Overview of the Arizona Probate Process

By John P. Dombrowski

July 18, 2024

Probate is the process that validates a decedent’s will, distributes an estate’s assets, settles its debts, and otherwise carries out the final wishes of the decedent if those wishes are documented in a will or otherwise. Arizona has three types of probate:

• Informal
• Formal
• Supervised

This article describes the three types of probate within the context of the general probate process.

1. Is Probate Required? 

The first step is determine whether an estate requires probate. The determination of whether probate is required depends on the estate plan the decedent put in place, or failed to put in place. The following assets may pass to heirs without going through probate:

• Assets held in trust
• Life insurance policies and annuities
• Property held in joint tenancy whereby the surviving owner becomes the sole owner
• Community property with a right of survivorship
• Payable-on-death bank accounts
• Asset registered in a transfer-on-death form, including beneficiary deeds
• Retirement account

Assets not listed above generally require some form of probate unless either (i) the value of all personal property of the estate, after payment of debts, is $75,000 or less (ARS 14-3971.B), or (ii) the value of all Arizona real estate, after payment of debts, is $100,000 or less (ARS 14-3971.E).

2. Informal, Formal, or Supervised

After determining an estate requires probate, the next step is determining whether to use the informal, formal, or unsupervised probate process.  The time and costs for each type of probate increase from informal, to formal, to supervised. Interested parties start the probate process with a petition to the court.

Informal probate means the personal representative appointed in a will can distribute assets with minimal supervision. Informal probate offers the quickest resolution and may take 4-6 months minimum. A court’s approval of informal probate requires the presentation of the original valid will. Certain family members, heirs, or a personal representative may request informal probate.

Formal probate occurs if there is no valid will (i.e., intestate) or someone contests the will. The formal probate process provides more complications and takes more time than informal probate. Any “interested person” or a personal representative may petition the court to initiate formal probate but the court ultimately opens formal probate. “Interested persons” include any trustee, heir, devisee, child, spouse, creditor, beneficiary, personal holding power of appointment and other person who has a property right in or claim against a trust estate or the estate of the decedent.” (ARS 14-3401).

Interested persons may also request supervised probate. Under supervised probate, the court oversees the personal representative’s administration of the distribution of assets. Supervised probate usually occurs when:

• Requested in a will
• The estates debts exceed assets
• Legal action against the estate
• Court deems it necessary to protect the estate

Supervised presents the most costly type of probate in Arizona. Although the classification as informal, formal, or supervised impacts the probate process, the articles describes the remainder of the Arizona probate process below.

3. Court authorizes the personal representative

The court appoints a personal representative, typically as appointed in the decedent’s will. The court provides the personal representative with letters of appointment that authorize the personal representative to act on behalf of the estate.

4. Notify interested persons

The personal representative notifies all “interested persons” (as defined above) with information about the deceased, probate, and a copy of the will.

5. Take possession of the estate’s assets

The personal representative takes possession of the estate’s assets when necessary. For example, it may be necessary to take possession of a home if to be sold and not passed to heirs, but it may not be necessary to take possession if the heir to receive the home already lives onsite.

6. Inventory of assets 

The personal representative prepare a complete inventory of the deceased’s property within 90 days. The inventory includes account descriptions, fair market values, liens, or whether property was held as community property. The personal representative carries a continuing obligation to file supplemental inventories if other assets are discovered or values change. Interested persons may request copies of an estate’s inventory.

7. Manage the estate and distribute assets

The personal representative’s duties include the management of the estate’s assets, the payment of the decedent’s debts, and the distribution of the estate’s assets according to the decedent’s expressed wishes or the court’s approval. Debts of the estate include creditors, funeral expenses, legal expenses, taxes, and other expenses.

8. Closing the estate

After settling all the estate’s debts and distributing all remaining assets, the personal representative files a Closing Statement with the local Clerk of the Superior Court. The relevant courts in Yavapai County are the Clerk of Superior Court, Yavapai County Courthouse, 120 S. Cortez Street, Prescott, AZ 86303 and Clerk of Superior Court, Yavapai County Superior Court, 2840 N Commonwealth Drive, Camp Verde, AZ 86322.

Contact JPD Legal to assist you in every step of the probate process in Prescott, Prescott Valley, Chino Valley, and the wider Yavapai County area.

Note: This article isn’t intended as legal advice, and rules regarding this may change depending on your situation. Please Contact Us for further information or to schedule a consultation.