Losing someone is hard enough on its own. Then, before you've even had time to breathe, someone mentions probate—and suddenly you're trying to figure out what that word even means while you're still grieving.
If you're here because someone close to you just passed away and you've been told their estate needs to go through probate in Arizona, this article is for you.
What Probate Actually Is
Probate is the court-supervised process of wrapping up a person's estate after they die. It's how Arizona legally transfers a deceased person's assets—their home, bank accounts, personal property—to the people who are supposed to receive them.
If your loved one had a will, probate is how the court validates it and makes sure their wishes are carried out. If they didn't have a will (what's called dying "intestate"), probate is how the court figures out who gets what based on Arizona's inheritance laws under A.R.S. Title 14. Either way, the Maricopa County Superior Court oversees the process.
It's a lot to take on while you're grieving. But understanding the process helps you move through it with less confusion and fewer surprises.
Does Every Estate Have to Go Through Probate?
Not always. Arizona has a few exceptions worth knowing about.
Assets that pass outside of probate include things like jointly owned property with right of survivorship (such as a home owned jointly between spouses), accounts with named beneficiaries like life insurance policies, retirement accounts, and payable-on-death bank accounts, and assets held inside a properly funded revocable living trust.
If your loved one had a trust and it was set up correctly, their assets may pass directly to the beneficiaries without going through court at all. If they didn't—or if assets were left out of the trust—those assets typically go through probate. How a trust is set up and funded makes all the difference, and that's a bigger topic worth understanding if you're also thinking about trusts and estate planning for your own family down the road.
Arizona also has a simplified process for smaller estates. If the total value of the probate estate is $75,000 or less for personal property, or $100,000 or less for real property, heirs may be able to use an affidavit process instead of formal probate. This is a much faster and cheaper option when it applies. If the estate doesn't qualify, you're looking at formal probate through Maricopa County Superior Court.
What the Probate Process Looks Like in Arizona
Here's a general breakdown of what to expect.
Step 1: Filing a Petition with the Court. Probate begins when someone—usually a family member or the person named as executor in the will—files a petition with Maricopa County Superior Court to open the estate. If there's a will, it gets submitted to the court at this stage for validation.
Step 2: Appointing a Personal Representative. The court will appoint a personal representative (sometimes called an executor) to manage the estate. If your loved one named someone in their will, that person is typically appointed. If there's no will, the court follows a priority list under Arizona law—usually a surviving spouse, then adult children, and so on. The personal representative has real responsibilities: identifying and protecting assets, notifying creditors, paying valid debts, filing final tax returns, and eventually distributing what's left to the beneficiaries.
Step 3: Notifying Creditors. Arizona law requires that creditors be notified of the death and given an opportunity to file claims against the estate. Under A.R.S. § 14-3801, this notice must be published in a local newspaper. Creditors then have a set window—typically four months from the date of published notice—to submit their claims. This is one of the reasons probate takes as long as it does. The estate can't be fully distributed until that period has run and valid debts have been paid.
Step 4: Inventorying the Estate. The personal representative takes stock of everything the deceased owned—real estate, vehicles, bank accounts, personal property, investments—and determines the value of those assets. In some cases, real estate or other property may need a professional appraisal.
Step 5: Paying Debts and Taxes. Before anyone receives an inheritance, the estate's debts come first. That includes outstanding loans, medical bills, credit cards, and any taxes owed. If the estate doesn't have enough to cover everything, Arizona law determines the order in which debts get paid.
Step 6: Distributing What's Left. Once debts are settled and the court approves, the remaining assets are distributed to the beneficiaries named in the will—or, if there was no will, according to Arizona's intestate succession laws under A.R.S. Title 14.
How Long Does Probate Take in Arizona?
Realistically, most formal probate cases in Arizona take somewhere between six months and eighteen months from start to finish. Simpler estates with clear documentation and no disputes tend to move faster. More complex estates—especially those involving real estate, business interests, disputes among heirs, or creditor claims—can take longer.
That timeline matters, because it means your family may not have access to certain inherited assets for a significant stretch of time. In the meantime, bills still need to be paid and property still needs to be maintained.
What Happens If There's No Will?
If your loved one passed away without a will, their estate is considered "intestate," and Arizona law steps in to determine who inherits what. Under A.R.S. § 14-2101 and the sections that follow, assets generally pass to the closest living relatives—surviving spouse, children, parents, siblings—in a specific order.
It doesn't mean no one gets anything. It just means the court follows the state's formula rather than the deceased person's personal wishes. And that formula doesn't always match what the family expected. Intestate estates still go through the full probate process, and without a will to guide things, disputes are more common.
What a Probate Attorney Actually Does for You
Probate has a reputation for being expensive and drawn-out, and it can be—but the process is a lot smoother when you have someone who knows it walking beside you.
A probate attorney helps the personal representative understand their legal duties, makes sure deadlines are met, handles the court filings, communicates with creditors, and keeps the process moving in the right direction. If there are disputes among heirs or complications with the estate, having an attorney becomes even more important. If you're navigating this right now, our Phoenix probate attorney can walk you through what comes next.
One More Thing Worth Knowing
Going through probate for a loved one's estate is something most people only do once or twice in their life, if ever. It's unfamiliar territory, and it lands at the worst possible time—when you're already grieving and overwhelmed.
The best thing you can do right now is get clear on what you're working with. Do you know whether your loved one had a will or a trust? Do you know what assets they owned and how those assets were titled? Those two things will shape everything about the process ahead.
If you're unsure where to start, or if you've already started and hit a wall, that's what we're here for. The process doesn't have to be as painful as it sounds.