Arizona Wills, Probate, and Estates: The Complete Guide
Arizona's wills, trusts, and estate rules are set out in Title 14 of the Arizona Revised Statutes, the state's version of the Uniform Probate Code. A will must be declared valid before it can transfer property, either through informal probate or a court adjudication (A.R.S. § 14-3102), and Arizona recognizes both a witnessed will and a holographic will written entirely in the testator's own hand (A.R.S. §§ 14-2502, 14-2503).
The same title governs what happens without a will: an estate passes by intestate succession, starting with the surviving spouse's statutory share (A.R.S. § 14-2102). Title 14 also sets the small-estate affidavit thresholds that let some estates skip probate entirely (A.R.S. § 14-3971), alongside the guardianship, power-of-attorney, and beneficiary-deed rules covered below.
What is probate?
Arizona law doesn't define "probate" in a single provision, but treats it as the process by which a will is declared valid and a decedent's estate is administered. A will must be declared valid — either through informal probate by the registrar or a court adjudication of probate — before it can transfer property or empower a personal representative [1].
Read the full answer →What happens to a person's debt when they die?
In Arizona, a person's debts don't disappear at death — they become claims against the estate, and the estate passes to heirs subject to creditors' rights [8]. A personal representative must publish notice to creditors for three successive weeks, and creditors generally must present claims within four months of that notice or two years of the death, or be forever barred [1][2]; if assets fall short, claims are paid in a set statutory order starting with administration costs and funeral expenses [3].
Read the full answer →What is the difference between a will and a living trust?
An Arizona will — paper or electronic — must be in writing, signed by the testator, and signed by at least two witnesses, and generally must be declared valid through informal or court probate before it can transfer property [1][3]. A trust, by contrast, can be created during the settlor's lifetime or at death, requires a settlor with capacity, an intent to create the trust, and a definite beneficiary (or a valid charitable or purpose trust), and takes effect without probate [2][5].
Read the full answer →Does a spouse automatically inherit everything?
No — under Arizona's intestacy law, a surviving spouse takes the entire estate only if there is no surviving issue, or if all surviving issue are also the spouse's [2]. If the decedent has surviving children from another relationship, the spouse instead receives only half of the separate property and none of the decedent's half of the community property [2]; a will can also expressly limit what a spouse inherits, subject to protections for a spouse married after the will was signed [1][4].
Read the full answer →Can you have someone removed as executor of an estate?
Yes — any interested person may petition an Arizona court at any time to remove a personal representative for cause, and once the petition is filed the representative generally may act only to account, correct maladministration, or preserve the estate [1]. Cause includes mismanaging the estate, disregarding a court order, becoming incapable of performing the duties, or intentionally misrepresenting material facts during appointment [1].
Read the full answer →What is a power of attorney?
Arizona law does not generally define a non-durable power of attorney, but a durable power of attorney is a written instrument naming an agent to act for the principal, with language showing the principal intends the agent's authority to continue if the principal later becomes incapacitated [1]. A power of attorney validly executed in another U.S. jurisdiction is also valid in Arizona [1].
Read the full answer →When can you use a small estate affidavit instead of probate in Arizona?
Under A.R.S. § 14-3971, Arizona lets a surviving spouse collect up to $5,000 in a decedent's wages by affidavit at any time after death, so long as no personal representative has been appointed or is pending [1]. Thirty days after death, a successor may also collect a decedent's personal property, including stocks, by affidavit if its total value, less liens, does not exceed $200,000 and funeral and last-illness expenses have been paid [1].
Read the full answer →What makes a will valid in Arizona?
Arizona recognizes two independent ways to make a valid will. A witnessed will must be in writing, signed by the testator, and signed by at least two witnesses who sign within a reasonable time of witnessing [1]. A holographic will is valid without witnesses if the signature and the material provisions are in the testator's own handwriting [2].
Read the full answer →What is a beneficiary deed in Arizona?
A beneficiary deed conveys an interest in Arizona real property to a designated beneficiary effective on the owner's death, subject to any liens or encumbrances made during the owner's lifetime [1]. It is revocable at any time before death but is valid only if executed and recorded with the county recorder before the owner dies, and it is not revoked by a will [1].
Read the full answer →How does adult guardianship work in Arizona?
Arizona offers two routes to adult guardianship: an advance appointment by a parent or spouse for an incapacitated child or spouse, made by will or signed writing [1], and a court-supervised appointment begun by petition and decided at a hearing [2][3]. An advance appointment can be blocked before court confirmation if the incapacitated person, their caregiver, or their nearest adult kin files a written objection [1].
Read the full answer →Can I transfer a vehicle on death without probate in Arizona?
Yes — an Arizona vehicle title may carry a transfer-on-death provision naming a beneficiary, which operates outside probate [1][3]. If no beneficiary was designated, a successor can instead have the motor vehicle division transfer title by presenting a small-estate affidavit, so long as thirty days have passed since death, no personal representative is pending, and the estate's personal property doesn't exceed the statutory value threshold [2].
Read the full answer →Who inherits if you die without a will in Arizona?
Dying without a will in Arizona sends the estate through intestate succession, starting with the surviving spouse, who takes the entire estate if there is no surviving issue or if all issue are also the spouse's [1]. If some surviving children are not the spouse's, the spouse takes only half the separate property and none of the decedent's half of the community property, with the remainder passing in a statutory order to descendants, then parents, then other relatives [1][2].
Read the full answer →Statutes that govern this topic
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