After a death in Arizona

Small estates

Two affidavits under A.R.S. 14-3971, with much higher limits since September 26, 2025. Personal property affidavit: all personal property, less liens, worth $200,000 or less. It can be used 30 days after death by any successor. Real property affidavit: Arizona real estate, less liens, worth $300,000 or less, using the assessor’s full cash value for the year of death. It is filed with the superior court no sooner than 6 months after death and then recorded. Neither works if a personal representative has been appointed or applied for.

• Limit: $200,000 personal property; $300,000 real property
• Waiting time after the death: 30 days (personal property); 6 months (real property)
• Source: the official source

Probate court

In Arizona, estates are handled by the Superior Court in the county (probate division), usually in the county where the person lived.

Creditor claims: 4 months after the first publication of the notice to creditors. A known creditor who is mailed notice has until 60 days after mailing if that is later. If no notice is given, claims are cut off 2 years after death.

Official court forms

Probate Court Forms for Maricopa County Superior Court, Arizona

Probate and small estate forms from the Maricopa County Superior Court.

Small estate form: open the form

The statewide Arizona court forms page only has guardianship and conservatorship forms. This Maricopa County page is the largest official set of estate forms. Other counties post their own forms, so check the Superior Court in the county where the person lived.

Estate and inheritance tax

• State estate tax: No. Arizona has no state estate tax.
• Inheritance tax: No. Arizona has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Beneficiary deed (A.R.S. 33-405). It must be signed, notarized, and recorded with the county recorder before death.
• Community property state: Yes.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and 2 witnesses. A self-proving affidavit before a notary is optional. Arizona also allows electronic wills.

Handwritten wills: Valid if the signature and the material parts are in the testator’s handwriting. No witnesses needed.

Power of attorney and health care directive

Financial power of attorney: Arizona has not adopted the Uniform Power of Attorney Act. Under A.R.S. 14-5501 a durable power of attorney must be signed by the principal, witnessed by one person who is not the agent, the agent’s spouse or child, or the notary, and acknowledged before a notary, with the witness also swearing an affidavit.

Health care directive: Health care power of attorney, living will, mental health care power of attorney, and prehospital medical care directive (the orange do not resuscitate form). A health care power of attorney or living will must be signed and either witnessed by one adult or notarized. The named agent and people providing the person’s care cannot be the witness. See the state form.

Death certificates

Certified copies come from the Arizona Department of Health Services, Bureau of Vital Records (also county health departments). The funeral home can usually order them for you.

Phone (602) 364-1300 or (888) 816-5907. Online orders and expedited service through VitalChek.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Arizona is a community property state. Spouses can title property as community property with right of survivorship so it passes without probate. The small estate limits rose sharply in September 2025, so older guides that say $75,000 and $100,000 are out of date.