Arizona Probate Guide

What is Probate?

Probate is the court-supervised process through which a deceased person's estate is administered and distributed. In Arizona, probate is governed by Title 14 of the Arizona Revised Statutes, which is based on the Uniform Probate Code.

Not every estate needs to go through probate. Whether probate is required depends on the value of the estate, how assets are titled, and whether beneficiary designations or trusts were established. A probate attorney can advise you on whether probate is necessary in your specific situation.

Types of Probate in Arizona

Arizona offers several probate options depending on the size and complexity of the estate:

• Informal Probate: For most estates — simpler, doesn't require court hearings. A personal representative is appointed to administer the estate.
• Formal Probate: Required when there are disputes, an unclear will, or other complexities that require court supervision.
• Small Estate Affidavit: For estates under certain value thresholds, families may be able to transfer assets without full probate using an affidavit process.
• Supervised Administration: Court-supervised throughout the entire process — less common but used when warranted.

The Arizona Probate Process — A General Overview

1. File a petition with the court. In Pima County, this is filed with the Pima County Superior Court Probate Division. The petition opens the estate.
2. Appointment of personal representative. The court appoints a personal representative (also called an executor) to manage the estate.
3. Notice to creditors. The personal representative publishes notice and notifies known creditors. Creditors have a limited time to make claims.
4. Inventory and appraisal. The estate's assets — including real property — are identified, inventoried, and appraised.
5. Payment of debts and taxes. Valid creditor claims and taxes are paid from estate assets.
6. Distribution to beneficiaries. Remaining assets are distributed according to the will or, if there is no will, according to Arizona intestate succession laws.
7. Closing the estate. The personal representative files a final accounting and the estate is formally closed.

Real Property in Probate

Real estate owned solely by the deceased typically must go through probate before it can be transferred or sold. During the probate process, the personal representative is responsible for the property — maintaining it, paying expenses, and ultimately preparing it for distribution or sale.

For many families, managing a real property through probate while coordinating cleanout, repairs, and eventual sale is the most complex logistical challenge they face. The personal representative may need to coordinate with attorneys, contractors, cleanout crews, and real estate professionals — often while also managing their own lives and responsibilities from another state.

Pima County Probate Resources

For estates with property in the Tucson area (Pima County), the following resources are relevant:

• Pima County Superior Court — Probate Court Forms
• Pima County Law Library Resource Center
• Arizona Judicial Branch Probate Self-Help Center
• Arizona Probate Forms — Statewide Packets

Avoiding Probate

Many Arizona families use revocable living trusts, joint tenancy with right of survivorship, beneficiary designations, or other estate planning tools to avoid probate entirely. If probate avoidance is a goal for your own estate planning, consult an Arizona estate planning attorney.

If you're in the middle of a probate now, the focus is on working through the process efficiently — and managing the property effectively while doing so.

Additional Resources

• Nolo — Arizona Probate: An Overview
• Arizona Revised Statutes — Title 14
• AZCourtHelp — Find Arizona Court Forms

For a full list of curated resources, visit our Resource Library.