Money-Saving Strategy · Arizona Probate Law
Can You Waive the Formal Inventory in Arizona Probate?
In many Arizona estates, the formal court-filed inventory is not required at all. Here’s what the law says, when you can bypass it, and how an informal inventory process can save the estate significant time and money.
What Arizona Law Actually Requires
Under A.R.S. § 14-3706(A), a personal representative must prepare an inventory within 90 days. But § 14-3706(B) gives you a choice about what to do with it:
Option A: File the original with the court and send copies to interested persons who request them.
Option B: Skip the court filing entirely and mail copies directly to each heir (intestate) or devisee (testate), plus any interested persons who request one.
Both options fully satisfy the statute. The Maricopa County Superior Court’s own Personal Representative Training Manual confirms: “You are not required to file it with the court… You must do one or the other within 90 days.”
When the Formal Inventory Can Be Bypassed
Bypassing the court filing makes sense when:
- The estate is uncomplicated with no disputes among heirs
- All heirs or devisees are known and accessible
- No formal court supervision has been ordered
- The estate is not a conservatorship (different rules apply)
- All interested parties are aligned and trust the personal representative
When these conditions are met, the informal process — a professional inventory delivered directly to heirs — satisfies the law at a fraction of the cost and time.
How Much Can This Save the Estate?
Bypassing the formal court filing eliminates: attorney time required to prepare and review court submissions, court form compliance requirements, filing fees and processing delays, and the added complexity of a court-supervised process.
An informal inventory process delivers the same professional documentation — room-by-room photos, itemized values, community/separate property designation — at a fraction of the cost. For many estates, this represents a meaningful savings.
Important Exception: Conservatorships
Everything above applies to probate proceedings. Conservatorship is different. Under A.R.S. § 14-5418, a conservator must file the inventory with the court AND deliver copies to all interested parties. There is no bypass option in a conservatorship.
If you are acting as a conservator — not a personal representative in a probate — the formal court inventory is mandatory. Contact us and we will help you understand which type of proceeding applies to your situation.
Our Informal Inventory Process
When the estate qualifies for the informal approach, we deliver everything you need:
- Complete room-by-room photography and video documentation
- Itemized inventory with fair market values as of date of death
- Community vs. separate property designation on all items
- Professional PDF ready for delivery to heirs and devisees
- Fiduciary-approved format accepted by Maricopa County probate attorneys
Same professional quality. Faster delivery. Significantly lower cost. Call us to discuss whether the informal approach is right for your estate.
Ready to Get Started?
Whether you’re managing an Arizona probate estate or preparing a property for sale from out of state, we’re ready to help. Free consultations. No obligation.