After a loved one passes away, their assets must be identified, managed, and eventually transferred to heirs or beneficiaries. In many cases, this process happens through probate. While probate can feel overwhelming, understanding how it works in Arizona can make it far more manageable.

Below is a straightforward breakdown of what probate is, when it’s required, and the key steps involved.

What Is Probate?

Probate is the legal process used to validate a deceased person’s will and distribute their assets. In Arizona, most probate cases are handled informally, meaning the court has limited involvement and the executor manages the process.

In certain situations, however, the court may need to step in more directly, which can make probate longer and more stressful.

Informal vs. Formal Probate in Arizona

Informal Probate

Most Arizona probate cases are informal. The executor (also called a personal representative) handles asset distribution and submits required documents to the court. As long as there are no disputes, the process remains relatively smooth and efficient.

Formal Probate

Formal probate occurs when disputes arise, such as:

  • Questions about the validity of the will

  • Disagreements between heirs

  • Assets without clear ownership or beneficiaries

In these cases, the court resolves disputes while the executor continues handling other responsibilities.

Supervised Probate

In rare situations, the court oversees the entire process. This usually happens when there is significant conflict or uncertainty about the estate. Supervised probate is the most time-consuming option and is generally avoided if possible.

What Happens During Probate? Step-by-Step

Probate in Arizona typically takes six to eight months, though it must remain open for at least four months to allow creditors to file claims.

Step 1: Locate and Validate the Will

If the decedent left a will, it must be validated before probate begins. If there is no will, the court determines how assets are distributed under Arizona law.

Some assets—such as life insurance policies, retirement accounts, or trusts—may already have named beneficiaries and may not go through probate.

Step 2: Appoint an Executor

The will usually names an executor. If that person is unavailable, the court may appoint a spouse, adult child, other family member, or a third-party fiduciary.

Step 3: Identify Interested Parties

Interested parties include anyone with a legal or financial interest in the estate, such as heirs, beneficiaries, creditors, and trustees. The executor must compile accurate contact information for all parties to ensure proper notice is given.

Step 4: Inventory Assets and Debts

The executor creates an inventory of the estate, including:

  • Real estate

  • Bank accounts

  • Investments

  • Personal property

  • Insurance policies

Outstanding debts—such as mortgages, taxes, or loans—must also be identified and paid before assets are distributed.

Step 5: Determine Whether Probate Can Be Avoided

In some cases, probate may not be required. Arizona allows simplified procedures if:

  • Real estate is valued under $100,000

  • Personal property is valued under $75,000

  • Assets are held in trusts or accounts with named beneficiaries

In these situations, heirs may file an affidavit with the court instead of opening full probate.

Step 6: Address Bond Requirements

Executors are sometimes required to post a bond to protect estate assets. If all interested parties agree, the executor can request a waiver and avoid this step.

Step 7: Complete Required Training

Non-professional executors in Arizona must complete court-approved training before formally opening probate. Once completed, the executor submits proof to the court.

Step 8: Serve Notice and Open Probate

Before filing probate paperwork, the executor must notify all interested parties. If no objections are raised, probate can officially begin.

Getting Help During Probate

Probate can be complex, especially when real estate is involved. Having experienced guidance can reduce stress and help avoid costly mistakes.

Unbiased Options assists families with real estate matters during probate so they can focus on what matters most. Contact us today to learn how we can help.