Arizona Probate Information
Quick facts
| Topic | Arizona rule |
|---|---|
| Court | Probate is heard in the Superior Court of Arizona. A.R.S. § 14-1201(11) defines "court" as the superior court, and A.R.S. § 14-1302 gives that court jurisdiction over estates of decedents. Arizona has one superior court, sitting in every county. |
| Filing officer | File with the Clerk of the Superior Court in the county where venue belongs. A.R.S. § 12-284(A) names the Clerk of the Superior Court as the filing-fee officer. |
| Venue | Venue for the first probate proceeding is the county where the person who died was domiciled. If the person was not domiciled in Arizona, venue is any county where the person had property (A.R.S. § 14-3201(A)). |
| Informal probate role | An informal probate application under A.R.S. § 14-3301 goes to the registrar. Under A.R.S. § 14-1307, the registrar's acts may be performed by a judge, the clerk of the court or a court commissioner, as the presiding judge of the county designates in a written order. |
| Main paths | Arizona uses informal probate under A.R.S. § 14-3301, formal testacy or formal appointment under A.R.S. § 14-3401, supervised administration under A.R.S. § 14-3501, small-estate affidavits under A.R.S. § 14-3971 and summary administration inside an open probate under A.R.S. § 14-3973. |
| Small estate limits | Arizona raised both small-estate limits in 2025. Personal property may be collected by affidavit after thirty days if all personal property in the estate, less liens and encumbrances, is not more than $200,000, valued as of the date of death. Arizona real property may be transferred by affidavit filed with the court after six months if the assessed value of all Arizona real property in the estate, less liens and encumbrances, is not more than $300,000. Both figures come from A.R.S. § 14-3971 and Laws 2025, ch. 24 (HB 2116), effective September 26, 2025. |
| Statewide filing fee baseline | The statewide Class C probate filing-fee baseline is $191: $176 under Arizona Code of Judicial Administration § 3-404, effective December 28, 2024, plus the $15 document storage fund under A.R.S. § 12-284.01. County local fees may be added under A.R.S. § 11-251.08. |
| Fee deferral and waiver | A.R.S. § 12-302 lets eligible filers ask for deferral or waiver of court fees. The Judicial Branch uses Form No. AOCDFGF1F and a later Supplemental Application, Form No. AOCDFGF9F. A deferral requires a consent to judgment for deferred fees still unpaid thirty days after the final judgment or order. |
| Training before letters | Before letters testamentary or letters of administration issue under A.R.S. § 14-3103, a family member serving as personal representative must complete the training required by Arizona Rules of Probate Procedure Rule 42 and Administrative Order No. 2012-62. A.R.S. § 14-5651 is the fiduciary licensing statute that explains why an unpaid family member is a non-licensed fiduciary rather than a licensed one. |
| E-filing | You cannot open an Arizona probate online. Under Arizona Code of Judicial Administration § 1-901, Attachment A, e-filing is not permitted for a will, for any document used to initiate a probate case or for letters in probate cases. Probate is not on the attorney or legal paraprofessional mandatory e-filing lists, self-represented people are permitted but not required to e-file eligible documents, and probate post-initiation e-filing is authorized in counties other than Pima. |
| Case lookup | Arizona's statewide Public Access to Court Case Information covers 177 of 184 courts, but the Judicial Branch says probate cases are excluded from search results. The portal also uses randomly generated verification words. Ask the Clerk of the Superior Court in the county, and use any county-specific probate docket if that county publishes one. |
| Remote appearance | The Arizona Supreme Court amended Rules 2, 12 and 16 of the Arizona Rules of Probate Procedure by R-21-0007 to specifically authorize and facilitate virtual appearances at probate proceedings by interested parties, effective January 1, 2022. It is permission, not a right, so ask the court in your county early. |
| Statewide forms | The Administrative Office of the Courts publishes a statewide probate form set, but it does not include the application that opens a decedent's estate under A.R.S. § 14-3301. The Judicial Branch says each court might have their own preferred forms. |
| Arizona taxes | Arizona has no estate tax. The Arizona Department of Revenue says, "For estates of decedents dying after 2004, Arizona no longer imposes an estate tax." The Legislature repealed the estate tax provisions in Laws 2006, Ch. 262, § 3. Arizona also has no inheritance tax and no gift tax. The federal estate tax is separate. |
Before you begin — know the assets and liabilities
Start by identifying the accounts, vehicles, debts and real property before choosing an Arizona path. A.R.S. § 14-3971 measures two separate net values: personal property against the $200,000 small-estate affidavit limit and Arizona real property against the $300,000 real-property affidavit limit, both raised by Laws 2025, ch. 24 (HB 2116), effective September 26, 2025. The real-property test uses assessed value, not a sale estimate, and getting that math right can change the estate settlement from a court filing to an affidavit path.
Sunset searches across more than 2,300 institutions to help families find accounts, insurance, retirement assets and debts before they file. That discovery work makes the estate settlement plan more reliable before you choose an affidavit, informal probate, formal testacy or supervised administration path.
Which court handles probate
Arizona probate is organized by county, but the court is statewide. The Superior Court of Arizona is the court with jurisdiction over estates of decedents (A.R.S. § 14-1302), and it sits in each of Arizona's fifteen counties: Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai and Yuma.
Venue for a first probate proceeding is the county where the person who died was domiciled (A.R.S. § 14-3201(A)(1)). If the person was not domiciled in Arizona, venue is any Arizona county where the person had property (A.R.S. § 14-3201(A)(2)). Later proceedings stay where the first proceeding was filed unless transferred under A.R.S. § 14-1303 or A.R.S. § 14-3201(C).
File with the Clerk of the Superior Court in the county where venue belongs. The statewide page explains the Arizona rules; each county page carries the local counter, mailing address, fee schedule, forms and case-lookup options.
The probate process
- Confirm venue. File the estate in the county where the person who died was domiciled, or, for a non-Arizona domiciliary, in any Arizona county where the person had property (A.R.S. § 14-3201(A)).
- Gather the original will, a certified death certificate and a preliminary list of assets and debts. An informal probate application under A.R.S. § 14-3301 must address whether the original will is already with the court or accompanies the application.
- Choose the path. Arizona may allow a wage affidavit, a personal-property small-estate affidavit, a real-property small-estate affidavit, informal probate, formal testacy or formal appointment, supervised administration, summary administration inside an open probate or a late title-confirming probate, depending on the facts and the statutes that apply.
- Complete the required training before letters issue. The Judicial Branch says: "Before the court can issue letters allowing you to serve as a guardian, conservator, or personal representative, you must complete training required by the Supreme Court." The requirement comes from Arizona Rules of Probate Procedure Rule 42 and Administrative Order No. 2012-62; A.R.S. § 14-5651 is the licensing statute that makes an unpaid family member a non-licensed fiduciary rather than a licensed one. The Administrative Office of the Courts publishes AOCPBPZ2, the overview module, and AOCPBPZ6, the personal representative module. Ask the Clerk of the Superior Court in your county how they want proof of completion filed.
- Prepare the correct paper. Informal probate uses an application directed to the registrar under A.R.S. § 14-3301. Formal testacy or formal appointment uses a petition to the court under A.R.S. § 14-3401. Supervised administration uses a petition under A.R.S. § 14-3501. County form packets vary.
- File on paper with the Clerk of the Superior Court. Under Arizona Code of Judicial Administration § 1-901, Attachment A, e-filing is not permitted for a will, for any document used to initiate a probate case or for letters in probate cases.
- Pay the county filing fee or apply for deferral or waiver. The statewide baseline is $191 under A.R.S. § 12-284, Arizona Code of Judicial Administration § 3-404, effective December 28, 2024, and A.R.S. § 12-284.01, before any county local fees under A.R.S. § 11-251.08. If you cannot pay, use Form No. AOCDFGF1F under A.R.S. § 12-302 and understand the consent-to-judgment rule for a deferral.
- For a petition that needs a hearing, obtain an initial hearing date within thirty days of filing. Under Arizona Rules of Probate Procedure Rule 18(a), as amended by R-25-0021 effective January 1, 2026, if the petitioner has not obtained an initial hearing date within thirty days, the court must notify the petitioner that the petition may be dismissed within thirty days unless the petitioner obtains a hearing date or an extension.
- Ask early about remote appearance. R-21-0007 authorizes and facilitates virtual appearances at probate proceedings by interested parties, effective January 1, 2022, but it is permission, not a right.
- Obtain letters. Administration of an estate begins when letters testamentary or letters of administration issue after appointment and qualification (A.R.S. § 14-3103).
- Give notice after appointment. The personal representative must provide information to heirs and devisees within thirty days after appointment (A.R.S. § 14-3705) and publish and mail notice to creditors as required by A.R.S. § 14-3801.
- Prepare the inventory and appraisement. Within ninety days after appointment, the personal representative must prepare the inventory under A.R.S. § 14-3706.
- Resolve claims, distribute property and close. A closing statement generally may be filed no earlier than four months after the original appointment, and the appointment terminates one year after the closing statement if no proceeding involving the personal representative is pending (A.R.S. § 14-3933).
Types of probate
| Path | When it fits | Key Arizona rule |
|---|---|---|
| Informal probate and informal appointment | An application for informal probate goes to the registrar under A.R.S. § 14-3301. Under A.R.S. § 14-1307, the registrar's acts may be performed by a judge, the clerk of the court or a court commissioner, as the presiding judge of the county designates in a written order. The registrar may issue the written statement once one hundred twenty hours have elapsed since death (A.R.S. § 14-3302). | A.R.S. §§ 14-3301 through 14-3311; A.R.S. § 14-1307; A.R.S. § 14-3302 |
| Formal testacy or formal appointment | A formal testacy or formal appointment petition goes to the court when a court order is needed, including when the original will is unavailable or a validity issue must be decided. Formal testacy is not limited to contested estates. | A.R.S. § 14-3401 and following |
| Supervised administration | Supervised administration keeps the estate under the continuing authority of the court until an order approves distribution and discharges the personal representative. | A.R.S. § 14-3501 and following |
| Wage affidavit to a surviving spouse | A surviving spouse may collect up to $5,000 in wages, salary or other compensation owed to the person who died, at any time after death, by presenting an affidavit to the employer. | A.R.S. § 14-3971(A) |
| Small-estate affidavit for personal property | Thirty days after death, a successor may present an affidavit to the person or institution holding personal property or owing a debt if all personal property in the estate, wherever located, less liens and encumbrances, does not exceed $200,000, valued as of the date of death. The personal-property affidavit under A.R.S. § 14-3971 is presented to the holder of the property, not filed with the court. The $200,000 limit was raised by Laws 2025, ch. 24 (HB 2116), effective September 26, 2025. | A.R.S. § 14-3971(B), (C), (D); Laws 2025, ch. 24 (HB 2116) |
| Small-estate affidavit of succession to real property | Not sooner than six months after death, a successor may file an affidavit in the court if all Arizona real property in the estate, less liens and encumbrances, does not exceed $300,000, valued from the full cash value on the assessment rolls for the year of death. The registrar issues a certified copy, which is recorded with the county recorder. The $300,000 limit was raised by Laws 2025, ch. 24 (HB 2116), effective September 26, 2025. | A.R.S. § 14-3971(E), (F); A.R.S. § 14-1307; Laws 2025, ch. 24 (HB 2116) |
| Summary administration inside an open probate | If the inventory and appraisal show that the whole estate, less liens and encumbrances, is not more than the listed allowances, administration costs, funeral expenses and last-illness expenses, the personal representative may distribute at once without giving notice to creditors and file a closing statement. There is no dollar figure in A.R.S. § 14-3973. | A.R.S. § 14-3973; A.R.S. § 14-3974 |
| Late probate after the usual two-year period | An Arizona probate or appointment proceeding generally cannot be commenced more than two years after death. If no court proceeding about succession or administration happened within that period, a late probate may still be available, but the personal representative's power is limited to confirming title in the rightful successors, and claims other than expenses of administration may not be presented. | A.R.S. § 14-3108(4) |
Executor duties
Executor duties in Arizona
| Duty | What Arizona requires | Authority |
|---|---|---|
| Complete training before letters issue | A family member serving as personal representative must complete the required training before letters testamentary or letters of administration issue under A.R.S. § 14-3103. The training authority is Arizona Rules of Probate Procedure Rule 42 and Administrative Order No. 2012-62. A.R.S. § 14-5651 is the fiduciary licensing statute that explains the non-licensed fiduciary status for an unpaid family member. | Arizona Rules of Probate Procedure Rule 42; Administrative Order No. 2012-62; A.R.S. § 14-5651; A.R.S. § 14-3103 |
| Notify heirs and devisees | Not later than thirty days after appointment, the personal representative must send or deliver information about the appointment, including the personal representative's name and address, whether bond has been filed and a description of the court where papers are on file. | A.R.S. § 14-3705 |
| Publish and mail notice to creditors | The personal representative must publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county, and known creditors must receive written notice by mail or other delivery. Published creditors have four months from first publication; known creditors have four months after published notice or sixty days after mailing, whichever is later. Claims that arose before death also face the outside limit in A.R.S. § 14-3803(A): the earlier of the A.R.S. § 14-3801 period or two years after death plus the time remaining in the notice period. | A.R.S. § 14-3801; A.R.S. § 14-3803 |
| Prepare the inventory and appraisement | Within ninety days after appointment, the personal representative must list the property owned at death in reasonable detail, with fair market value at the date of death, its character as community or separate property, and any encumbrance. The personal representative may file the original with the court or mail a copy to the heirs or devisees and to interested persons who request it. | A.R.S. § 14-3706 |
| Close the estate | No earlier than four months after the original appointment, the personal representative may file a verified closing statement stating that the claims period has expired, that the estate is fully administered and that a full written account went to the distributees and to unpaid unbarred claimants. The appointment terminates one year later if nothing is pending. | A.R.S. § 14-3933; A.R.S. § 14-3974 |
Forms and documents
Probate forms in Arizona
Arizona publishes a statewide set of probate forms through the Administrative Office of the Courts, but the statewide set does not include the application that opens a decedent's estate under A.R.S. § 14-3301. The Judicial Branch says its forms "are generic and may be accepted by courts statewide" and that "each court might have their own preferred forms." The forms that open a probate come from the county.
| Form source | What it covers | How to use it |
|---|---|---|
| Administrative Office of the Courts probate forms | Order and other forms for fiduciary duties, conservator account forms, adult guardianship and conservatorship petition forms, the AOCPBT10I training notice and a petition to restore a ward's right to vote. | Use it for statewide fiduciary and protective-proceeding forms. Do not expect it to supply the county application for informal probate under A.R.S. § 14-3301. |
| County probate packets | County form sets may include informal probate packets, formal probate packets, small-estate affidavit packets and local cover sheets. | Use the county page or the Clerk of the Superior Court in the county where venue belongs under A.R.S. § 14-3201 to find the local packet. |
| AZCourtHelp Form Finder | AZCourtHelp.org publishes a statewide Form Finder and the Judicial Branch sends readers there for court-specific forms. | Start from the AZCourtHelp site itself because county form sets differ and a form for one county may not be the right packet for another. |
Fees
Arizona's probate filing fee has three layers. First, A.R.S. § 12-284 sets the statutory fee categories and A.R.S. § 12-284(L) lets the Supreme Court raise those fees by consumer price index authority. Second, Arizona Code of Judicial Administration § 3-404 sets the current Class C probate base at $176.00, effective December 28, 2024, under Administrative Order 2024-210. Third, A.R.S. § 12-284.01 allows the $15.00 document storage fund. Together, the statewide baseline for an application for informal probate or a petition in formal testacy is $191.00 before any county local fees.
Counties may add local fees under A.R.S. § 11-251.08, so the amount at the counter is not identical statewide. Maricopa County publishes $306.00 for "Probate - Informal / Affidavits" and "Probate - Other" on the Clerk of the Superior Court's own fee schedule, on top of the statewide structure under A.R.S. § 12-284 and county local fees under A.R.S. § 11-251.08. Pima County publishes an itemized $366.00 total, effective June 1, 2026: $176.00 base, $100.00 court automation fee, $15.00 document storage fund under A.R.S. § 12-284.01 and $75.00 caseflow management fund.
If you cannot pay, A.R.S. § 12-302 gives a fee deferral and waiver process. A deferral postpones payment or creates a payment plan; a waiver means the fees do not have to be paid. The Judicial Branch uses Form No. AOCDFGF1F to apply and Form No. AOCDFGF9F as the later supplemental step when there is a final order, decree or judgment. Applying for a deferral requires signing a consent to judgment for fees still unpaid thirty days after the final judgment or order (A.R.S. § 12-302(F)).
Timeline
- At any time after death, a surviving spouse may collect up to $5,000 in wages, salary or other compensation owed by an employer by affidavit (A.R.S. § 14-3971(A)).
- After one hundred twenty hours have elapsed since death, the registrar may issue a written statement of informal probate if the A.R.S. § 14-3302 findings are met.
- Thirty days after death, the personal-property small-estate affidavit may be used if the A.R.S. § 14-3971(B) requirements are met, including the $200,000 limit valued as of the date of death under Laws 2025, ch. 24 (HB 2116), effective September 26, 2025.
- Forty-five days after death, a creditor may apply for informal probate or informal appointment if the A.R.S. § 14-3301(A)(7) conditions apply.
- Not sooner than six months after death, the real-property small-estate affidavit may be filed in court if the A.R.S. § 14-3971(E) requirements are met, including the $300,000 assessed-value limit under Laws 2025, ch. 24 (HB 2116), effective September 26, 2025.
- Within thirty days of filing a petition that needs an initial hearing, the petitioner must obtain a hearing date or the court must notify the petitioner that the petition may be dismissed within thirty days unless a date or extension is obtained (Arizona Rules of Probate Procedure Rule 18(a), as amended by R-25-0021, effective January 1, 2026).
- At appointment, the personal representative must publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county and give written notice by mail or other delivery to known creditors (A.R.S. § 14-3801).
- Within thirty days after appointment, the personal representative must send or deliver required information to heirs and devisees (A.R.S. § 14-3705).
- Within ninety days after appointment, the personal representative must prepare the inventory and appraisement (A.R.S. § 14-3706).
- Creditors covered by publication have four months from the first publication to present claims or be forever barred. Known creditors have four months after published notice or sixty days after mailing, whichever is later (A.R.S. § 14-3801). Claims that arose before death are also barred by the earlier of the A.R.S. § 14-3801 period or two years after death plus the time remaining in the notice period (A.R.S. § 14-3803(A)). Claims arising at or after death follow A.R.S. § 14-3803(C).
- No earlier than four months after the original appointment of a general personal representative, a closing statement may be filed if the statutory conditions are met (A.R.S. § 14-3933(A)).
- One year after the closing statement is filed, the appointment terminates if no proceeding involving the personal representative is pending (A.R.S. § 14-3933(B)).
- A proceeding to contest an informally probated will and seek appointment of the person with priority must be filed within the later of twelve months from the informal probate or two years from the decedent's death (A.R.S. § 14-3108(3)).
- An informal or formal probate or appointment proceeding generally must be commenced within two years after death, with the exceptions in A.R.S. § 14-3108, including the title-confirming late probate route when no court proceeding about succession or administration occurred within that period.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Arizona feature | What it means | Authority |
|---|---|---|
| Training before letters | Arizona requires Supreme Court training before a personal representative may serve. The Judicial Branch says: "Before the court can issue letters allowing you to serve as a guardian, conservator, or personal representative, you must complete training required by the Supreme Court." The training requirement comes from Arizona Rules of Probate Procedure Rule 42 and Administrative Order No. 2012-62. A.R.S. § 14-5651 is the licensing statute that explains why an unpaid family member is a non-licensed fiduciary rather than a licensed one. Ask the Clerk of the Superior Court in your county how they want proof of completion filed. | Arizona Rules of Probate Procedure Rule 42; Administrative Order No. 2012-62; A.R.S. § 14-5651 |
| Paper opening filing | You cannot open an Arizona probate electronically. Arizona Code of Judicial Administration § 1-901, Attachment A excludes wills, initiating probate documents and letters in probate cases from e-filing. Probate is not on the attorney or legal paraprofessional mandatory e-filing lists. Self-represented filers may e-file eligible documents but are not required to, and probate post-initiation e-filing is authorized in counties other than Pima. | Arizona Code of Judicial Administration § 1-901, Attachment A |
| Statewide case lookup gap | The statewide Public Access to Court Case Information covers 177 of 184 courts, but the Judicial Branch says probate cases are excluded from search results and that users must enter randomly generated verification words. Some counties publish their own probate docket; otherwise the Clerk of the Superior Court in the county is where to ask. | Arizona Judicial Branch Public Access to Court Case Information |
| County forms and county fees | The statewide form set does not include the application that opens a decedent's estate under A.R.S. § 14-3301, and county local fees may be added under A.R.S. § 11-251.08. Use the county page and the Clerk of the Superior Court in the county where venue belongs under A.R.S. § 14-3201. | A.R.S. § 14-3301; A.R.S. § 11-251.08; A.R.S. § 14-3201 |
| Certified legal document preparers | Arizona certifies nonlawyers to prepare court documents. A certified legal document preparer may prepare probate documents for someone representing themselves, without an attorney supervising. A legal document preparer is not a lawyer, cannot give legal advice, cannot go to court with you, and communications with one are not privileged. | Arizona Code of Judicial Administration § 7-208 |
Small-estate alternatives
Arizona raised both small-estate limits in 2025. Under A.R.S. § 14-3971, personal property can be collected by affidavit if the value of all personal property in the estate, wherever located, less liens and encumbrances, does not exceed $200,000, valued as of the date of death, and thirty days have passed since death. Arizona real property can be transferred by affidavit filed with the court if the assessed value of all Arizona real property in the estate, less liens and encumbrances, does not exceed $300,000, and six months have passed since death. Both figures were raised by Laws 2025, ch. 24 (HB 2116), effective September 26, 2025.
A surviving spouse also has a separate wage affidavit. At any time after death, the surviving spouse may collect up to $5,000 in wages, salary or other compensation owed by an employer by presenting the affidavit described in A.R.S. § 14-3971(A).
The two main small-estate affidavits work differently. The personal-property affidavit under A.R.S. § 14-3971(B) is presented to the person or institution holding the property and is not filed with the court. The real-property affidavit under A.R.S. § 14-3971(E) is filed with the court, the normal filing fee applies unless waived under A.R.S. § 12-302, the registrar issues a certified copy under A.R.S. § 14-1307 and A.R.S. § 14-3971(F), and that copy is recorded with the county recorder. The real-property affidavit also requires sworn statements that funeral expenses, last-illness expenses and all unsecured debts have been paid, that no other person has a right to the interest, and that no federal estate tax is due on the decedent's estate (A.R.S. § 14-3971(E)).
The $200,000 personal-property ceiling and the $300,000 real-property ceiling under A.R.S. § 14-3971 are measured separately and are never added together. A family can qualify for both affidavit paths if each separate net test is met.
Recent updates
| Change | What changed | Authority | Effective date |
|---|---|---|---|
| Both small-estate affidavit limits raised | Personal property to $200,000 and Arizona real property to $300,000 under A.R.S. § 14-3971. | Laws 2025, ch. 24 (HB 2116) | September 26, 2025 |
| Statewide superior court fee schedule raised | The Class C probate base fee is $176.00, which with the $15.00 document storage fund under A.R.S. § 12-284.01 makes $191.00 before any county add-on under A.R.S. § 11-251.08. | Arizona Code of Judicial Administration § 3-404; Administrative Order 2024-210; A.R.S. § 12-284 | December 28, 2024 |
| Thirty days to obtain an initial hearing date | If no hearing date is obtained, the court must notify the petitioner the petition may be dismissed within thirty days unless a date or an extension is obtained. | Ariz. R. Prob. P. 18(a); R-25-0021 | January 1, 2026 |
| Virtual appearances at probate proceedings authorized | Rules 2, 12 and 16 amended to specifically authorize and facilitate virtual appearances by interested parties. | R-21-0007 | January 1, 2022 |
| Probate rules replaced | The Arizona Rules of Probate Procedure were rewritten to conform to modern usage and to clarify and simplify language. | R-18-0044 | January 1, 2020 |
| Change of judge as of right clarified | Rule 4(a): "action" means a probate case, not just a probate proceeding. | R-25-0022 | Immediately on the order's filing |
| Probate Rule forms may be changed by administrative order | Rule 55(c): the Supreme Court may change a Probate Rule form by administrative order and the Administrative Office of the Courts Administrative Director may approve technical amendments. | R-25-0047 | Emergency January 1, 2026; permanent January 1, 2027 |
| Non-probate proceedings need a separate pleading | Rule 3(d): a non-probate proceeding inside a probate case must be initiated by a separate pleading and may not be combined with a probate petition. | R-26-0002 | January 1, 2027 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Arizona path | Key rule | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with a co-owned home | First confirm what passed outside probate and what remains in the estate. The surviving spouse may use the wage affidavit for up to $5,000 in wages under A.R.S. § 14-3971(A). If estate personal property is within the $200,000 net limit after thirty days, the personal-property affidavit may work. If Arizona real property still needs title transfer, the real-property affidavit requires six months and the $300,000 assessed-value test under A.R.S. § 14-3971. | A.R.S. § 14-3971; Laws 2025, ch. 24 (HB 2116), effective September 26, 2025 | Sunset helps identify accounts, debts and property interests before the spouse chooses an affidavit or court path. |
| Out-of-state adult child with a small estate | An adult child is one of the people who may apply for informal probate under A.R.S. § 14-3301(A), but venue is still the county where the parent was domiciled under A.R.S. § 14-3201. The opening application cannot be e-filed under Arizona Code of Judicial Administration § 1-901, so plan for paper filing or mailing through the Clerk of the Superior Court. Rule 42 training is published online, and R-21-0007 lets the child ask about virtual appearance. | A.R.S. § 14-3301; A.R.S. § 14-3201; Arizona Code of Judicial Administration § 1-901; Arizona Rules of Probate Procedure Rule 42; R-21-0007 | Sunset helps assemble the asset list, generate the right packet and connect the family to local filing help when travel is hard. |
| Parent settling a predeceased child's estate, home must be sold | A parent is one of the people who may apply under A.R.S. § 14-3301(A). If the home must be sold and an affidavit is not the right route, the parent will need appointment and letters under A.R.S. § 14-3103. After appointment, the personal representative handles notice to creditors under A.R.S. § 14-3801, the inventory under A.R.S. § 14-3706 and closing under A.R.S. § 14-3933. | A.R.S. §§ 14-3301, 14-3103, 14-3801, 14-3706, 14-3933 | Sunset helps turn a difficult estate settlement into a trackable plan, including asset discovery, filing steps and attorney matching when a sale or creditor issue requires counsel. |
Self-help resources
| Resource | What it provides | Link or contact | Important limit |
|---|---|---|---|
| AZCourtHelp | Statewide self-help site run by the Arizona Bar Foundation with a Self-Help Center, Form Finder, Find My Court, Legal Aid Options, live chat and a calendar of legal talks and clinics. | https://azcourthelp.org/ | County form sets differ, so use the site to locate the right court-specific materials for the county where venue belongs under A.R.S. § 14-3201. |
| Arizona Judicial Branch Self-Service Center | Legal information and court forms for people representing themselves. The Judicial Branch says court staff can provide legal information, but not legal advice. | https://www.azcourts.gov/selfservicecenter | It is statewide information. The Clerk of the Superior Court in your county supplies local filing details. |
| Arizona Judicial Branch Probate Law hub | Statewide probate guidance, authorities, resources, forms and training links. | https://www.azcourts.gov/probate | The hub is statewide guidance. The county page and the Clerk of the Superior Court in the county carry the local filing counter, the county fee and the local packet. |
| Statewide probate forms | Administrative Office of the Courts form set for fiduciary orders, conservator accounts and adult guardianship and conservatorship matters. | https://www.azcourts.gov/probate/Probate-Forms | The statewide set does not include the application that opens a decedent's estate under A.R.S. § 14-3301. |
| Non-licensed fiduciary training | Training modules a personal representative must complete before letters issue. The requirement comes from Arizona Rules of Probate Procedure Rule 42 and Administrative Order No. 2012-62, and A.R.S. § 14-5651 is the fiduciary licensing statute. | https://www.azcourts.gov/probate/Training/Non-Licensed-Fiduciaries-Training | The Judicial Branch publishes the modules online and says the programs are available in alternate formats through the Superior Court in each county. |
| Fee waiver and deferral | Judicial Branch explanation of fee waiver and deferral under A.R.S. § 12-302, including Form No. AOCDFGF1F and Supplemental Application Form No. AOCDFGF9F. | https://www.azcourts.gov/courtfilingfees/Fee-Waivers-and-Deferrals | A deferral is not forgiveness. A deferral can lead to a consent to judgment for fees still unpaid thirty days after the final judgment or order. |
| Superior court filing fees | Statewide superior court fee schedule showing the $176.00 Class C probate base under A.R.S. § 12-284 and Arizona Code of Judicial Administration § 3-404, effective December 28, 2024, plus the $15.00 document storage fund under A.R.S. § 12-284.01. | https://www.azcourts.gov/courtfilingfees/superior-court-filing-fees | County local fees under A.R.S. § 11-251.08 may change the amount due in your county. |
| Superior Court clerks directory | Judicial Branch directory with addresses and phone numbers for the Clerk of the Superior Court in each Arizona county. | https://www.azcourts.gov/selfservicecenter/Superior-Court-Clerks-of-the-Court | Use it to find the county office; use the county's own page for local forms, hours and fee instructions. |
| Public Access to Court Case Information | Statewide case lookup covering 177 of 184 courts. | https://apps.azcourts.gov/publicaccess/ | The Judicial Branch says probate cases are excluded from search results and users must enter randomly generated verification words. |
| AZLawHelp.org | Resource named by the Arizona Judicial Branch on its probate page. | https://www.azlawhelp.org/ | Use it as a general legal-help starting point. |
| Community Legal Services | Published practice areas include consumer law, domestic violence, employment law, family law, farmworker program, health and economic stability, housing law, set asides and rights restoration, low income taxpayer clinic and kiosk project. | https://clsaz.org/; (602) 258-3434; (800) 852-9075 | Its published practice-area list does not include probate, estates or wills; call and ask before counting on help for an estate matter. |
| Southern Arizona Legal Aid | SALA says it provides free legal aid services to low income individuals and families in southern and southeastern Arizona, including 11 of Arizona's Native American tribes. | https://www.sazlegalaid.org/; (520) 623-9461 | Its published practice areas do not include probate; call and ask whether your issue fits its current services. |
| DNA-People's Legal Services | Its self-help section carries a resource titled "Understanding Probate." | https://dnalegalservices.org/; P.O. Box 306, Window Rock, AZ 86515; 1-928-871-4151; Monday through Friday | The resource is general; contact the office to ask whether it fits your situation. |
When to hire an attorney
Legal counsel makes sense in Arizona when the original will is missing, a formal testacy petition under A.R.S. § 14-3401 is needed, supervised administration under A.R.S. § 14-3501 is likely, a home must be sold, the estate crosses the small-estate limits under A.R.S. § 14-3971, a creditor issue arises within the A.R.S. § 14-3801 claim window or the family needs a late probate under A.R.S. § 14-3108. Sunset helps families organize the estate settlement facts first, then connects them to a vetted attorney when legal advice is the right next step.
How Sunset helps in Arizona
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, retirement accounts, insurance, property leads and debts before the family chooses an Arizona path. That matters because A.R.S. § 14-3971 uses net values for the $200,000 personal-property and $300,000 real-property small-estate affidavit limits, raised by Laws 2025, ch. 24 (HB 2116), effective September 26, 2025.
Generate the probate packet. Sunset helps turn the asset picture into an organized estate settlement packet for the county where venue belongs under A.R.S. § 14-3201. The packet can include the right Arizona path, the paper filing checklist, the Rule 42 training reminder under Arizona Rules of Probate Procedure Rule 42 and Administrative Order No. 2012-62, and notes about A.R.S. § 14-5651 for a non-licensed fiduciary.
Find a local probate attorney. When an Arizona estate needs formal testacy under A.R.S. § 14-3401, supervised administration under A.R.S. § 14-3501, a home sale, creditor work under A.R.S. § 14-3801 or a late title-confirming probate under A.R.S. § 14-3108, Sunset can connect the family with a local attorney.
Sunset is free for families. Sunset gives families a guided place to organize documents, deadlines and next steps, from discovery through filing and closing, so the estate settlement does not depend on scattered notes and guesswork.
Frequently asked questions
Which court handles probate in Arizona?
Probate is handled by the Superior Court of Arizona. A.R.S. § 14-1201(11) defines "court" as the superior court, and A.R.S. § 14-1302 gives that court jurisdiction over estates of decedents. Arizona's justice courts and city courts do not handle decedents' estates.
Where do I file probate in Arizona?
Venue for a first Arizona probate proceeding is the county where the person who died was domiciled (A.R.S. § 14-3201(A)(1)). If the person was not domiciled in Arizona, venue is any county where the person had property (A.R.S. § 14-3201(A)(2)). File with the Clerk of the Superior Court in that county.
Can I avoid probate in Arizona with a small-estate affidavit?
Sometimes. Under A.R.S. § 14-3971, personal property may be collected by affidavit after thirty days if all personal property in the estate, less liens and encumbrances, is not more than $200,000, valued as of the date of death. Arizona real property may be transferred by affidavit filed with the court after six months if all Arizona real property in the estate, less liens and encumbrances, is not more than $300,000 by assessed value. Both limits were raised by Laws 2025, ch. 24 (HB 2116), effective September 26, 2025, and the two limits are measured separately.
Can I file an Arizona probate online?
No for opening the case. Under Arizona Code of Judicial Administration § 1-901, Attachment A, e-filing is not permitted for wills, for any document used to initiate a probate case or for letters in probate cases. Probate is not on the attorney or legal paraprofessional mandatory e-filing lists. A self-represented person may e-file eligible documents but is not required to, and probate post-initiation e-filing is authorized in counties other than Pima.
How much does it cost to file probate in Arizona?
The statewide baseline is $191.00 for an application for informal probate or a petition in formal testacy: $176.00 under A.R.S. § 12-284 and Arizona Code of Judicial Administration § 3-404, effective December 28, 2024, plus the $15.00 document storage fund under A.R.S. § 12-284.01. Counties may add local fees under A.R.S. § 11-251.08. Maricopa County publishes $306.00 on its fee schedule, and Pima County publishes $366.00, effective June 1, 2026.
What if I cannot afford the Arizona filing fee?
A.R.S. § 12-302 provides a deferral and waiver process. Use Form No. AOCDFGF1F to apply, and expect a second step, Supplemental Application Form No. AOCDFGF9F, when there is a final order, decree or judgment. A deferral requires a consent to judgment for fees still unpaid thirty days after the final judgment or order.
Do I have to take training before serving as personal representative in Arizona?
Yes. The training requirement comes from Arizona Rules of Probate Procedure Rule 42 and Administrative Order No. 2012-62. A.R.S. § 14-5651 is the fiduciary licensing statute that explains why an unpaid family member is a non-licensed fiduciary rather than a licensed one. The Judicial Branch publishes AOCPBPZ2 for the overview and AOCPBPZ6 for personal representatives.
Can I look up an Arizona probate case online?
Do not rely on the statewide Public Access to Court Case Information for probate. The Judicial Branch says it covers 177 of 184 courts, but it excludes probate cases from search results and requires randomly generated verification words. Some counties publish their own probate docket; otherwise ask the Clerk of the Superior Court in the county.
Does Arizona have an estate tax or an inheritance tax?
Arizona has no estate tax. The Arizona Department of Revenue says, "For estates of decedents dying after 2004, Arizona no longer imposes an estate tax." The Legislature repealed the estate tax provisions in Laws 2006, Ch. 262, § 3. Arizona also has no inheritance tax and no gift tax. The federal estate tax is separate, and the real-property affidavit under A.R.S. § 14-3971(E) requires a statement that no federal estate tax is due on the decedent's estate.
How long do creditors have to make a claim against an Arizona estate?
At appointment, the personal representative must publish notice to creditors once a week for three successive weeks. Creditors covered by publication have four months from first publication to present claims or be forever barred (A.R.S. § 14-3801(A)). Known creditors who receive written notice have four months after the published notice or sixty days after mailing, whichever is later (A.R.S. § 14-3801(B)). A.R.S. § 14-3803 adds an outside limit for claims that arose before death.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.