probate required.
Keep in mind: if your estate is above these thresholds or if the assets in question are real estate worth more than $300,000 in equity, a full probate is required unless you have a trust that owns the asset(s) or other non-probate arrangement in place.
Arizona Wills and Probate
25. What makes a will valid in Arizona?
For a will to be legally valid in Arizona, it must be (1) in writing, (2) signed by the person making it (the “testator”), and (3) signed by at least two witnesses, each of whom signed within a reasonable time after witnessing the testator sign the will or acknowledging it. (A.R.S. § 14-2502.)
26. Is a handwritten will valid in Arizona?
Yes — Arizona recognizes “holographic” wills, meaning a will that is entirely in the testator’s own handwriting and signed by the testator, even if it has no witnesses. (A.R.S. § 14-2503.) If you write a holographic will, write every word in your own handwriting to prevent disputes over whether the “material provisions” were handwritten.
That said, I strongly advise against relying on a holographic will. It still goes through probate, and a homemade will is far more likely to create confusion, disputes, or unintended results than a properly drafted estate plan prepared by an attorney.
27. Is a will signed in another state valid in Arizona?
Generally, yes. A written will is valid in Arizona if its signing complied with the laws of the place where it was signed or the laws of the decedent’s domicile at the time of signing or death. (A.R.S. § 14-2506.) However, even a valid out-of-state will still goes through Arizona probate for Arizona assets.
28. If I have a will, who gets my property if I die without a trust?
Your probate assets go to the people or entities named in your will — but only after the probate court has supervised the process, creditors have had four months to file claims, and the personal representative has completed all required duties. Expect a minimum of five to eight months and thousands of dollars in legal and court costs before your beneficiaries see anything.
How We Help Arizona Families Avoid Probate
29. What does a KEYTLaw estate plan include?
Every complete estate plan we prepare contains all ten of the following documents — because a truly complete plan requires more than just a trust:
- Revocable Living Trust — The cornerstone of your estate plan that keeps your family out of probate court.
- Certification of Trust — A summary document your bank, title company, or financial institution can use to verify the trust’s existence without seeing the entire trust document.
- Healthcare Power of Attorney — Authorizes a trusted person to make healthcare decisions if you cannot.
- HIPAA Authorization — Allows your trusted person to access your medical records.
- Financial Power of Attorney — Authorizes someone to manage your finances if you become incapacitated.
- Living Will (Advance Directive) — States your end-of-life medical wishes.
- Deed Transferring Your Home to the Trust — We prepare and record this deed so your home is actually inside the trust — not just supposed to be.
- Designation of Guardian for Minor Children — Names who you want to raise your children if you and your spouse die.
- Assignment of Personal Property to the Trust — Transfers personal property (furniture, jewelry, collectibles) into the trust.
- Personal Property Memorandum — A separate document you can update at any time (without changing the trust) to specify exactly who gets specific items of personal property.
30. Should I also protect my beneficiaries’ inheritances?
Absolutely — and most people never think about this until it is too late. When your beneficiaries receive their inheritance outright, that money is immediately exposed to their creditors, a divorcing spouse, or bankruptcy proceedings. An irrevocable asset-protection trust inside your estate plan holds each beneficiary’s inheritance in a protected structure — shielding it from those very real threats while still giving the beneficiary meaningful access and use of the funds.
This is one of the most valuable things an estate plan can do for the people you love, and it costs nothing extra to include in the plan’s design.
Bottom Line: Arizona Probate Is Optional
Probate is not inevitable. It is the default outcome when someone dies without a plan — or without the right plan. Every Arizona family that owns a home, a retirement account, an investment account, or a business interest deserves a proper estate plan built around a revocable living trust.
A will alone is not enough. Joint tenancy alone is not enough. A beneficiary designation alone is not enough. The only complete solution is a fully funded revocable living trust-based estate plan that transfers your assets privately, efficiently, and without court supervision — exactly the way you intend.
I have been helping Arizona families protect their loved ones since 1979. I would be glad to answer your questions and explain exactly what a KEYTLaw estate plan would do for you.
Book a free office, phone, or Zoom consultation at https://www.keytlaw.com/calendar. There is no pressure and no obligation — just a straightforward conversation about protecting your family.
Learn more about Arizona estate planning by going to our library of 36 articles about wills, trusts & estate planning.
Richard C. Keyt is an Arizona estate planning attorney. He has created many revocable living trust-based estate plans for Arizona families. This article is provided for general educational purposes and does not constitute legal advice. For advice about your specific situation, please consult an Arizona estate planning attorney.
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To protect your most valuable assets—your loved ones— read our article that describes the 36 documents and services you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this video about the documents and services.