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 Path vs Formal Path at a Glance
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| Category | Simplified Path | Formal Path | 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 | Simplified Path |
| 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 | Simplified Path |
| 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 | Simplified Path |
| 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 Path |
Main Arizona Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
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 | 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 | $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) | 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) | 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) | 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) | 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 | Will contests, unclear or disputed heirs, supervised administration, or matters that need a judge rather than the registrar |
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
Threshold: $200,000 or less in personal property, net of liens and encumbrances
Filing Fee: $0 (no court filing fee for the affidavit itself)
Timeline: 30+ days after death
Real Estate: No
Attorney: No
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
Threshold: $300,000 or less in Arizona real property, net of liens and encumbrances (county assessor full cash value)
Filing Fee: $149 statutory base fee (A.R.S. 12-284); confirm current county total
Timeline: 6+ months (183+ days) after death
Real Estate: Yes: transfers Arizona real estate without full administration
Attorney: No (often useful for title and recorder steps)
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
Threshold: No dollar cap; used for uncontested matters
Filing Fee: $149 statutory base fee (A.R.S. 12-284); confirm current county total
Timeline: Application may not be filed until five days after death; unsupervised once opened
Real Estate: Yes
Attorney: No (often useful)
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
Threshold: No dollar cap; used for contested, supervised, or formal-closing matters
Filing Fee: $149 statutory base fee (A.R.S. 12-284); confirm current county total
Timeline: Several months or longer, including the four-month creditor-claim period and any hearings
Real Estate: Yes
Attorney: 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.
Unfamiliar terms in the comparison? The Arizona probate glossary defines them in plain language.
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