Settling an Estate in Arizona
Reviewed by DocDraft Legal Team · Arizona · Last updated August 27, 2026
Arizona routes decedents' estates to the Superior Court, the state's single general jurisdiction trial court, which sits in every county and hears estate matters through its probate division. Under A.R.S. 14-3201 the case belongs in the county where the decedent had a domicile at death. Arizona's most useful feature for families is that its small estate affidavit reaches real property as well as personal property, on two separate tracks with two separate caps under A.R.S. 14-3971: $200,000 for personal property and $300,000 for Arizona real property, each measured after liens and encumbrances. Creditors then have four months from the first publication of notice under A.R.S. 14-3801, which is the deadline that paces the whole administration.
Find out where you stand in Arizona
Where are you in settling the estate?
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Is probate required for every Arizona estate?
No. Property held in joint tenancy or community property with right of survivorship, an Arizona beneficiary deed recorded before death, payable on death accounts, life insurance, retirement plans, and trust assets pass outside probate. Arizona also allows small estate affidavits under A.R.S. 14-3971, which move personal property and real property without opening an estate.
Which court handles probate in Arizona?
The Superior Court, Arizona's single general jurisdiction trial court, which sits in every county and hears decedents' estates through its probate division. Under A.R.S. 14-3201 the case belongs in the county where the decedent had a domicile at the time of death. Arizona has no separate surrogate or orphans' court.
What is the small estate affidavit limit in Arizona, and does real property qualify?
Yes, real property qualifies, on its own track. A.R.S. 14-3971 sets two separate caps: personal property in the estate wherever located, less liens and encumbrances, must not exceed $200,000, and Arizona real property, less liens and encumbrances, must not exceed $300,000. Each affidavit carries its own waiting period after death.
How long does settling an estate take in Arizona?
Informal administration commonly runs six to twelve months, paced by the four month creditor period in A.R.S. 14-3801 that starts at first publication. A personal property affidavit can be used thirty days after death and is presented to whoever holds the asset. The real property affidavit waits six months from death.
Two affidavit caps, one of which reaches the house
The single most important thing to know about Arizona is that its small estate affidavit is not limited to bank accounts and cars. A.R.S. 14-3971 runs two parallel routes. Subsection B covers personal property: thirty days after the death of a decedent, a person entitled to the property may collect it by affidavit if the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000. Subsection E covers land: not sooner than six months after death, and only if the value of all real property in the decedent's estate located in this state, less liens and encumbrances, does not exceed $300,000, measured against the county assessment roll value. The older $75,000 and $100,000 figures still circulate, and a homeowner's family reading those numbers will wrongly conclude a full administration is unavoidable. The current text of A.R.S. 14-3971 is what governs. Both affidavits require that no personal representative has been appointed or is pending, that funeral and last illness expenses have been paid, and that the person signing is actually entitled to the property. Estates above either cap go to the Superior Court in the county of domicile under A.R.S. 14-3201, usually as an informal appointment, with supervised administration under A.R.S. 14-3501 reserved for estates that need the court's continuing authority. Once appointed, the personal representative publishes notice once a week for three successive weeks and creditors have four months from first publication under A.R.S. 14-3801. Arizona is a community property state, and A.R.S. 14-2102 gives a surviving spouse the entire intestate estate when all surviving descendants are also the spouse's, but only one half of the intestate separate property and no interest in the decedent's half of the community property when the decedent leaves descendants from another relationship.
Relevant Laws
A.R.S. 14-3971 (Collection of personal property by affidavit; transfer of real property)
Sets Arizona's two small estate affidavit routes and their caps. Personal property may be collected by affidavit thirty days after death where the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000. Real property may be transferred by affidavit not sooner than six months after death where the value of all real property in the estate located in Arizona, less liens and encumbrances, does not exceed $300,000. A separate provision covers up to $5,000 of wages owed by an employer.
A.R.S. 14-3801 (Notice to creditors)
Requires the personal representative to publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation. Creditors must present claims within four months after the date of first publication of the notice or be forever barred. Known creditors who receive actual notice have four months after the published notice or sixty days after the mailing or other delivery of the notice, whichever is later.
A.R.S. 14-3501 (Supervised administration)
Defines supervised administration as a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court. A supervised personal representative has duties and powers comparable to an unsupervised one except as the statute or the court's orders provide, and remains accountable to the court and responsive to its directions.
A.R.S. 14-2102 (Intestate share of surviving spouse)
Governs what a spouse takes when there is no will, and reflects Arizona's community property system. The spouse takes the entire intestate estate where the decedent leaves no surviving descendants from another relationship. Otherwise the spouse takes one half of the intestate separate property and no interest in the one half of the community property that belonged to the decedent, with the balance passing to the decedent's descendants.
Regional Variances
Arizona administration tracks by estate size
Unpaid wages up to $5,000
A.R.S. 14-3971 allows an affidavit to an employer for wages, salary, or other compensation owed to the decedent up to $5,000. This is the narrowest route Arizona offers, involves no court, and is separate from the general personal property affidavit. Bond is not in play because no personal representative is appointed.
Personal property of $200,000 or less
Affidavit for collection of personal property under A.R.S. 14-3971, available thirty days after the date of death where the value of all personal property in the estate, wherever located, less liens and encumbrances, does not exceed $200,000. The affidavit is presented to the holder of the asset rather than filed as a court case. No creditor publication and no bond, because no representative is appointed.
Arizona real property of $300,000 or less
Affidavit for transfer of real property under A.R.S. 14-3971, available not sooner than six months after the date of death where the value of all real property in the estate located in Arizona, less liens and encumbrances, does not exceed $300,000, valued from the county assessment roll. Filed with the Superior Court in the county where the land sits. Debts, funeral expenses, and expenses of last illness must be paid first.
Above either cap, uncontested
Informal probate and appointment in the Superior Court in the county where the decedent had a domicile at death, per A.R.S. 14-3201. Letters issue, creditors get four months from first publication under A.R.S. 14-3801, the inventory is due within ninety days of appointment under A.R.S. 14-3706, and bond is required under A.R.S. 14-3603 unless an exception applies.
Contested or otherwise in need of oversight
Formal proceedings before a Superior Court judge, and where warranted supervised administration under A.R.S. 14-3501, a single in rem proceeding under the continuing authority of the court. The same four month creditor window and ninety day inventory deadline apply, but the representative acts under court direction and answers to the court throughout.
Arizona deadlines, notice, and bond
Creditor claim window
Four months from the date of first publication of the notice to creditors under A.R.S. 14-3801, after which unpresented claims are forever barred. A known creditor given actual notice has four months after the published notice or sixty days after the mailing or other delivery of that notice, whichever is later, so mailing late extends that creditor's window rather than shortening it.
Publication requirement
A.R.S. 14-3801 requires publication once a week for three successive weeks in a newspaper of general circulation. The four month clock runs from the first publication, not the last, so getting the first insertion placed promptly after appointment is what actually shortens the administration.
Inventory deadline
Within ninety days after appointment under A.R.S. 14-3706. Arizona lets the personal representative choose between filing the original with the Superior Court and sending copies to interested persons who request one, or delivering or mailing copies to the heirs and devisees without any court filing. The ninety day deadline applies to either method.
Bond rule
Under A.R.S. 14-3603 a bond is required of a personal representative unless the will expressly waives it, all heirs or all devisees file a written waiver with the court, the representative is a bank, savings and loan, title insurance company, or public fiduciary, or the petition alleges the estate will allow summary procedures and a surviving spouse or the spouse's nominee is applying. The court may also require a bond on an interested person's petition showing that person's interest is in danger.
Suggested Compliance Checklist
Separate probate assets from non probate assets and value them
Weeks 1-3 days after startingList everything the decedent owned, then strip out survivorship property, property covered by an Arizona beneficiary deed, payable on death accounts, life insurance, retirement accounts with a living beneficiary, and trust assets. What remains is the probate estate that gets tested against A.R.S. 14-3971. Record liens and encumbrances against each asset, since both caps are measured net of them.
Test the estate against the $200,000 and $300,000 caps separately
Weeks 1-4 days after startingCompare total personal property wherever located, less liens and encumbrances, against the $200,000 cap in A.R.S. 14-3971, and Arizona real property, less liens and encumbrances, against the $300,000 cap. Use the county assessment roll value for the land. Confirm no personal representative has been appointed and none is pending, and that funeral and last illness expenses have been paid.
Prepare the A.R.S. 14-3971 affidavit and respect the waiting period
30 days after death for personal property, 6 months for real property days after startingDraft the affidavit for the applicable route. The personal property affidavit may be used thirty days after death and is presented to the institution holding the asset. The real property affidavit may not be used sooner than six months after death and is filed with the Superior Court in the county where the property is located, with a certified death certificate attached.
Publish the notice to creditors and calendar four months from first publication
Promptly after appointment days after startingArrange publication once a week for three successive weeks in a newspaper of general circulation, as A.R.S. 14-3801 requires, and mail notice to every creditor you know of. Diary four months from the date of the first publication. Do not distribute to beneficiaries before that date, because a timely claim after distribution can land on the personal representative.
Complete the inventory within ninety days of appointment
Within 90 days of appointment days after startingPrepare a complete inventory of the estate with values as of the date of death under A.R.S. 14-3706. Then choose the delivery method the statute allows: file the original with the Superior Court and send copies to interested persons who request one, or deliver or mail copies to the heirs and devisees and other interested persons who request one without filing.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Separate probate assets from non probate assets and value them | List everything the decedent owned, then strip out survivorship property, property covered by an Arizona beneficiary deed, payable on death accounts, life insurance, retirement accounts with a living beneficiary, and trust assets. What remains is the probate estate that gets tested against A.R.S. 14-3971. Record liens and encumbrances against each asset, since both caps are measured net of them. | - | Weeks 1-3 |
| Test the estate against the $200,000 and $300,000 caps separately | Compare total personal property wherever located, less liens and encumbrances, against the $200,000 cap in A.R.S. 14-3971, and Arizona real property, less liens and encumbrances, against the $300,000 cap. Use the county assessment roll value for the land. Confirm no personal representative has been appointed and none is pending, and that funeral and last illness expenses have been paid. | - | Weeks 1-4 |
| Prepare the A.R.S. 14-3971 affidavit and respect the waiting period | Draft the affidavit for the applicable route. The personal property affidavit may be used thirty days after death and is presented to the institution holding the asset. The real property affidavit may not be used sooner than six months after death and is filed with the Superior Court in the county where the property is located, with a certified death certificate attached. | small-estate-affidavit | 30 days after death for personal property, 6 months for real property |
| Publish the notice to creditors and calendar four months from first publication | Arrange publication once a week for three successive weeks in a newspaper of general circulation, as A.R.S. 14-3801 requires, and mail notice to every creditor you know of. Diary four months from the date of the first publication. Do not distribute to beneficiaries before that date, because a timely claim after distribution can land on the personal representative. | - | Promptly after appointment |
| Complete the inventory within ninety days of appointment | Prepare a complete inventory of the estate with values as of the date of death under A.R.S. 14-3706. Then choose the delivery method the statute allows: file the original with the Superior Court and send copies to interested persons who request one, or deliver or mail copies to the heirs and devisees and other interested persons who request one without filing. | asset-inventory | Within 90 days of appointment |
Frequently Asked Questions
Yes, that is the practical risk. A.R.S. 14-3801 bars creditors who do not present a claim within four months of first publication, but until that window closes the estate remains exposed. A representative who hands assets to the beneficiaries and then faces a timely claim may have to recover the money from family members or answer for the shortfall personally. Waiting out the four months is the protection.
Informal proceedings are handled administratively and are the ordinary route for an uncontested Arizona estate. Formal proceedings are litigated before a judge and are used when the will, the heirs, or the choice of representative is disputed. Supervised administration under A.R.S. 14-3501 is a single in rem proceeding under the court's continuing authority, in which the representative stays accountable to the court and responsive to its directions throughout.
Arizona is a community property state, so half the community property already belongs to the survivor and is not part of the estate. Under A.R.S. 14-2102 a surviving spouse takes the entire intestate estate when there are no surviving descendants of the decedent from another relationship. Where such descendants exist, the spouse takes one half of the intestate separate property and no interest in the decedent's half of the community property.
Not necessarily. A.R.S. 14-3706 requires the inventory within ninety days after appointment, but it gives the representative a choice. The original may be filed with the court with copies sent to interested persons who request one, or the representative may deliver or mail copies to the heirs and devisees and other interested persons who request one without filing anything. The deadline applies either way.
The Arizona affidavit route does not reach it. A.R.S. 14-3971 limits the real property affidavit to real property in the decedent's estate located in this state, so land in another state falls outside the $300,000 cap entirely. Out of state real property is generally handled through an ancillary proceeding in the state where it sits, under that state's rules, in addition to the Arizona administration.
Other Arizona guides
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