Skip to main content

Arizona Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Arizona.

Find Your County

Types of Probate in Arizona

Arizona offers several probate procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.

See the full comparison of Arizona probate typesWhich procedures exist, who qualifies, and how the timelines compare.

Want a probate attorney to handle this?

We can connect you with a local attorney in Arizona.

Connect

Settled Estate is not a law firm and does not give legal advice.

Browse Arizona guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Full guide library

Arizona Probate Self-Help and Online Resources

Arizona Estate Law Overview

Arizona Estate Tax Info

Arizona does not currently have a state estate tax or inheritance tax in the cited Arizona Department of Revenue estate-tax publication. Federal estate and income tax issues may still apply.

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Arizona intestate succession determines who receives probate property when a person dies without a valid will for that property.

View spouse inheritance rules
The decedent leaves a surviving spouse and no surviving issue.Entire intestate estate

Arizona gives the surviving spouse the entire intestate estate when there are no surviving issue.

Every surviving issue of the decedent is also issue of the surviving spouse.Entire intestate estate

Arizona gives the surviving spouse the entire intestate estate in this shared-issue scenario.

At least one surviving issue of the decedent is not issue of the surviving spouse.One-half of the intestate separate property and no interest in the decedent's one-half of community property

Arizona separates the spouse share for blended-family issue. Confirm title and community-property characterization before distribution.

View order of inheritance (no spouse)
  1. 1DescendantsBy representation
  2. 2ParentsEqually if both survive, or all to the surviving parent
  3. 3Descendants of parentsBy representation
  4. 4Grandparents and descendants of grandparentsGenerally one half to the paternal side and one half to the maternal side, with statutory fallback if one side has no surviving relatives

Arizona Homestead Protection

Arizona has a creditor homestead exemption for a resident's qualifying home equity and a separate probate homestead allowance for a surviving spouse or qualifying children.

Creditor protection: read the statute text

$400,000 base amount, adjusted annually beginning January 1, 2024 under A.R.S. 33-1101(D)

Statute: A.R.S. 33-1101

Restrictions on leaving homestead in will

With spouse, no minor children:

No Florida-style restricted devise rule is promoted. Review title, the will, trust, beneficiary deed, spouse rights, and claims.

With minor children:

No Florida-style minor-child homestead devise restriction is promoted. If there is no surviving spouse, minor and dependent children may share the probate homestead allowance.

Exempt Property

Arizona gives a surviving spouse and certain children priority family protections through the probate homestead allowance, exempt property, and family allowance.

View exempt items
Household furniture, automobiles, furnishings, appliances, and personal effects
The surviving spouse may receive qualifying estate property up to the statutory value, net of security interests.
$7,000 in excess of security interests
Other estate assets if exempt property is insufficient
If the estate does not contain enough qualifying exempt property, the spouse or minor or dependent children may be entitled to other estate assets to make up the deficiency.
Amount needed to make up the $7,000 value

Family Allowance

Reasonable amount for maintenance during administration - Arizona provides a reasonable family allowance for the surviving spouse and qualifying children during estate administration.

Arizona Probate Questions

How much does probate cost in Arizona?
Arizona probate filing fees vary by county and type of administration. According to Arizona court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free Arizona fee calculator for county-specific estimates.
How long does probate take in Arizona?
The timeline varies by type: Formal Probate typically takes 6-12+ months, Simplified Probate takes Varies, and Small Estate Procedure can often be completed in Varies.
Do I need an attorney for probate in Arizona?
Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.
Are these Arizona probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Arizona county page and the county office handling the estate before filing.
Which Arizona source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Arizona Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.