How Probate Works After a Death in Arizona

Arizona significantly expanded who can avoid full probate in 2025, alongside a distinctive real estate planning tool many homeowners use instead.

What is informal probate in Arizona?

Arizona’s adoption of the Uniform Probate Code allows many straightforward, uncontested estates to go through informal probate - processed without a full court hearing, generally faster than formal probate proceedings that require more court involvement.

What are the current small estate affidavit thresholds?

Under A.R.S. § 14-3971, Arizona’s small estate affidavit thresholds increased substantially, effective September 26, 2025 (HB 2116):

• Personal property: up to $200,000 (up from $75,000), available 30 days after death
• Real property equity: up to $300,000 (up from $100,000), available after a 6-month wait

Notably, the new limits apply to affidavits filed on or after September 26, 2025, regardless of the actual date of death - meaning even an older estate that didn’t previously qualify might now. See our companion piece explaining this process in depth.

What is a beneficiary deed?

Arizona allows beneficiary deeds, which let real estate transfer directly to a named beneficiary at death, entirely outside of probate - regardless of the property’s value. This is a distinct planning tool from the small estate affidavit, worth discussing with an estate attorney well before it’s needed.

Does Arizona have a state estate or inheritance tax?

No - Arizona has no separate state estate or inheritance tax.

What should I do next?

Given the September 2025 threshold increase applies regardless of date of death, revisit whether an older estate might now qualify for the small estate affidavit even if it didn’t before. If real estate is involved and you’re planning ahead rather than handling an existing estate, ask an attorney whether a beneficiary deed might avoid probate for that property entirely.

Add this to your Final Day Plan: whether you’d want to set up a beneficiary deed for any Arizona real estate you own - it’s a genuinely simple way to keep that specific asset out of probate altogether, regardless of its value.

Arizona law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Arizona-licensed attorney for guidance specific to your situation.