Arizona Probate Assessment
Do I Need to Open Probate?  ·  Berk Law Group, P.C.
Free Tool

Do You Need to Open Probate in Arizona?

Not every estate requires probate. Arizona offers several paths depending on what assets exist, how they are titled, and whether any disputes are involved. This free tool helps you explore which path may apply to your situation.

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No Probate NeededAssets with named beneficiaries, joint ownership, or held in a trust typically transfer without court involvement.
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Small Estate AffidavitEstates under $200,000 in personal property or $300,000 in real property may qualify for a simplified affidavit process under Arizona law.
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Informal ProbateA valid, uncontested will reviewed by a registrar with minimal court supervision. Arizona's most common probate path.
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Formal ProbateRequired when a will is contested, missing, or irregular, or when disputes exist. Involves a judge and court proceedings.
Please note: Your answers are not saved or transmitted. Results are general guidance only and are not legal advice. This tool does not create an attorney-client relationship. Always consult a licensed Arizona attorney before taking action.

🔒 Completely private. No data is stored. No email required.

Step 1 of 9 — Your Role

What is your relationship to the person who passed away?

Select the option that best describes you.

Your role determines your legal standing to initiate probate, file an affidavit, or bring a claim on behalf of the estate. Arizona law sets a priority order for who may serve as personal representative.

Named personal representative (executor) in the willThe will designates you to administer the estate
Heir or beneficiary (not named as personal representative)You expect to inherit but are not the named executor
Surviving spouseYou are the decedent's spouse
Other family memberParent, sibling, adult child, or other relative
Not sure / otherMy situation does not clearly fit one of the above
Step 2 of 9 — The Will

Did the deceased leave a will?

Select the option that best describes the situation.

Whether a valid will exists determines whether the estate is testate (with a will) or intestate (without one). Informal probate requires a valid, uncontested will. Without a will, or when the will's validity is in doubt, formal probate with judicial involvement is typically required.

Yes, and I believe it is validThe will appears properly executed and uncontested
Yes, but someone may contest it or there are concerns about its validityQuestions about capacity, undue influence, or proper execution
No willThe deceased died intestate
I do not know if there is oneA will may exist but I have not located it
Step 3 of 9 — Original Will

Do you have the original will?

This question applies only if a will exists.

Arizona's informal probate process requires the original will. A photocopy or digital scan is not sufficient for informal probate. If only a copy exists, formal probate proceedings before a judge are typically required to establish its validity and admit it to probate.

Yes, I have the original willThe physical, signed original document is available
I only have a copyPhotocopy, scan, or electronic version only
I am still searching for the originalA will is believed to exist but has not yet been located
Not applicable — no will existsThe deceased died without a will
Arizona informal probate requires the original will. Without it, formal probate before a judge is typically required.
Step 4 of 9 — Assets

What types of assets did the deceased own in their name alone?

Select all that apply. Do not include assets that were jointly held or had a named beneficiary.

Only assets titled solely in the deceased's name are subject to probate. Assets with a named beneficiary (life insurance, IRAs, POD accounts), jointly titled assets with right of survivorship, and trust assets pass outside of probate entirely regardless of their value.

Real estate or real propertyHome, land, rental property, or other real estate titled in their name alone
Bank or investment accountsAccounts with no named beneficiary and not jointly held
Vehicle(s)Cars, trucks, or other titled vehicles in their name alone
Business interestsOwnership interest in a company, LLC, or partnership
Personal property or household contentsValuables, collectibles, furniture, or other personal property
None — everything was jointly held or had a named beneficiaryAll assets pass outside of probate
Step 5 of 9 — Titling

Were the assets jointly owned or did they have named beneficiaries?

Select the option that best describes how the assets were held.

Assets with right of survivorship (joint tenancy, community property with right of survivorship) or named beneficiaries (POD, TOD, life insurance, IRAs) transfer automatically at death without probate. Only assets in the deceased's name alone require probate or an affidavit.

All assets were jointly titled or had named beneficiariesSpouse, POD, TOD, trust, or right of survivorship on everything
Some were jointly titled or had beneficiaries, some were notA mix of probate and non-probate assets
Most or all assets were in the deceased's name aloneNo joint ownership or beneficiary designations on most assets
Not sureI have not yet reviewed how all assets were titled
Step 6 of 9 — Personal Property Value

What is the approximate net value of personal property in the deceased's name alone?

Personal property includes bank accounts, vehicles, investments, and other non-real estate assets. Subtract any liens or debts secured by those assets.

Under Arizona law, personal property with a net value of $200,000 or less may qualify for transfer by a Small Estate Affidavit, available 30 days after death, without opening probate.

$200,000 or underMay qualify for Small Estate Affidavit (personal property)
Over $200,000Exceeds personal property affidavit threshold
No personal property in the deceased's name aloneAll personal property was jointly held or had named beneficiaries
Not sureI have not yet determined the value
Under Arizona law, the personal property affidavit threshold is $200,000 net of liens. Affidavit available 30 days after death.
Step 7 of 9 — Real Property Value

What is the approximate net value of real property in the deceased's name alone?

Real property includes homes, land, and other real estate titled solely in the deceased's name. Subtract any mortgage or liens. Use the county assessor's full cash value if unsure of market value.

Under Arizona law, real property with a net value of $300,000 or less may qualify for transfer by an Affidavit of Succession, filed no sooner than 6 months after death. All funeral expenses and unsecured debts of the decedent must be paid first.

$300,000 or underMay qualify for Affidavit of Succession (real property)
Over $300,000Exceeds real property affidavit threshold
No real property in the deceased's name aloneNo real estate, or all real estate was jointly held or in a trust
Not sureI have not yet determined the value or ownership
Under Arizona law, the real property affidavit threshold is $300,000 net of liens. Affidavit available 6 months after death. All debts and funeral expenses must be paid first.
Step 8 of 9 — Disputes and Complications

Are any of the following true?

Select all that apply. These factors may affect which probate process is required.

Any dispute, irregularity, or complication typically requires formal probate before a judge rather than the simpler informal process. Formal probate is also necessary when there is no will, when the will cannot be admitted informally, or when interested parties cannot agree. Financial exploitation claims may require a personal representative to be appointed in order to pursue recovery on behalf of the estate.

Someone is challenging or may challenge the willQuestions about capacity, undue influence, fraud, or execution
There is a dispute over who should serve as personal representativeMultiple people seeking appointment or objections to the named person
There are significant creditor claims or debtsCreditors contesting claims or unusually large estate debts
Heirs cannot agree on the distribution of assetsFamily conflict over who gets what
The will appears to have irregularitiesHandwritten, not notarized, missing witnesses, or other defects
Assets may have been transferred, taken, or misused by someone close to the deceasedSuspected financial exploitation — a personal representative may need to be appointed to pursue recovery
None of the aboveNo known disputes, irregularities, or complications
Step 9 of 9 — Timing

How long ago did the person pass away?

Timing affects which options are available and whether any deadlines may apply.

Arizona law imposes important timing requirements: the personal property Small Estate Affidavit is available 30 days after death; the real property affidavit is available 6 months after death; and informal probate must be filed within 2 years of death. Missing these windows can limit your options significantly.

Less than 30 days agoToo early for any affidavit process
30 days to 6 months agoPersonal property affidavit may be available; real property affidavit not yet available
More than 6 months agoBoth affidavit processes may be available if thresholds are met
More than 2 years agoInformal probate window has closed — options may be limited
Result
Your Probate Assessment