How to Probate an Estate in Arizona: Step-by-Step Guide

If a loved one died owning assets that must go through probate, someone has to start the case. In Arizona that person files papers with the Superior Court in the county where the deceased person lived, asks to be appointed personal representative, and then follows a series of statutory steps until the estate is closed.

This article walks through the ten questions families ask most often when they are ready to begin: how to start, the steps in the process, the documents needed, where to file, the deadlines, whether you can file online, what happens at a hearing, the difference between informal and formal probate, and what to do when the original will is missing or the death happened years ago.

Questions Answered in This Article

• How do I start probate in Arizona?
• What are the steps in the Arizona probate process?
• What documents are needed to open probate in Arizona?
• Where do I file probate papers in Arizona?
• How soon after someone dies must probate be started in Arizona?
• Can probate be started online in Arizona?
• What happens at the first probate court hearing?
• What is the difference between formal and informal probate in Arizona?
• Can I start probate if I cannot find the original will?
• Can I open an Arizona probate if the person died several years ago?

Opening an Arizona Probate

How do I start probate in Arizona?

You start an Arizona probate by asking the Superior Court to appoint a personal representative. In most cases that is done informally, by filing an application with the court's probate registrar rather than a petition heard by a judge.

The basic steps to open the case are:

• Confirm probate is actually needed. Check whether the assets can pass by beneficiary designation, survivorship, beneficiary deed, trust or small estate affidavit first.
• Locate the original will, if there is one. Informal probate requires the original.
• Determine who has priority to serve as personal representative under A.R.S. §14-3203. The person named in the will comes first. Without a will, the surviving spouse and then other heirs have priority. Anyone with equal or higher priority who is not applying must usually sign a renunciation or nomination.
• Prepare the court papers, which typically include the application for informal probate of a will and appointment of a personal representative (or appointment in intestacy if there is no will), the proposed order or statement of informal probate, the personal representative's acceptance of appointment, the proposed Letters of Personal Representative, any required bond or bond waivers, and the county's required cover sheet and information forms.
• File the papers and pay the filing fee at least 120 hours (five days) after the death (A.R.S. §14-3307).

If the registrar approves the application, the registrar signs the statement of informal probate and the order of appointment, and the clerk issues Letters. The Letters are the document banks, title companies and others rely on as proof of the personal representative's authority.

What are the steps in the Arizona probate process?

A typical uncontested Arizona probate follows these steps:

• 1. Open the case. File the application, original will and death certificate and obtain the order of appointment and Letters.
• 2. Notify heirs and devisees. Within 30 days after appointment, the personal representative must mail notice of the appointment to the heirs and devisees (A.R.S. §14-3705). If a will was informally probated, notice of that also goes out (A.R.S. §14-3306).
• 3. Publish and mail notice to creditors. The personal representative publishes a notice to creditors once a week for three consecutive weeks in a newspaper of general circulation and mails notice to known creditors (A.R.S. §14-3801). Creditors generally have four months after the first publication to present claims.
• 4. Open an estate bank account. Obtain an employer identification number (EIN) for the estate from the IRS and open an account in the estate's name.
• 5. Collect and protect assets. Take control of property, change locks, keep insurance in force and collect money owed to the decedent (A.R.S. §14-3709).
• 6. Prepare the inventory. Within 90 days after appointment, prepare an inventory listing each asset, its date-of-death value and whether it is community or separate property (A.R.S. §14-3706).
• 7. Review and pay claims. Allow or disallow claims, and pay valid claims in the order the law requires (A.R.S. §14-3805).
• 8. File tax returns. File the decedent's final income tax returns and any estate income tax returns.
• 9. Distribute the estate. After the creditor period, transfer the remaining property to the heirs or devisees, usually with signed receipts.
• 10. Close the estate. File a closing statement no earlier than four months after the original appointment (A.R.S. §14-3933) and send it with an accounting to the distributees.

In a simple estate, these steps take about five to six months.

What documents are needed to open probate in Arizona?

The exact forms vary by county, but an informal probate application generally requires:

• A certified copy of the death certificate.
• The original will and any codicils. A copy is not enough for informal probate. If the will is self-proved under A.R.S. §14-2504, the registrar can accept it without witness testimony.
• The application for informal probate of will and appointment of personal representative, or for informal appointment in intestacy. The application states the decedent's domicile, the names and addresses of the heirs and devisees, the applicant's priority, and that the applicant is not aware of a later will (A.R.S. §14-3301).
• Acceptance of appointment signed by the proposed personal representative (A.R.S. §14-3602).
• Renunciations or nominations from anyone with equal or higher priority who is not serving.
• Bond waivers or a bond. A bond is required unless the will waives it, all heirs or devisees sign written waivers, or another exception applies (A.R.S. §14-3603).
• Proposed statement or order of informal probate, order of appointment and Letters.
• County-specific forms, such as a probate information form or cover sheet. Maricopa County, Pima County and other counties each have their own requirements.
• The filing fee.

Gather the decedent's full legal name, date of death, last address, Social Security number for the estate's internal records, and the names, addresses and relationships of every heir and devisee before you start.

Where do I file probate papers in Arizona?

You file in the Superior Court of the Arizona county where the deceased person was domiciled, meaning the person's permanent home, at the time of death (A.R.S. §14-3201). A Scottsdale resident's probate is filed in Maricopa County Superior Court. A Tucson resident's probate is filed in Pima County Superior Court.

If the deceased person did not live in Arizona but owned Arizona property, the case is filed in any Arizona county where the property is located. This is called an ancillary probate, and it usually follows a probate in the person's home state.

In Maricopa County, informal probate applications are handled by the probate registrar and filed with the Clerk of the Superior Court. As of 2026, Maricopa County does not accept electronic filing of case-initiating probate documents or original wills, so the opening papers are filed in person at a filing counter, by mail or through a filing depository. Other counties have their own filing locations and procedures. Always confirm the current filing method with the clerk of the county where you will file.

Deadlines, Filing Methods and Hearings

How soon after someone dies must probate be started in Arizona?

There are two time rules to know.

The earliest date. An informal probate or appointment cannot be granted until at least 120 hours (five days) have passed since the death (A.R.S. §14-3307). If the decedent was not an Arizona resident, the registrar generally waits 30 days unless the applicant is the personal representative appointed in the home state or the will directs that Arizona law govern.

The latest date. Under A.R.S. §14-3108, an informal or formal probate or appointment proceeding generally must be commenced within two years after the decedent's death. Arizona shortened this period from three years in recent years, so older articles that say three years are out of date.

There is no requirement to file right away, but delay has costs. Nobody has legal authority to manage the decedent's accounts, sell a house, deal with insurance claims or answer lawsuits until a personal representative is appointed. Bills, property taxes and HOA dues keep accruing, and empty houses invite damage and vandalism. The creditor claim period also does not start running until notice is published. As a practical matter, most families open the probate within a few weeks to a few months after the death.

Can probate be started online in Arizona?

Not fully. You can research, download forms and prepare much of the paperwork online, and Arizona courts use electronic filing for many documents once a case is open. But the opening of a probate case has special rules.

The original will must be delivered to the court, and as of 2026 Maricopa County does not permit electronic filing of case-initiating probate documents or original wills. Those papers must be filed at a probate filing counter, mailed, or left at a filing depository. Other Arizona counties have similar or stricter rules.

Once the case is open, later filings such as the inventory (if filed), proof of publication of the creditor notice and the closing statement may be eligible for electronic filing depending on the county and whether an attorney is filing them.

Because filing rules change and vary by county, check the current procedures with the clerk of the Superior Court before you file. An attorney who handles probates regularly will know each county's current requirements.

What happens at the first probate court hearing?

In most Arizona probates there is no hearing at all. Informal probate is designed to work without one. The probate registrar reviews the application and the will, and if everything is in order, signs the statement of informal probate and the order appointing the personal representative (A.R.S. §14-3302, A.R.S. §14-3307). The applicant never sees a judge.

A hearing is required only in a formal proceeding. Formal proceedings are used when the will is missing or its validity is in doubt, when there is a dispute about who should serve as personal representative, when someone with priority will not sign a renunciation, or when the court must decide who the heirs are. In a formal proceeding:

• The petitioner files a petition and obtains a hearing date.
• Notice of the hearing must be given to the heirs, devisees and other interested persons, generally at least 14 days before the hearing (A.R.S. §14-1401, A.R.S. §14-3403).
• If no one objects, the uncontested hearing is usually brief. The judge reviews the petition and the will, may accept the will on the strength of a self-proving affidavit (A.R.S. §14-3405), signs the order and appoints the personal representative.
• If someone files a written objection (A.R.S. §14-3404), the hearing may become the first step in a contested case with discovery, mediation and possibly a trial.

At an uncontested hearing, the petitioner or the petitioner's attorney should be prepared to answer basic questions about the decedent, the will and the heirs, and to confirm that the proposed personal representative is qualified and willing to serve.

What is the difference between formal and informal probate in Arizona?

The difference is who decides and how much court involvement there is.

Informal probate is an administrative proceeding before the probate registrar, a court officer. There is no hearing, no judge and no advance notice to heirs before appointment. The registrar checks that the application is complete, the will appears validly signed, and the applicant has priority (A.R.S. §14-3303, A.R.S. §14-3308). Informal probate is faster, cheaper and used in the large majority of Arizona estates where the family agrees.

Formal probate is a court proceeding before a judge, with notice to interested persons and a hearing (A.R.S. §14-3401). It is used when:

• The original will cannot be found or only a copy exists.
• Someone challenges the will's validity or claims a later will exists.
• Two or more people want to be personal representative, or someone with priority will not consent.
• The applicant has no statutory priority.
• The family wants a binding court order on the validity of the will or the identity of the heirs.

A formal order is final and binding on everyone who received notice, which gives more certainty than an informal statement. An informally probated will can still be contested for a limited time, generally the later of 12 months from the informal probate or two years after death (A.R.S. §14-3108).

Separate from formal versus informal is supervised administration (A.R.S. §14-3501), a rare type of formal proceeding in which the court supervises the personal representative throughout the case and must approve distributions. Most Arizona estates, including most formal ones, are unsupervised after the appointment.

Lost Wills and Late Probates

Can I start probate if I cannot find the original will?

Yes, but not informally. Informal probate requires the original will. If only a copy exists, you must file a formal testacy proceeding and ask a judge to admit the copy.

Arizona law starts with a presumption against you. Under A.R.S. §14-3415, if the original will was last in the possession of the person who made it and cannot be found after death, the person is presumed to have destroyed it with the intent to revoke it. That presumption can be rebutted by a preponderance of the evidence, for example by showing that the will was lost in a move, destroyed in a fire, or that the person repeatedly told family members it was still his or her will shortly before death.

If the presumption is overcome, the will's contents can be proved by a copy plus the testimony of at least one credible witness that the copy is a true copy of the original. If no copy exists, the contents can be proved only by clear and convincing evidence.

Before you go to court, search thoroughly: safe deposit boxes, home safes, file cabinets, the drafting attorney's office, and any electronic will custodian. Arizona also recognizes electronic wills held by a qualified custodian (A.R.S. §14-2518, A.R.S. §14-2520). Anyone who has the original will must deliver it to someone able to probate it or to the court (A.R.S. §14-2516).

If you cannot overcome the presumption of revocation, the estate passes as if there were no will, under Arizona's intestacy laws.

Can I open an Arizona probate if the person died several years ago?

Sometimes, but the rules change after two years. Under A.R.S. §14-3108, a probate or appointment proceeding generally must be commenced within two years after death. Once that deadline passes, a late probate is still possible in limited circumstances:

• No prior proceeding. If no court proceeding concerning the estate occurred within the two-year period, an informal or formal probate or appointment proceeding may still be commenced. But the personal representative's power is limited to what is necessary to confirm title in the rightful heirs or devisees, and creditors' claims (other than expenses of administration) cannot be presented (A.R.S. §14-3108).
• Determining heirs or construing a probated will. The time limit does not apply to proceedings to determine the heirs of someone who died without a will or to construe a will that has already been probated.
• Missing persons and doubtful deaths. Special exceptions apply when the death could not be established earlier.

Late probates are common when a family discovers years later that a house is still titled in a parent's name, or when a second parent dies and the family learns the first parent's share of a house never transferred. The good news is that the late probate's main job is clearing title, and creditor claims are cut off. The bad news is that the paperwork is more complicated, original wills are more often missing, and title companies scrutinize these cases closely.

If the death occurred more than two years ago, talk to an Arizona probate attorney before filing anything. Depending on the asset, a small estate affidavit under A.R.S. §14-3971 may also still be available, because it has no outside time limit.

Hire an Arizona Probate Attorney for a Flat Fee

Arizona probate attorney and former CPA Richard C. Keyt represents personal representatives in uncontested informal Arizona probates in every Arizona county for a $5,000 flat fee. The estate ultimately pays the fee, not the family members personally. Ricky has practiced law with his father, Richard Keyt, since 2012, and he handles the court filings, notices, creditor deadlines, inventory and closing documents so the personal representative can settle the estate without guessing.

To hire Richard C. Keyt, complete our Arizona Probate Questionnaire. If you have questions first, call Ricky at 480-664-7472, email him at rck@keytlaw.com, or book a free office, phone or Zoom video consultation.

To learn more, see our Arizona probate articles and Arizona probate FAQs.

Keep Your Own Family Out of Probate

Probate is what happens to families when someone dies without the right plan. Arizona estate planning attorney Richard Keyt has practiced Arizona law since 1979 and prepares custom estate plans built around a revocable living trust, which lets your family skip Superior Court probate entirely. The flat fee is $3,497 for one person and $4,497 for a married couple or life partners. See the 36 documents and services we provide.

To get started, complete our Arizona Estate Plan Questionnaire, call Richard Keyt at 480-664-7478 or email rk@keytlaw.com. See more of our Arizona Wills, Trusts & Estate Planning Articles.

This article provides general information about Arizona probate law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Statutes, court fees and procedures change, and every estate is different. Talk with an Arizona probate attorney about your specific situation.