Probate in Arizona: What Your Family Goes Through Without a Will

Most estates in Arizona pass through probate, though a handful of exceptions can shortcut the process. When someone dies without a will or legally valid plan, this is called intestate succession. An estate will go through probate in Arizona if there is no will. There are a few exceptions, outlined below.  

Here's what typically skips probate.

• Designate beneficiaries for life insurance.

• Identify beneficiaries for retirement accounts  

• Transfer the ownership of bank or brokerage accounts with a payable-on-death or transfer-on-death designation.

• Title community property with right of survivorship.

If none of these apply, an estate that isn’t governed by a will goes through probate in Arizona. Arizona significantly raised its small estate thresholds in 2025: personal property valued at $200,000 or less can transfer by affidavit after 30 days, and real property with $300,000 or less in equity can use a similar affidavit after six months.

Succession Laws Without a Will in Arizona

Understanding who inherits starts with how Arizona classifies property between spouses. Arizona is unique as one of nine community property states. Property acquired during the marriage is generally owned equally by both spouses, so a surviving spouse already owns half of it outright. Only the decedent's half of community property, plus any separate property acquired before the marriage or by gift or inheritance, passes according to intestate succession.

If none of the exceptions above apply, the estate will go through probate and be distributed as follows.

• If you are married and all of your children are also your spouse's children, your spouse inherits everything: all of your separate property and all of your half of the community property.

• If you have children from a prior relationship, your spouse inherits half of your separate property and none of your half of the community property. Your children inherit the other half of your separate property plus your entire half of the community property.

• If you are married with no children, your spouse gets the entire estate.

• If you have children but no spouse, your children will equally divide your estate.

• If you have no spouse and no children, your parents inherit everything.

Arizona Probate Process

Arizona probate is filed with the Superior Court in the county where the deceased lived. Most uncontested estates use informal probate, which involves minimal court oversight and typically wraps up in 6 to 12 months. Arizona has no state estate or inheritance tax, and interested parties generally have four months after receiving notice that the informal probate is granted to contest the will.

Avoiding Probate in Arizona

Probate has a reputation for being slow and costly, so many families look for ways around it. Here are the main options.

• Revocable living trust. Gives you full control over your estate as the trustee, while naming a successor trustee who fulfills distribution of assets according to your wishes.  

• Put a payable-on-death (POD) designation or a transfer-on-death (TOD) designation to transfer ownership to new owners of financial and retirement accounts.

• Title real estate you own with your spouse as community property with right of survivorship, which passes it directly to your spouse without probate.

• Establish joint ownership with right of survivorship for property you own with someone other than a spouse.

Ready to learn more about trusts in Arizona? Check out the trust requirements.