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When is probate required in Arizona?

Probate is generally required when the decedent owned assets solely in their name with no beneficiary or survivorship designation. Examples include a home titled only to the decedent, a bank or investment account without POD or TOD instructions, or vehicles and other titled personal property with no co-owner. Even if there is a will, the will directs how probate assets are distributed but does not itself avoid probate.

Unsure whether an account or property is probate or non probate? Schedule a call at http://ivan.chat for a quick review.

Arizona small estate affidavit thresholds

Arizona Revised Statutes section 14-3971 allows successors to collect assets by affidavit without opening a full probate if the estate is within these limits:

Personal property: up to 200,000 dollars, net of liens. A 30 day waiting period applies after death.
Real property: up to 300,000 dollars in net equity. A six month waiting period applies after death.

Wondering if your estate qualifies for affidavits instead of probate? Speak with our team at http://ivan.chat or (602) 718-1781.

These thresholds were increased by 2025 legislation, expanding who can use the affidavit process and reducing the need for court involvement in modest estates. If an estate exceeds the small estate limits or contains assets that cannot be transferred by affidavit, probate in Superior Court is typically required.

The three types of probate in Arizona

Arizona recognizes informal, formal, and supervised probate. The right option depends on whether the estate is contested and how much court oversight is needed.

Informal probate: A streamlined, registrar handled process for uncontested estates, for example when the original will is available and no one objects to appointment. No courtroom hearing is required to open the estate.
Formal probate: Used when disputes exist, such as concerns about the will’s validity, who should serve, or heirship, or when informal requirements are not met. Judicial hearings and orders guide administration.
Supervised probate: Ongoing court supervision over significant actions during administration. The judge remains actively involved until closing.

Need help choosing the right path for your case? Schedule case triage at http://ivan.chat.

Who may start an informal probate? Statute allows priority applicants, including a surviving spouse, adult child, heir, a person nominated in the will, a creditor after 45 days, or the public fiduciary, to apply to the probate registrar. The application must confirm timing limits, generally within two years of death unless an exception applies, and must identify interested persons.

The post death probate process in Maricopa County

While each estate is unique, uncontested Maricopa County estates commonly follow these steps:

Prepare and file the application for informal probate and appointment of the personal representative, with the original will if there is one. Filing occurs with the Maricopa County Superior Court Probate Department. A probate registrar reviews the paperwork.
Start your filing plan today: set a call at http://ivan.chat.
Letters of Personal Representative issued. Once appointed, the personal representative receives Letters that authorize handling estate business. Arizona courts require most non licensed fiduciaries to complete training videos before Letters issue. File the certificates with the Clerk.
We can guide you through Letters and training requirements: book at http://ivan.chat.
Give notice to heirs and interested persons and publish the creditor notice. The personal representative must publish notice once a week for three successive weeks in a newspaper of general circulation and must mail written notice to known creditors. Claims are generally barred if not filed within four months of first publication or within sixty days of mailing, whichever is later.
Avoid notice mistakes: schedule a compliance check at http://ivan.chat.
Inventory, appraise, and safeguard assets. The personal representative identifies and values probate assets, opens an estate account with an EIN, secures property, and maintains records of receipts and disbursements. Maricopa self help packets include forms for inventory and appraisement.
Need help with inventory and valuations? Call (602) 718-1781 or book at http://ivan.chat.
Address debts and claims and manage any sales or transfers. Disputed claims may require court orders in formal proceedings, while routine claims are paid or rejected within statutory timelines.
Get a creditor strategy session: schedule at http://ivan.chat.
Distribute remaining assets according to the will or intestacy statutes and close the estate with a closing statement or a final accounting and decree, depending on the case.
Ready to close the estate? Request a closing checklist review at http://ivan.chat.

What an attorney typically does versus what the personal representative does

The attorney’s role

Evaluate the estate and choose the right path, such as affidavits versus informal, formal, or supervised probate, and confirm eligibility under Title 14 and local practice.
Prepare filings and appear as needed, including the application, proposed statements, and, in contested matters, motions and hearing presentations.
Guide statutory notices and deadlines, including creditor publication and mailings, and help resolve creditor issues efficiently.
Coordinate asset transfers and sales, liaise with title companies and financial institutions, and ensure compliance with court form requirements and training rules for non licensed fiduciaries.
Advise on disputes or risk areas and convert an estate to formal or supervised probate if litigation or heightened oversight becomes necessary.

Connect with an attorney to outline your estate roadmap: book now at http://ivan.chat.

The personal representative’s role

Collect, secure, and inventory assets. Keep accurate books and open an estate banking account.
Provide required notices to heirs and creditors and publish the creditor notice. Track and respond to claims within statutory windows.
Manage the estate’s day to day affairs, including paying valid debts, maintaining property, and, if appropriate, selling assets with proper documentation.
Distribute assets and close the estate with the filings the court requires in your case. The personal representative remains a fiduciary and must act with diligence and impartiality throughout administration.

If you have been named personal representative and need guidance, schedule a step by step orientation at http://ivan.chat.

A note on small estate affidavits

If an estate’s personal property is at or below 200,000 dollars and real property equity is at or below 300,000 dollars, successors may use the affidavit process. The waiting period is 30 days for personal property and six months for real property if no probate is pending. This can be a faster and more economical alternative to opening a full probate. Your attorney can confirm eligibility, prepare compliant affidavits, and advise on practical hurdles, for example institutional acceptance or title assurance.

Find out in a short call whether the affidavit route fits your case: book at http://ivan.chat.

Common probate mistakes to avoid

Starting before appointment. Acting on behalf of the estate before Letters are issued, such as retitling assets or selling property, can create liability and reversal of transactions.
Skipping notice requirements. Failing to publish the creditor notice for three consecutive weeks in the correct county newspaper, or failing to mail written notice to known creditors and interested persons, can extend claim windows and cause delays.
Poor record keeping. Not opening a dedicated estate account with an EIN, commingling funds, or failing to keep receipts and a detailed ledger can lead to objections or surcharge.
Premature distributions. Paying heirs before creditor claims are resolved or before reserves for taxes and expenses are set can expose the personal representative to personal liability.
Misclassifying assets. Treating non probate assets as probate assets or vice versa, or overlooking survivorship or beneficiary designations, can lead to wrongful transfers and disputes.
Incorrect valuations. Using outdated or unsupported valuations for inventory, sales, or small estate affidavits can invite objections and title problems.
Affidavit errors. Filing small estate affidavits before the required waiting period, exceeding value limits, or attempting an affidavit while a probate case is pending can result in rejection by institutions or the court.
Missing deadlines. Ignoring the four month creditor claim window after first publication, the sixty day window for mailed notices, or the general two year limit for informal probate can force more complex proceedings.
Ignoring training and local forms. In Maricopa County, non licensed fiduciaries must complete required training. Using outdated forms or omitting proofs of notice can delay issuance of Letters or closing.
Lack of communication. Not updating heirs, failing to obtain receipts and releases, or neglecting to document decisions increases the risk of objections and litigation.
Not seeking help when disputes arise. Continuing in informal probate during active disputes instead of converting to formal or supervised probate can prolong issues and increase risk.

Avoid these pitfalls with an early strategy call: reserve a time at http://ivan.chat or call (602) 718-1781.

When to seek legal help

Probate has strict timelines, published notices, and technical requirements that can affect creditor rights and heir distributions. Talking with counsel early helps you avoid missed deadlines and costly detours. For Maricopa County matters, an attorney familiar with local forms, registrar practices, and Superior Court procedures can save time and reduce risk.

Ready to get clarity? Schedule your consultation at http://ivan.chat or call (602) 718-1781.

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