Arizona Probate Types: Small Estate Affidavit, Informal Probate, and Formal Administration
Arizona is a UPC state. The path usually turns on three questions: does the estate fit a small-estate affidavit, is anyone contesting the will or the appointment, and does the estate include real estate that needs court authority? The fiduciary is the personal representative, and all probate matters run through the county Superior Court.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Arizona Probate Types
Arizona follows the Uniform Probate Code (A.R.S. Title 14, Chapter 3) and handles all probate matters through the county Superior Court. Arizona does not use a separate probate court or a county clerk–based qualification process. The personal representative is appointed informally by the Superior Court registrar for uncontested matters, or formally by a judge for contested or supervised cases. Arizona uses the term "personal representative" rather than executor or administrator.
Arizona has two small-estate affidavit shortcuts under A.R.S. 14-3971. Personal property worth $200,000 or less (net of liens and encumbrances) can be collected by affidavit at least 30 days after death. Arizona real property worth $300,000 or less (net of liens and encumbrances) can be transferred by an affidavit of succession filed in the county Superior Court no sooner than six months after death. These limits are current as of the data verification date; confirm before relying on them. Arizona is a community property state, so a surviving spouse already owns half of community property, which can reduce the estate that must pass through probate.
Use the table below to narrow the question, then confirm the current packet, form requirements, and fee with the county Superior Court where the estate will be filed. This page is planning information, not legal advice.
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Small-estate personal property | Personal-property affidavit collects assets up to $200,000 net of liens, no court filing, 30+ days after death | Informal or formal probate can handle larger estates, real property, and disputes | Summary |
| Small-estate real property | Real-property affidavit transfers Arizona real estate up to $300,000 net with a court filing after six months | Informal or formal probate provides full court authority over real property without a value cap | Tie |
| Filing fee | $0 for the personal-property affidavit (no court filing) | $149 statutory base fee plus any county adds for court-based paths | Summary |
| Court involvement | Personal-property affidavit needs no court filing; informal probate is registrar-handled without a hearing | Formal or supervised administration involves a Superior Court judge and hearing | Summary |
| Disputes | Affidavit paths and informal probate are poor fits for contested estates | Formal or supervised administration is built for contested wills, unclear heirs, and supervised distribution | Formal |
Main Arizona Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Small Estate Affidavit — Personal Property A.R.S. 14-3971 | $200,000 or less in personal property, net of liens and encumbrances | $0 (no court filing fee for the affidavit itself) | 30+ days after death | No | No |
Affidavit of Succession — Real Property A.R.S. 14-3971 | $300,000 or less in Arizona real property, net of liens and encumbrances (county assessor full cash value) | $149 statutory base fee (A.R.S. 12-284); confirm current county total | 6+ months (183+ days) after death | Yes — transfers Arizona real estate without full administration | No (often useful for title and recorder steps) |
Informal Probate A.R.S. Title 14, Chapter 3 (UPC) | No dollar cap; used for uncontested matters | $149 statutory base fee (A.R.S. 12-284); confirm current county total | Application may not be filed until five days after death; unsupervised once opened | Yes | No (often useful) |
Formal / Supervised Administration A.R.S. Title 14, Chapter 3 (UPC) | No dollar cap; used for contested, supervised, or formal-closing matters | $149 statutory base fee (A.R.S. 12-284); confirm current county total | Several months or longer, including the four-month creditor-claim period and any hearings | Yes | No statewide requirement; strongly recommended for contested or supervised matters |
* A.R.S. 12-284 and the Arizona Judicial Branch fee schedule set a $149 statewide statutory base fee for an application for informal probate or appointment, a petition in formal testacy or appointment proceedings, and a petition for supervised administration. County Superior Courts may add local amounts, copy fees, and e-filing charges. Confirm the current total with the county before filing.
Side-by-Side Comparison
Small Estate Affidavit — Personal Property
A.R.S. 14-3971
Personal-property estates (bank accounts, vehicles, personal effects) where the value fits the $200,000 cap and no personal representative application is pending or granted
Affidavit of Succession — Real Property
A.R.S. 14-3971
Qualifying estates where the only or main Arizona asset is real property valued at $300,000 or less net of encumbrances
Informal Probate
A.R.S. Title 14, Chapter 3 (UPC)
Uncontested estates, with or without a will, that need a personal representative with authority to manage assets, pay creditors, and distribute property
Formal / Supervised Administration
A.R.S. Title 14, Chapter 3 (UPC)
Will contests, unclear or disputed heirs, supervised administration, or matters that need a judge rather than the registrar
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Take the Arizona AssessmentFrequently Asked Questions
What are the main Arizona probate types?
Arizona families compare four main paths: the personal-property affidavit (A.R.S. 14-3971, up to $200,000 net), the real-property affidavit of succession (A.R.S. 14-3971, up to $300,000 net, six months after death), informal probate before the Superior Court registrar for uncontested matters, and formal or supervised administration before a judge for contested matters. All court-based paths run through the county Superior Court.
What is the Arizona small estate affidavit limit?
Arizona has two separate affidavit paths under A.R.S. 14-3971. Personal property worth $200,000 or less (net of liens and encumbrances) can be collected by affidavit at least 30 days after death without a court filing. Arizona real property worth $300,000 or less (net of liens and encumbrances, measured by the county assessor's full cash value) can be transferred by a court-filed affidavit of succession no sooner than six months after death. Confirm these limits with the current Arizona statutes before relying on them.
Does Arizona use informal or formal probate?
Yes. Arizona follows the Uniform Probate Code (A.R.S. Title 14, Chapter 3) and offers both informal probate (handled by the Superior Court registrar without a hearing for uncontested matters) and formal probate or supervised administration (decided by a judge). The difference is whether anyone contests the will or the appointment, and whether the court or estate needs closer oversight.
Which court handles Arizona probate?
All Arizona probate matters run through the Arizona Superior Court, one per county. Arizona does not have a separate county probate court or a clerk-based qualification process like Virginia. The county is usually the county where the decedent lived at death, or the county where Arizona real property sits for a non-resident.
How much is the Arizona probate filing fee?
A.R.S. 12-284 and the Arizona Judicial Branch fee schedule set a $149 statewide statutory base fee for an application for informal probate, a petition in formal testacy or appointment proceedings, and a petition for supervised administration. County Superior Courts may add local amounts, so confirm the current total with the county clerk before filing.
How is the Arizona personal representative paid?
Arizona does not use a statutory percentage schedule. Under A.R.S. 14-3719, a personal representative is entitled to reasonable compensation for services. The amount turns on the size and complexity of the estate, the time required, and the result. Many family members who serve waive compensation entirely.
Important: Arizona probate matters are filed in the Superior Court for the county where the decedent resided (or where Arizona real property is located for a non-resident). The statewide statutory base fee is $149, but each county may add local amounts, copy fees, e-filing fees, and fee-waiver instructions. Confirm the current packet, total fee, and filing counter details with the county Superior Court before filing.
Sources & Verification
Legal Authority: A.R.S. Title 14, Chapter 3 (Uniform Probate Code), including A.R.S. 14-3971 (small-estate affidavit), A.R.S. 12-284 / 12-313 (court fees), and A.R.S. 14-3719 (personal representative compensation)
Last Verified: June 2026
A.R.S. 12-284 and the Arizona Judicial Branch fee schedule set a $149 statewide statutory base fee for an application for informal probate or appointment, a petition in formal testacy or appointment proceedings, and a petition for supervised administration. County Superior Courts may add local amounts, copy fees, and e-filing charges. Confirm the current total with the county before filing.
Arizona State Legislature (ARS). Current statute text, accessed June 2026.
A.R.S. 12-284 — Superior Court clerk fees (probate rows)
Arizona State Legislature (ARS). Current statute text, accessed June 2026.
Arizona Judicial Branch. Current fee schedule, accessed June 2026.
A.R.S. 14-3719 — Compensation of personal representatives
Arizona State Legislature (ARS). Current statute text, accessed June 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.