Short answer

Yes — some assets can pass outside probate in Arizona if you use the right tools: beneficiary designations (life insurance, retirement accounts), payable-on-death (POD) or transfer-on-death (TOD) designations for bank and brokerage accounts, transfer-on-death deeds for real estate, joint ownership with rights of survivorship, or a revocable living trust. A will alone generally does not avoid probate — anything titled only in your name usually must go through probate unless it has a designated non-probate beneficiary or other transfer device.

Detailed answer — how each tool works under Arizona law

1. Wills (what they do and what they don’t)

A will declares who should inherit assets that are owned solely in your name at death. In Arizona, a properly executed will controls distribution of probate assets, but probate is the court process that validates the will and transfers title. A will does not, by itself, keep assets out of probate. If the asset is in your sole name (no beneficiary or joint owner), a will usually means the asset will go through probate so the court can enforce the will’s directions.

For an overview of Arizona probate and wills, see Arizona Revised Statutes, Title 14 (Trusts, Probate and Fiduciary Relations): https://www.azleg.gov/arsDetail/?title=14.

2. Beneficiary designations (life insurance, retirement accounts)

Accounts and contracts that allow beneficiary designations (e.g., IRAs, 401(k)s, life insurance) pass directly to the named beneficiary at death. They generally bypass probate completely, regardless of your will. To make this work:

• Keep beneficiary designations up to date and coordinated with your estate plan.
• Consider contingent beneficiaries (if your primary beneficiary dies first).
• Be aware beneficiary designations override your will for those assets.

3. Payable-on-death (POD) and transfer-on-death (TOD) accounts

Banks, brokerages, and some account custodians allow POD or TOD designations. The named payee receives the funds after you die without probate. Arizona also supports revocable transfer-on-death deeds for real property, which can transfer real estate automatically to a named beneficiary on death.

For property and related statutes, see Arizona Revised Statutes, Title 33 (Property): https://www.azleg.gov/arsDetail/?title=33.

4. Real estate: joint ownership vs TOD deed

Real estate can avoid probate if held as joint tenants with right of survivorship: when one owner dies, the property automatically belongs to the surviving owner(s). Another way is a transfer-on-death deed (beneficiary deed) which names who receives the property at death and typically avoids probate. Each approach has pros and cons (tax basis step-up, control while alive, creditor exposure, and marital/community property rules).

5. Revocable living trusts

A revocable living trust owns assets during your life and names who gets them at your death. If you retitle assets into the trust, those assets avoid probate. Trusts provide control over distributions (useful for children and minors), privacy, and potentially smoother administration. Creating and funding a trust requires careful steps — if you forget to retitle an asset, it may still require probate.

6. Children and minors — special rules

You can use beneficiary designations or TOD/POD to name children, but payments directly to minor children often create complications. Minors cannot hold assets outright without a guardian or custodial arrangement. Common options:

• Custodial accounts under a Uniform Transfers/Uniform Gifts to Minors Act (UTMA/UGMA) so a custodian manages assets for the child until the statutory age.
• A trust (testamentary or living trust) specifying how and when children receive assets — this avoids a guardianship for property and allows conditions or staged distributions.

7. Spousal rights, community property, and forced shares

Arizona is a community property state for property acquired during marriage (unless spouses opt otherwise). Spousal rights and homestead/family allowance rules can affect how much a spouse inherits and may limit the ability to disinherit a surviving spouse entirely. If you are married, consider how beneficiary designations and community property interact with your overall plan. See Title 14 for probate protections and spouse/family allowances: https://www.azleg.gov/arsDetail/?title=14.

8. When probate is still required

Probate is likely required if you own assets solely in your name at death with no beneficiary designation, no joint owner, and no TOD/POD or trust. Examples: bank accounts titled only in your name without POD, a house in your name only without a TOD deed or joint tenancy, or forgotten assets.

9. Creditor claims and taxes

Non-probate transfers generally pass outside probate, but creditors may still have rights to certain assets (e.g., claims against the estate or surviving spouse). Estate tax issues are less common in many cases, but large estates or complex assets may require tax planning.

10. Practical steps to implement an Arizona plan that avoids probate

1. Inventory assets and list titles and beneficiary forms.
2. Update beneficiary designations on retirement accounts and life insurance to reflect current wishes.
3. Change bank and brokerage accounts to POD/TOD where appropriate.
4. Consider a transfer-on-death deed for real estate you want to pass without probate.
5. Decide whether a revocable living trust makes sense for privacy, minor children, or complex distributions; if so, retitle assets into the trust.
6. Coordinate documents: trusts, deeds, beneficiary forms, and your will must work together; a will can serve as a safety net for assets not titled elsewhere.
7. Review plans after major life events (marriage, divorce, birth, death of a beneficiary, moving to a new state).

Key Arizona statute resources

• Arizona Revised Statutes, Title 14 — Trusts, Probate and Fiduciary Relations: https://www.azleg.gov/arsDetail/?title=14
• Arizona Revised Statutes, Title 33 — Property (for deeds and property rules): https://www.azleg.gov/arsDetail/?title=33

Helpful Hints

• Wills do not automatically avoid probate — use beneficiary designations, POD/TOD, TOD deeds, or a trust to bypass probate for specific assets.
• Beneficiary forms override your will for that account or policy. Keep them current.
• Transfer-on-death deeds are very useful for real estate but must be completed correctly to avoid disputes.
• If you name a child as a direct beneficiary and the child is a minor, use a trust or custodial account to avoid court-ordered guardianship for the child’s property.
• Joint ownership can avoid probate but may expose the asset to the co-owner’s creditors or affect your control while alive.
• Trusts require funding. Simply creating a trust without retitling assets will not avoid probate for those assets.
• Coordinate all documents with an estate planning attorney to avoid unintended consequences (for example, disinheriting someone unintentionally because of an old beneficiary form).
• Review beneficiary designations and property titles every few years and after major life events.