Probate in Arizona
Arizona probate is administered in the Superior Court of the county where the deceased resided. Arizona follows the Uniform Probate Code and allows both supervised and unsupervised (independent) administration. Independent administration is available in most cases and significantly reduces court involvement.
Arizona probate typically takes 6–18 months. Personal representatives are entitled to reasonable compensation.
Simplified estate procedures
Arizona offers two simplified procedures. A small estate affidavit (A.R.S. §14-3971) is available for personal property valued at $75,000 or less — no court required, available 30 days after death. For real property, a separate affidavit procedure is available for real estate valued at $100,000 or less after deducting all encumbrances.
Arizona also allows a "set aside" procedure for very small estates where all property can be set aside for the surviving spouse or minor children without formal administration.
Death certificates
Arizona death certificates are issued by the Arizona Department of Health Services (ADHS) Office of Vital Records and by the county recorder's office where the death occurred. The cost is $20 per certified copy. Order online through ADHS or VitalChek, or in person at the county recorder's office.
Order 10–12 certified copies at the time of filing. Arizona community property rules can create additional documentation needs when transferring assets — having extra copies on hand avoids delays.
Estate and inheritance tax
- State estate tax: Arizona has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Community property state
Arizona is a community property state. Property acquired during marriage is generally owned equally by both spouses regardless of who earned it or whose name is on the title. At death, the deceased's half of community property is distributed according to the will or intestacy law; the surviving spouse retains their half outright. Separate property — owned before marriage or received as a gift or inheritance during marriage — passes according to the will.
Notable rules
- Community property with right of survivorship: Arizona allows spouses to hold property as "community property with right of survivorship," which passes the entire property to the surviving spouse automatically at death — without probate.
- Creditor claim period: 2 years from the date of death, reduced to 4 months from the date of first publication of notice to creditors.
- No fiduciary income tax: Arizona does not impose a separate income tax on estates or trusts — only federal income taxes apply to estate income.
- Transfer on death deed: Arizona allows beneficiary deeds (transfer on death deeds) for real property, enabling owners to name beneficiaries who receive the property at death without probate.
Key contacts
- ADHS vital records: azdhs.gov/licensing/vital-records
- Arizona Courts probate information: azcourts.gov
- State Bar of Arizona lawyer referral: azbar.org