How Do I Start Probate in Arizona?

What Should I Do First After Someone Dies?

Start by identifying the assets.

You do not necessarily need exact values yet.

You need a reasonable picture of what the deceased person owned and how it was titled.

Look for bank and investment accounts, real estate, vehicles, business interests, retirement accounts, life insurance, personal property, debts, a will, a trust, beneficiary designations, and any beneficiary deed or other estate-planning documents.

The question is not simply:

“What did Dad own?”

It is:

“What did Dad own that requires probate to transfer?”

That distinction can save a family from opening an unnecessary probate.

Does Having a Will Mean I Have to Open Probate?

No.

A will does not itself create the need for probate.

Probate is generally needed because of the way property is owned at death.

Suppose Mom has a will leaving everything equally to her two children. But Mom's house is owned by her revocable trust, her bank account has a POD beneficiary, and her retirement account has designated beneficiaries.

There may be little or nothing for the will to transfer through probate.

Now change the facts.

Mom owns a $500,000 Arizona house solely in her individual name with no beneficiary deed and no trust ownership.

The will may now be very important because there is an individually owned asset that may require probate administration.

The will tells us who should receive probate property. The ownership of the assets helps tell us whether probate is needed in the first place.

What If There Is No Will?

Probate can still be opened.

When someone dies without a valid will, the person is said to have died intestate.

Arizona's intestacy statutes then determine who inherits probate property.

The absence of a will does not mean:

“The state gets everything.”

And it does not mean the family can simply decide among themselves who owns the property.

If probate is required, someone may still need to be appointed as personal representative to administer the estate.

The difference is that there is no will controlling the distribution or nominating the first-priority personal representative.

Where Do I File an Arizona Probate?

Arizona probate proceedings are handled in the Superior Court.

Venue generally depends on the decedent's circumstances.

If the decedent was domiciled in Arizona at death, the proceeding is generally brought in the county where the decedent was domiciled.

If the decedent was not domiciled in Arizona but owned property here, venue may be proper in an Arizona county where the decedent's property was located.

For example, Dad lived in Phoenix when he died. His Arizona probate would ordinarily be filed in Maricopa County.

But suppose Dad lived in California and owned a rental house in Scottsdale. An Arizona probate proceeding concerning that Arizona property may still be necessary even though Dad was not an Arizona resident.

How Soon After Death Can Probate Be Opened?

Arizona law generally requires a waiting period before informal probate or informal appointment.

Under A.R.S. § 14-3302, an application for informal probate or informal appointment generally cannot be acted upon until 120 hours after the decedent's death.

That is five days.

In most real-world probate matters, the family is not ready to file within the first few days anyway. The immediate priorities are usually funeral arrangements, securing the home and other property, locating estate-planning documents, and identifying assets.

But the 120-hour rule is useful to understand because Arizona probate does not ordinarily begin with an immediate appointment on the day someone dies.

Do I Need the Original Will?

If there is a will, locate the original if possible.

Arizona law imposes duties concerning the delivery of a will after death.

The person who has custody of the will should not simply leave it in a drawer or refuse to provide it because of a family disagreement.

If the original cannot be located but a copy exists, do not automatically assume the estate must proceed as an intestate estate.

Arizona has procedures concerning lost and missing wills, although proving a missing will can require additional evidence and may make the proceeding more complicated.

What Documents Are Filed to Start Probate?

The exact documents depend on the type of probate proceeding and the circumstances.

In a relatively straightforward informal probate, the filing generally includes an application seeking informal probate of the will, if applicable, and/or informal appointment of a personal representative, together with the required supporting documents.

Other documents may address the original will, death information, the proposed personal representative, heirs and devisees, priority for appointment, and related probate requirements.

The court or registrar reviews the filing to determine whether the statutory requirements for informal probate or appointment have been satisfied.

If the matter cannot proceed informally, a formal petition and court proceeding may be required.

What Is Informal Probate?

Informal probate is Arizona's administrative procedure for relatively uncontested probate matters that satisfy the statutory requirements.

“Informal” does not mean:

“Unofficial.”

The personal representative appointed through an informal proceeding is still the legally appointed personal representative.

The distinction is primarily procedural.

In an informal proceeding, the probate registrar can act without a judge conducting a hearing on the application.

That can make the initial appointment faster and less expensive when there is no genuine dispute requiring judicial determination.

What Is Formal Probate?

A formal probate proceeding involves a petition and judicial determination.

Formal proceedings may be necessary or appropriate when there is a dispute concerning the will, disagreement over who should serve as personal representative, uncertainty about heirs, problems with a will, or another issue requiring a court decision.

For example, Dad dies with two documents that each appear to be wills. One child wants the newer document admitted. Another claims Dad lacked capacity when he signed it.

That is very different from an uncontested estate in which everyone accepts the will and agrees on the personal representative.

A formal proceeding gives the court a mechanism to decide disputed issues.

Does “Formal Probate” Mean the Entire Estate Has to Be Supervised by the Court?

No.

This distinction is important.

A formal proceeding and supervised administration are not the same thing.

A probate can involve a formal court proceeding to decide a particular issue without placing the entire estate under continuing court supervision.

Supervised administration is a separate form of administration in which the court exercises greater ongoing control over the estate.

Most Arizona estates do not need to be supervised merely because a formal hearing becomes necessary at some point.

Who Can File to Start Probate?

That depends on the proceeding.

An interested person may petition for formal probate, and Arizona law identifies who may apply for informal probate or informal appointment.

The person asking to be appointed as personal representative also needs to consider Arizona's statutory priority rules.

As discussed on our page about who can serve as personal representative, a person nominated in a probated will generally has high priority, followed by other categories established by A.R.S. § 14-3203.

Filing first does not necessarily allow someone with lower priority to defeat someone who has a superior statutory right to appointment.

What If the Person Named in the Will Doesn't Want to Serve?

That does not prevent probate.

A person nominated as personal representative can decline to serve.

The will may name a successor.

If it does not—or the successor also declines—Arizona's statutory priority rules can determine who has the next right to appointment.

For example, Mom nominates Daughter A. Daughter A lives overseas and does not want to administer the estate. The will nominates Son B as successor.

Son B may then seek appointment.

If the will contains no effective successor nomination, the family may need to look to Arizona's statutory priority rules.

Do All of the Heirs Have to Sign Before Probate Can Start?

Not necessarily.

Arizona probate does not generally require every heir or beneficiary to sign an agreement before a proceeding can begin.

Notice requirements are different from consent requirements.

Depending on the type of proceeding, interested persons may need to receive notice or information concerning the probate.

But a family member cannot necessarily prevent probate simply by refusing to sign paperwork.

If there is an actual objection, the issue may need to be addressed through the appropriate formal probate procedure.

What Is a Personal Representative?

The personal representative is the person legally authorized to administer the probate estate.

You may hear that person called an executor.

Once appointed, the personal representative may need to identify and collect estate property, protect and maintain assets, prepare an inventory, deal with creditors, manage or sell property when appropriate, keep estate records, pay proper expenses and obligations, address tax matters, distribute the remaining estate, and ultimately close the probate.

The appointment is therefore not simply an honorary title.

It creates significant authority and fiduciary responsibilities.

What Are Letters of Personal Representative?

After appointment, the personal representative can obtain evidence of the appointment commonly referred to as Letters.

Letters are important because third parties often need proof that the personal representative has legal authority to act for the estate.

A bank may ask for Letters before releasing an individually owned account. A title company may require evidence of authority when estate real property is sold. Other institutions may request Letters before recognizing the personal representative.

The will may nominate you.

The court appointment and Letters establish the authority that third parties generally need to see.

What Happens After the Personal Representative Is Appointed?

Opening the probate is only the beginning.

Arizona law imposes several duties after appointment.

For example, the personal representative generally must provide information concerning the appointment to heirs and devisees within the statutory period.

If a will was informally admitted to probate, additional information concerning that probate and a copy of the will must be provided as required by Arizona law.

The personal representative generally must also prepare an inventory of estate property within 90 days after appointment.

Creditor notice and claims procedures must be addressed. Assets must be collected and protected. The estate's legitimate obligations must be handled.

Only after the administration is sufficiently complete should the remaining property be distributed.

Do I Have to Notify Creditors?

Creditor procedures are an important part of Arizona probate.

A personal representative may publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county.

Known creditors may also require written notice.

Those notices can establish important deadlines for presenting claims.

As discussed on our creditor page, Arizona's creditor rules are more complicated than simply saying:

“Wait four months and all the debts disappear.”

The personal representative should understand the claims process before paying creditors or distributing the estate.

Do I Have to Notify the Beneficiaries?

Yes, Arizona law contains notice and information requirements following appointment and informal probate.

For example, A.R.S. § 14-3705 generally requires the personal representative, within 30 days after appointment, to give information concerning the appointment to heirs and devisees.

And when a will is informally admitted to probate, A.R.S. § 14-3306 contains additional requirements for information to heirs and devisees, including a copy of the will and information concerning the time for commencing a formal testacy proceeding.

These requirements are one reason proper administration involves more than simply obtaining Letters and distributing the money.

Do I Need to Prepare an Inventory?

Generally, yes.

A.R.S. § 14-3706 generally requires the personal representative, within 90 days after appointment, to prepare an inventory of property owned by the decedent at death.

The inventory includes reasonable detail concerning the property, its fair market value as of the date of death, and information concerning encumbrances.

Depending on the procedure used, the inventory may be filed with the court or furnished to interested persons who request it as provided by the statute.

This inventory can become particularly important when beneficiaries disagree about what was in the estate or what property was worth.

Do I Need an Estate Bank Account?

Often, yes as a practical matter.

If the estate receives money, the personal representative will generally want estate funds maintained separately from personal funds.

An estate account can receive money collected from the decedent's accounts, proceeds from property sales, refunds, income, and other estate receipts. Estate expenses and valid obligations can then be paid from the estate account.

This also creates a much cleaner record of what came into the estate and what went out.

The personal representative should not treat estate funds as personal money merely because the personal representative is also a beneficiary.

How Much Does It Cost to File Probate in Arizona?

Court filing fees vary and can change.

For example, the Maricopa County Clerk of the Superior Court currently lists a $306 filing fee for a probate petition or application.

Other expenses may include certified copies, publication of creditor notice, recording fees, appraisals, tax preparation, professional services, and attorney fees depending on the estate.

The total cost of probate therefore depends much more on the estate than on the filing fee alone.

An uncontested estate involving one house and a bank account is very different from a contested estate involving multiple properties, business interests, creditor disputes, or litigation.

Do I Need a Lawyer to Start Probate in Arizona?

Arizona does not require every personal representative in every probate to hire an attorney.

Whether proceeding without counsel is sensible is a different question.

A straightforward estate with cooperative beneficiaries may be manageable for some people.

But mistakes can become expensive.

Problems commonly arise when there is real estate, substantial creditor claims, disputes among beneficiaries, a questionable will, tax issues, missing heirs, property in multiple states, business interests, or uncertainty about what belongs to the estate.

The personal representative is also a fiduciary and can potentially face personal liability for improper administration.

The question is not merely whether you are legally allowed to do it yourself.

It is whether you understand what needs to be done.

How Long Does It Take to Open Probate?

The initial appointment can sometimes occur relatively quickly in an uncontested informal probate when the paperwork is complete and statutory requirements are satisfied.

But opening the case and completing the estate are very different things.

A personal representative may obtain authority relatively early while the entire probate remains open for many months.

Creditor periods need to run. Assets may need to be sold. Tax matters may need to be resolved. Disputes may arise.

The estate should not be distributed prematurely simply because the personal representative received Letters.

How Long Does an Arizona Probate Take?

There is no single answer.

A relatively simple uncontested probate might be completed in a matter of months after the necessary creditor and administrative periods have passed.

A complicated or contested estate can take substantially longer.

Factors include the type and number of assets, whether real estate must be sold, creditor claims, tax issues, beneficiary disputes, will contests, difficulty locating heirs, property in other states, and whether litigation becomes necessary.

The goal should not be to keep the estate open unnecessarily.

But speed should not come at the expense of proper administration.

Can I Distribute the Money as Soon as I Get Letters?

Usually that would be a bad assumption.

Appointment gives the personal representative authority to administer the estate.

It does not mean every dollar is immediately available for inheritance.

The estate may have administration expenses, creditor claims, taxes, property expenses, attorney or professional fees, and other obligations.

A personal representative who distributes everything too early may create serious problems if valid obligations later need to be paid.

Before making final distributions, the personal representative should have a reasonable understanding of the estate's assets, liabilities, claims, expenses, and remaining administrative needs.

What If the Estate Is Small?

Before opening probate, determine whether Arizona's small-estate procedures apply.

Arizona currently provides a personal-property affidavit procedure for qualifying estates with no more than $200,000 in qualifying probate personal property after liens and encumbrances, subject to the statute's additional requirements.

Arizona also has a separate procedure concerning qualifying Arizona real property with a $300,000 statutory limit and different requirements.

Those procedures are not interchangeable.

A bank account is personal property. A house is real property. And nonprobate assets may not need either procedure.

This is why looking at the entire estate before filing can be so valuable.

What If Dad Lived Outside Arizona but Owned Property Here?

Arizona probate may still be necessary.

Suppose Dad lived and died in Illinois but owned a vacation home in Scottsdale titled solely in his name.

There may be a primary probate proceeding in Illinois and a separate Arizona proceeding concerning the Arizona property.

This is commonly referred to as ancillary probate.

Our next page addresses this situation in greater detail because Arizona real estate owned by a nonresident creates a recurring probate issue.

What If I Start Probate in the Wrong County?

Venue matters, but Arizona law provides procedures for addressing proceedings filed in an improper county and situations involving competing proceedings.

The better approach is to determine proper venue before filing.

That usually begins with the decedent's domicile at death.

For an Arizona resident, that commonly identifies the proper county.

For a nonresident with Arizona property, the location of the Arizona property becomes particularly important.

What Is the Biggest Mistake Families Make When Starting Probate?

Often it is acting before understanding what they are dealing with.

Someone rushes to file probate without checking whether the assets already avoid probate.

Someone starts paying every bill that arrives.

Someone distributes Mom's personal property before an inventory is prepared.

Someone uses Mom's debit card after death.

Someone lists the house for sale before determining who has authority.

Someone assumes the will automatically gives them authority.

Or someone waits for months because nobody knows who is supposed to act.

A better approach is:

Identify the assets.

Determine how they are titled.

Locate the estate-planning documents.

Determine whether probate is actually necessary.

Identify who has priority to serve.

Then choose the appropriate probate procedure.

I Think I Need to Open Probate. What Should I Bring to the Attorney?

You do not need to have everything perfectly organized.

Bring what you have.

Helpful information can include the original will and any trust, the death certificate, a list of family members, deeds or property information, bank and investment statements, vehicle information, known debts, life insurance and retirement information, and any documents showing beneficiary designations.

Even if some information is missing, we can usually identify what needs to be found next.

Need Help Starting an Arizona Probate?

If a family member has died and you are unsure whether probate is necessary, you do not need to figure out the Arizona Probate Code before asking for help.

At The Law Offices of Jeffrey D. Lynch, we can review the assets, title, will or trust, beneficiary designations, family circumstances, and other information to determine whether probate is needed.

If it is, we can help determine whether the matter can proceed informally, whether a formal proceeding is necessary, who has priority to serve as personal representative, and what needs to happen after appointment.

The first goal is not to open probate.

The first goal is to determine the simplest legally appropriate way to transfer and administer the property.

Request an Arizona Probate Consultation

This page provides general information about Arizona law and is not legal advice. The appropriate probate procedure depends on the decedent's domicile, assets, title, estate-planning documents, family circumstances, creditor issues, and the particular facts of the estate.