Estate Planning & Probate in Arizona

Essential Documents in Arizona Estate Planning

A complete estate plan includes several legal documents. Each plays a different role in protecting your wishes.

Typical documents include:

• Last Will and Testament – States who inherits your property and names a personal representative to handle your estate.
• Revocable Living Trust – Lets you transfer property directly to beneficiaries without probate.
• Durable Power of Attorney – Allows someone to manage your finances if you can’t.
• Healthcare Power of Attorney – Allows someone to make medical decisions on your behalf.
• Living Will (Advance Directive) – Describes your end-of-life care preferences.
• HIPAA Authorization – Gives loved ones access to your medical information.
  

Together, these documents ensure someone you trust can act for you when needed, and that your family knows what to do without going to court.

What Is Probate?

Probate is the court-supervised legal process that happens after someone dies. It’s used to settle their estate: gather assets, pay debts, and transfer what’s left to the rightful heirs or beneficiaries. Probate may be required in Arizona whether the person had a will or not. If there’s no will, the state decides who inherits using “intestate succession” laws.

Probate typically involves:

• Filing a petition with the court
• Appointing a personal representative (executor)
• Notifying creditors and beneficiaries
• Inventorying and valuing the estate
• Paying debts, taxes, and fees
• Distributing assets to heirs
  

When Is Probate Required?

Arizona doesn’t require probate for every estate. Whether it’s necessary depends on the size and type of assets involved.

Probate is likely required when:

• The person owned real estate in their name only
• The total value of assets exceeds $75,000
• There’s no valid will
• Multiple heirs disagree about what should happen

Probate may not be needed if:

• All assets are in a living trust
• Property is jointly owned with survivorship rights
• Accounts have designated beneficiaries (e.g., life insurance)
• The estate qualifies for a small estate affidavit
  

Types of Probate in Arizona

Arizona offers three types of probate depending on the situation:

1. Informal Probate

The most common type, used when there’s a valid will and no disputes.

Key features:

• No court hearings required
• Personal representative handles most tasks
• Quicker and less expensive
  

2. Formal Probate

Used when the will is contested or questions about heirs arise.

Key features:

• Requires court hearings
• May involve evidence and testimony
• Used when legal conflicts exist
  

3. Supervised Probate

Used for complex or high-conflict estates. The court must approve every major step.

Key features:

• Court oversight of the entire process
• Common in disputes or when large estates are involved
  

The Role of the Personal Representative

The personal representative (also called an executor) is the person responsible for managing the estate during probate. They may be named in a will or appointed by the court.

Duties include:

• Collecting and valuing property
• Notifying beneficiaries and creditors
• Paying debts and final expenses
• Filing court reports
• Distributing property to the correct people

This role carries legal responsibility. Mistakes, delays, or failure to follow court rules can result in penalties or liability.

Common Probate Issues

Even with a valid will, probate can become complicated. Delays and disputes often arise when family dynamics are tense or estate planning was incomplete.

Challenges that can occur:

• The will is unclear, missing, or contested
• Multiple family members claim the same property
• Creditors file unexpected claims
• Real estate is hard to sell or divide
• The personal representative is uncooperative or makes errors
  

These situations can delay probate by months and increase legal costs. Clear estate planning reduces the chance of these problems.

How Estate Planning Helps You Avoid Probate

Proper planning can help your family avoid or simplify probate altogether.

Ways to avoid probate:

• Set up a revocable living trust
• Use POD (payable on death) or TOD (transfer on death) accounts
• Add beneficiaries to life insurance and retirement accounts
• Title assets jointly with survivorship rights
• Keep your total estate under the small estate limit
  

Planning now allows assets to transfer smoothly, and privately, without going through court.

Special Considerations

1. Planning for Minor Children

If you have children under 18, estate planning allows you to:

• Name a guardian in your will
• Create a trust to manage money for their future
• Ensure someone you trust is caring for them, not the court’s default
  

2. Blended Families

If you’re remarried or have children from different relationships:

• Update documents to reflect your current wishes
• Clarify who inherits what
• Prevent accidental disinheritance
  

What to Do After a Loved One Passes

If you’ve recently lost someone, you may be unsure whether probate applies or how to begin the process.

Start by:

• Locating the will or trust
• Requesting death certificates
• Listing assets and accounts
• Identifying beneficiaries or heirs
• Avoiding asset transfers until legal steps are complete
  

The first steps are often administrative, but it’s important not to rush or guess, especially with legal timelines in place.

Book a Consultation

Estate planning and probate can feel overwhelming, but they don’t have to be. Whether you’re creating your own plan or settling a loved one’s estate, having the right guidance makes the process easier and more secure. Book a confidential consultation today to get clear, step-by-step support.

Schedule a Consultation