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Estate settlement · AZ

Probate in Arizona.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Arizona estate attorney for the specifics of your situation.

Small estate threshold

Estates under $75,000

Arizona has two small-estate paths. Affidavit for personal property up to $75,000 (wait 30 days after death). Affidavit for real estate up to $100,000 (wait 6 months). Both are filed directly with whoever holds the asset (or recorded with the county for real estate) — no probate court required.

Typical timeline

612 months for full probate

Arizona offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.

Arizona does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.

Notable quirks

What makes Arizona different.

  • Arizona is a community-property state.
  • Arizona has no state estate tax and no inheritance tax.
  • Informal probate is the default for uncontested estates — the Registrar (a court clerk) approves the application without a hearing.
  • Beneficiary deeds (transfer-on-death) for real estate are recognized — record one before death and the property bypasses probate entirely.
Community property state

Arizonais a community-property state. In general, property acquired during marriage is owned half by each spouse — meaning the surviving spouse already owns half, and only the deceased’s half passes through the estate. This significantly affects what gets probated and what passes automatically to the spouse.

Key forms

What the executor will file.

  • Application for Informal Probate
    Standard path for uncontested estates.
  • Affidavit for Collection of Personal Property
    Small estate up to $75,000.
  • Affidavit for Transfer of Real Property
    Real estate up to $100,000.
Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the Arizona courts and bar association — the source of truth for current forms, fees, and procedures.

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Arizona estate attorney.

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