By Richard C. Keyt, Arizona probate attorney and former certified public accountant, KEYTLaw, LLC, Scottsdale, Arizona. Direct: 480-664-7472 · rck@keytlaw.com

 

Last updated: August 9, 2026. Reviewed against the 2025 edition of Arizona Revised Statutes Title 14 (Trusts, Estates and Protective Proceedings).

What this guide covers

Arizona probate deadline calendar for personal representatives

Most Arizona probate malpractice, self-inflicted or otherwise, is a missed deadline. Here is every hard deadline an Arizona personal representative must calendar, with the governing statute.

Arizona personal representative deadlines under A.R.S. Title 14, Chapter 3

Deadline	What must happen	Statute
At least 14 days before any hearing	Mail or personally deliver notice to every person entitled to it	§ 14-1401(A)
At or before the hearing	File proof that notice was given	§ 14-1401(C)
At the time of appointment	Begin publishing notice to creditors, once a week for three successive weeks	§ 14-3801(A)
Within 30 days of appointment	Send written notice of the appointment to all heirs and devisees	§ 14-3705
Within 90 days of appointment	Prepare the inventory and appraisement of estate property	§ 14-3706(A)
4 months after first publication	Creditor claim window closes for creditors reached by publication	§ 14-3801(A)
60 days after mailing, or 4 months after publication — whichever is later	Claim window closes for known creditors who were mailed notice	§ 14-3801(B)
Within 2 years of the date of death	Outside deadline to commence an informal probate or appointment proceeding	§ 14-3108

The 13 costly Arizona probate mistakes

Every section number below is a section of the Arizona Revised Statutes. Read each one before you act — the Arizona superior court judge overseeing the probate will expect the personal representative to have complied.

Mistake 1: Failing to give notice of the probate to everyone entitled to it

The personal representative fails to notify every person entitled to notice that an informal probate has been filed. Two groups are entitled to that notice: any person who has demanded notice under A.R.S. § 14-3204, and any person who has a prior or equal right to appointment as personal representative and has not filed a signed waiver of that right with the court (§ 14-3310).

 

Why it costs you: A person with equal or higher priority who never got notice can appear later and ask the court to set aside the appointment. Everything the personal representative did in the meantime is exposed to challenge.

 

How to avoid it: Before filing, build a written list of every heir, devisee, demanding party and person with equal or higher appointment priority. Get signed waivers from anyone with priority who is not applying.

Mistake 2: Giving notice in a manner Arizona probate law does not allow

Giving notice is not enough — the notice must be given in the form the statute requires. Under A.R.S. § 14-1401(A), notice must be given either by (i) mailing a copy at least fourteen days before the time set for the hearing by certified, registered or ordinary first-class mail, addressed to the person at the post office address given in the demand for notice, or at the person’s office or residence if known, or (ii) delivering a copy to the person personally at least fourteen days before the hearing.

 

How to avoid it: If the personal representative does not know the address of a person entitled to notice, do not guess and do not skip that person. Give notice by publication or ask the probate court for direction before the hearing date.

Mistake 3: Failing to file proof that notice was given

Giving the notice and proving the notice are two separate obligations. Under A.R.S. § 14-1401(C), the personal representative must make proof of the giving of notice and file it with the court at or before the hearing.

 

Why it costs you: A hearing goes forward on the record in front of the court. If the proof of notice is not in the file, the court can continue the hearing, and every continuance costs the estate time and money.

Mistake 4: Omitting required information from the application for informal probate

A.R.S. § 14-3301(B) contains a long list of information that must appear in every application for informal probate and appointment. Missing a single required statement is grounds for the registrar to reject the application.

 

How to avoid it: Read § 14-3301 line by line with the draft application next to it and check off each required statement. Do not rely on a form alone — forms go stale, statutes get amended.

Mistake 5: Filing the probate in the wrong Arizona county

Venue is not optional. Under A.R.S. § 14-3201(A), the probate must be filed in the Arizona county where the decedent was domiciled at the time of death. If the decedent was not domiciled in Arizona, the probate is filed in any Arizona county where the decedent’s property was located at the time of death.

 

Why it costs you: A probate opened in the wrong county may have to be dismissed and refiled — a second filing fee, a second publication run, and months of lost time.

Mistake 6: Failing to notify all heirs and devisees of the appointment within 30 days

Not later than thirty days after appointment, the personal representative must give written information about the appointment to the heirs and devisees of any will mentioned in the application. The information must be delivered or sent by first-class mail to each heir and devisee whose address is reasonably available to the personal representative (A.R.S. § 14-3705).

 

How to avoid it: Calendar this the day the letters issue. Thirty days disappears quickly while the personal representative is still gathering account statements.

Mistake 7: Failing to obtain a bond when one is required

The personal representative must obtain a bond unless (i) the will expressly waives the bond, or (ii) all of the heirs (if no will has been probated) or all of the devisees (under a will that does not waive the bond) file a written waiver of the bond requirement with the court (A.R.S. § 14-3603(A)).

 

The general rule under A.R.S. § 14-3604(A) is that the bond amount equals the value of the decedent’s personal property, plus the value of the real property less encumbrances, plus the estimated income the estate will receive in its first year.

 

How to avoid it: Get written bond waivers signed and filed before the appointment, not after. A surety bond on a $700,000 estate is a real, avoidable expense.

Mistake 8: Failing to publish a notice to creditors

Under A.R.S. § 14-3801(A), at the time of appointment the personal representative must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county. The notice must announce the appointment, give the personal representative’s address, and notify creditors to present their claims within four months after the date of first publication or be forever barred.

 

Why it costs you: Publication is what starts the four-month clock that extinguishes unknown claims. Skip it and the estate never gets the benefit of the bar — a creditor can surface after the assets are distributed.

Mistake 9: Failing to mail notice to known creditors

Publication handles unknown creditors. Known creditors get their own notice. Under A.R.S. § 14-3801(B), the personal representative must give written notice by mail or other delivery to all known creditors. That notice must tell each known creditor to present the claim within four months after the published notice, or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred.

 

How to avoid it: Pull twelve months of the decedent’s bank and credit card statements and a credit report. Anyone who appears is a known creditor and must be mailed notice.

Mistake 10: Missing the 90-day inventory deadline

Within ninety days after appointment, the personal representative must prepare an inventory of property owned by the decedent at the time of death (A.R.S. § 14-3706(A)). For each item the inventory must list, in reasonable detail:

• Its fair market value as of the date of the decedent’s death;
• Whether it is community property or separate property; and
• The type and amount of any encumbrance against it.

The personal representative may either file the original inventory with the court and send copies only to interested persons who request it, or elect not to file it with the court — in which case a copy must be delivered or mailed to each heir in an intestate estate, or to each devisee if a will has been probated, and to any other interested person who requests it (§ 14-3706(B)).

Mistake 11: Distributing estate assets to someone who is not a legal heir

If the decedent died without a valid will, the estate’s assets must be distributed to the people entitled to receive them under Arizona’s law of intestate succession, found in Title 14, Chapter 2 of the Arizona Revised Statutes.

 

Why it costs you: If the personal representative distributes an asset to a person who is not a legal heir, the personal representative is personally liable to repay the value of that asset to the estate so it can be distributed to the rightful heir. Arizona is a community property state, blended families are common, and the intestate succession result is frequently not what the family assumed.

Mistake 12: Distributing assets without getting the heir to sign a release

Arizona probate law does not require this, but it is the single cheapest piece of self-protection a personal representative can buy. Require every heir to sign a document releasing the personal representative from all claims and liability arising from serving as personal representative, in exchange for receiving the distribution.

 

Important limit: If an heir refuses to sign, the personal representative must still distribute to that heir everything the heir is entitled to receive. The release is leverage for cooperation, not a condition of inheritance.

Mistake 13: Paying heirs before paying the estate’s debts

The personal representative must make sure that, if the estate has sufficient assets, all of the decedent’s debts are paid in full or settled for less than one hundred cents on the dollar. Distribute to heirs first and fail to pay the debts, and the personal representative is personally liable to the unpaid creditors under A.R.S. § 14-3712.

Who has priority to be appointed personal representative in Arizona

Filing an application when someone else has higher priority — without a signed renunciation from that person — forces the case into formal proceedings. A.R.S. § 14-3203(A) sets this order for persons who are not disqualified:

Arizona order of priority for appointment as personal representative (A.R.S. § 14-3203(A))

Order	Who
1	The person with priority under a probated will, including a person nominated by a power conferred in a will
2	The surviving spouse of the decedent who is a devisee of the decedent
3	Other devisees of the decedent
4	The surviving spouse of the decedent
5	Other heirs of the decedent
6	The Arizona Department of Veterans’ Services, if the decedent was a veteran or the spouse or child of a veteran
7	Any creditor, 45 days after the death of the decedent (excluding a funeral director or funeral establishment owner who has control of the remains)
8	The public fiduciary

A person is not qualified to serve as an Arizona personal representative if the person is under the age of majority, is found unsuitable by the court in formal proceedings, or is a foreign corporation (§ 14-3203(F)).

When you can skip Arizona probate entirely

Before opening a probate, check whether Arizona’s small estate affidavit procedures apply. Under A.R.S. § 14-3971, a successor can collect certain property by affidavit without any court-appointed personal representative.

Arizona small estate affidavit thresholds (A.R.S. § 14-3971)

Property	Value limit	Waiting period	Statute
Personal property (bank accounts, securities, vehicles, tangible property), less liens and encumbrances	$200,000 as of the date of death	30 days after death	§ 14-3971(B)
Arizona real property, less liens and encumbrances	$300,000 as of the date of death	6 months after death	§ 14-3971(E)
Unpaid wages, salary or compensation owed to the decedent, paid to the surviving spouse	$5,000	Any time after death	§ 14-3971(A)

Click on one or both of these links to learn about probate exemptions for personal property under $200,000 and Arizona real estate valued under $300,000.

 

The real property affidavit under § 14-3971(E) requires that funeral expenses, expenses of the last illness and all unsecured debts of the decedent have been paid, that no other person has a right to the decedent’s interest in the property, and that no federal estate tax is due. Real property value is determined from the full cash value shown on the assessment rolls for the year the decedent died.

The order in which an Arizona estate must pay claims

If the estate’s applicable assets are not enough to pay every claim in full, the personal representative does not get to choose who gets paid. A.R.S. § 14-3805(A) sets this mandatory order:

1. Costs and expenses of administration.
2. Reasonable funeral expenses.
3. Debts and taxes with preference under federal law.
4. Reasonable and necessary medical and hospital expenses of the decedent’s last illness, including compensation of persons attending the decedent.
5. Debts and taxes with preference under Arizona law.
6. All other claims.

No preference may be given to one claim over another claim in the same class, and a claim that is due and payable gets no preference over claims that are not yet due (§ 14-3805(B)). A personal representative who pays a friendly creditor out of order and then runs out of money for a higher-priority claim has breached a fiduciary duty.

Arizona probate statute quick-reference table

Every Arizona statute cited in this guide, with what it governs

Statute	What it governs
§ 14-3108	Two-year outside time limit to commence probate proceedings
§ 14-1401	Manner of giving notice and proof of notice
§ 14-3201	Venue — which Arizona county
§ 14-3203	Priority among persons seeking appointment as personal representative
§ 14-3204	Demand for notice of any order or filing
§ 14-3301	Required contents of the application for informal probate and appointment
§ 14-3310	Notice requirement in informal appointment proceedings
§ 14-3603	When a personal representative’s bond is required
§ 14-3604	How the amount of the bond is calculated
§ 14-3705	30-day duty to inform heirs and devisees of the appointment
§ 14-3706	90-day inventory and appraisement duty
§ 14-3712	Personal liability for breach of fiduciary duty
§ 14-3801	Notice to creditors — publication and mailing
§ 14-3805	Priority of claims when the estate is insolvent
§ 14-3971	Small estate affidavits for personal property and real property

Key takeaways

• An Arizona personal representative is a fiduciary and is personally liable for breaches to the same extent as a trustee of an express trust (§ 14-3712).
• Three deadlines drive the whole case: notice to heirs and devisees within 30 days, inventory within 90 days, and the creditor claim bar four months after first publication.
• Never distribute to heirs before the creditor claim window closes and all debts are paid or settled.
• Get a signed release from every heir before handing over a distribution — but distribute anyway if the heir refuses.
• Probate generally must be commenced within two years of the date of death.
• If the estate is small enough — $200,000 in personal property or $300,000 in Arizona real property — an affidavit under § 14-3971 may make probate unnecessary.
• A funded revocable living trust avoids all of this. A will does not.

Arizona probate FAQs

What is the most common mistake an Arizona personal representative makes?

The most common and most expensive mistake is distributing estate assets to heirs before all of the decedent’s debts have been paid or settled. If the personal representative distributes assets and fails to pay the estate’s debts, the personal representative becomes personally liable to the unpaid creditors under A.R.S. § 14-3712.

Can an Arizona personal representative be held personally liable?

Yes. Under A.R.S. § 14-3712, if the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. That liability is personal — it is not paid by the estate.

How long does an Arizona personal representative have to file the inventory?

Ninety days. Under A.R.S. § 14-3706(A), within ninety days after appointment the personal representative must prepare an inventory of the property the decedent owned at death, listing each item’s fair market value as of the date of death, whether it is community or separate property, and the type and amount of any encumbrance.

How long do creditors have to file a claim against an Arizona estate?

Creditors reached by publication have four months from the date of first publication of the notice to creditors. Known creditors who are mailed a written notice have until four months after the published notice or sixty days after the mailing, whichever is later. A creditor who misses the deadline is forever barred (A.R.S. § 14-3801).

Does an Arizona personal representative have to publish a notice to creditors?

Yes. A.R.S. § 14-3801(A) requires the personal representative to publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county where the probate was opened. Publication is what starts the four-month claim bar.

Does an Arizona personal representative have to post a bond?

A bond is required unless the will expressly waives it, or all the heirs (if no will was probated) or all the devisees under a will that does not waive the bond file a written waiver with the court (A.R.S. § 14-3603(A)). When a bond is required, the amount generally equals the decedent’s personal property plus real property less encumbrances plus estimated first-year estate income (A.R.S. § 14-3604(A)).

In which Arizona county do I file the probate?

File in the Arizona county where the decedent was domiciled at the time of death. If the decedent was not domiciled in Arizona, file in any Arizona county where the decedent’s property was located at the time of death (A.R.S. § 14-3201(A)).

How long after a death can you open probate in Arizona?

Generally two years. Under A.R.S. § 14-3108, an informal probate or appointment proceeding, or a formal testacy or appointment proceeding, cannot be commenced more than two years after the decedent’s death, subject to narrow statutory exceptions.

Can I avoid Arizona probate with a small estate affidavit?

Often, yes. Under A.R.S. § 14-3971, a successor may collect personal property by affidavit thirty days after death if the estate’s personal property, less liens and encumbrances, does not exceed $200,000, and may file an affidavit of succession to Arizona real property six months after death if the real property, less liens and encumbrances, does not exceed $300,000.

 

Click on one or both of these links to learn about probate exemptions for personal property under $200,000 and Arizona real estate valued under $300,000.

Who has priority to be appointed personal representative in Arizona?

A.R.S. § 14-3203(A) sets the order: the person named in a probated will, then a surviving spouse who is a devisee, then other devisees, then the surviving spouse, then other heirs, then the Arizona Department of Veterans’ Services in veteran cases, then any creditor forty-five days after death, then the public fiduciary.

Should an Arizona heir sign a release before receiving a distribution?

Arizona probate law does not require it, but it is strongly recommended. Ask every heir to sign a document releasing the personal representative from all claims and liability arising from serving as personal representative in exchange for the distribution. If the heir refuses to sign, the personal representative must still distribute everything the heir is entitled to receive.

How much does an Arizona probate attorney cost?

KEYTLaw charges a $5,000 flat fee for an uncontested informal Arizona probate. The estate ultimately pays the fee, because the estate reimburses the personal representative for the deposit once the personal representative takes control of the estate assets.

Can I do an Arizona probate myself without a lawyer?

It is legally possible to complete a do-it-yourself Arizona probate, but the personal representative must comply with the 131 statutes in Chapter 3 of Title 14 of the Arizona Revised Statutes and personally bears the liability for every mistake. Probate is a superior court proceeding overseen by a judge who will expect full compliance with Arizona probate law.

Glossary of Arizona probate terms

Personal representative (PR)

The person appointed by an Arizona superior court to administer a decedent’s estate. Called an executor in many other states.

Informal probate

An Arizona probate handled administratively by the probate registrar without a court hearing, available when no one objects and the paperwork is complete.

Formal probate

An Arizona probate conducted before a judge, required when there is a dispute, a will contest, or a person with higher appointment priority who has not renounced.

Heir

A person entitled to a decedent’s property under Arizona’s intestate succession law when there is no valid will.

Devisee

A person designated in a will to receive property from the estate.

Intestate

Dying without a valid will, in which case Arizona statute decides who inherits.

Letters

The court document proving the personal representative’s authority to act for the estate. Banks and title companies will ask for them.

Inventory and appraisement

The itemized list of estate property with date-of-death values that the personal representative must prepare within ninety days of appointment.

Claim bar

The statutory deadline after which a creditor who has not presented a claim is forever barred from collecting from the estate.

Fiduciary duty

The legal obligation to act loyally, prudently and in the best interest of the estate and its beneficiaries. Breaching it exposes the personal representative to personal liability.

A warning before you agree to serve as personal representative

Probate is a superior court proceeding overseen by a judge who will require the personal representative to comply with Arizona probate law. As the list above shows, there are many ways for a personal representative to incur liability. Some people do complete do-it-yourself Arizona probates. The question worth asking is whether you want the headaches, the stress, and the personal exposure that come with learning Arizona probate law on the job.

 

The personal representative must comply with all 131 statutes in Chapter 3 of Title 14 of the Arizona Revised Statutes. Do you know what your fiduciary duties are? Would you rather have an experienced Arizona probate attorney advising you on how to comply with them?

How to hire Richard C. Keyt for your Arizona probate

KEYTLaw, LLC handles uncontested informal Arizona probates for a $5,000 flat fee. Here is how to hire us:

1. Get your questions answered at no charge. Call Arizona probate attorney Richard C. Keyt at 480-664-7472. There is no charge to ask questions about Arizona probate law.
2. Book a free consultation. Schedule a free office, phone or Zoom video meeting using the online calendar.
3. Complete the engagement. Fill out our online Probate Legal Service Agreement.
4. Payment option 1 — check. Send a check for $5,000 payable to KEYTLaw, LLC, to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258.
5. Payment option 2 — card. Pay by Visa, Mastercard, American Express or Discover on our secure payment page, or call legal assistant Michelle Watkins at 480-664-7413.
6. The estate reimburses you. After the probate opens and the personal representative takes control of the estate assets, the estate reimburses the personal representative the $5,000. Our fee is ultimately paid by the estate, not out of the personal representative’s pocket.

More Arizona probate and estate planning resources

• What Is Arizona Probate, When Is It Required & How to Avoid It
• Arizona Probate Attorney — all of our probate articles
• Arizona Wills, Trusts & Estate Planning Articles Library
• Arizona Estate Planning Package: 36 Documents, Services & Fixed Fees
• Essential Estate Plan Documents Every Adult Needs
• Arizona Estate Planning FAQs
• Prepare an Arizona Beneficiary Deed or Special Warranty Deed

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About the author

Richard C. Keyt is an Arizona probate, estate planning, business and tax attorney and a former certified public accountant with KEYTLaw, LLC in Scottsdale, Arizona. He opens uncontested informal Arizona probates for a $5,000 flat fee that the estate reimburses. His father, Richard Keyt, has practiced law in Arizona since 1979 and has formed more than 10,000 Arizona limited liability companies and 550 Arizona nonprofit corporations that became 501(c)(3) organizations.

 

KEYTLaw, LLC · 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 · 480-664-7472 · keytlaw.com · Serving Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler and Queen Creek, Arizona.

 

Disclaimer: This article is general information about Arizona probate law, not legal advice, and reading it does not create an attorney-client relationship. Arizona statutes change and every estate is different. Consult an Arizona probate attorney about your specific situation before acting.