Detailed answer — can you rely on the small estate process and do you need to publish a three‑month notice?

Short answer: In Arizona, you usually cannot simply use the small estate process to sell a house without either a court order or a transfer method that avoids probate. The three‑month creditor notice (the typical creditor claims period in probate) is part of formal probate/administration, not necessarily part of every small‑estate affidavit procedure. Whether you must run a published notice to creditors depends on how title to the home passes and whether the estate must be administered in probate.

Key points:

• Non‑probate transfers: If the house already passes outside probate — for example by joint tenancy, a transfer‑on‑death deed (beneficiary deed), or a living trust — the transferee can usually sell the house without opening probate. Check the deed and any trust paperwork first.
• Small estate affidavit limitations: Arizona has a statutory small‑estate process that lets certain personal property and limited estate assets transfer without formal administration under the small‑estate rules. That procedure has eligibility rules and limits and often focuses on personal property. Whether it can be used for real property (a house) is limited and fact‑specific. See Arizona’s probate statutes regarding small estates for the statutory language and limits: Arizona Revised Statutes, Title 14 (Probate and Trusts) (see the small‑estate provisions in Title 14). https://www.azleg.gov/ars/14/
• Formal probate and creditor notice: If the decedent’s real property requires probate administration (for example because there is no non‑probate transfer and the buyer or title company needs court authority to convey clear title), the court will appoint a personal representative and the estate must give notice to creditors. That probate creditor notice period gives creditors a fixed time to present claims. The formal probate process commonly includes published notice for unknown creditors as allowed by the statutes and court rules.
• Practical consequence for selling a house: Title companies and buyers want clear title or court authority. If the house title remains solely in the decedent’s name and no non‑probate transfer applies, most buyers or lenders will require either: (a) a recordable transfer (such as a beneficiary deed or trustee deed), (b) an affidavit permitted by statute that the title company accepts, or (c) a court‑issued document (letters testamentary or court order) from probate. If probate is required, the creditor notice period and administration rules will apply.

Because the small‑estate rules and the creditor‑notice requirements interact and because title companies differ in what they accept, you should confirm which option applies to your situation before attempting to sell. The state statutes that govern probate and small‑estate transfer procedure are in Arizona Revised Statutes Title 14. https://www.azleg.gov/ars/14/

Typical scenarios — what usually happens

1. House held in joint tenancy or with right of survivorship: The surviving joint owner becomes owner automatically. No probate and no creditor publication are normally required. The survivor can sell the house, subject to whatever title company requires.
2. House has a valid transfer‑on‑death (beneficiary) deed or is in a living trust: The designated beneficiary or successor trustee can transfer or sell without probate in most cases. No creditor publication for probate is normally required.
3. No non‑probate transfer and small estate affidavit candidate: If the estate otherwise qualifies for Arizona’s small‑estate procedures and the statute allows transfer of the specific asset type, you might be able to use that procedure. Many small estate affidavit rules focus on personal property or have limits that make them unsuitable for selling real property. Check the statute and the title company’s requirements.
4. Property requires formal probate: If the house must go through administration, the court will appoint a personal representative and the estate will give notice to creditors. That process includes time for creditor claims (the creditor period). If required, publication or other forms of notice to creditors may be part of that process under Arizona probate rules.

What you should do next — practical step‑by‑step

1. Locate the deed and check whether the house is titled in joint tenancy, held in trust, or has a transfer‑on‑death designation. If so, those non‑probate methods usually avoid probate.
2. Gather basic estate information: the decedent’s will (if any), other asset lists, and the rough value of the house and other estate assets.
3. Contact the county recorder’s office or a title company to see what document they will accept to clear title and allow a sale. Title companies often set the practical standard for whether you need probate or other documents.
4. If probate seems necessary, consult the probate statutes and the local probate court clerk’s office about the creditor‑notice requirements. If the court opens formal administration, the estate will follow notice rules to creditors under Title 14. https://www.azleg.gov/ars/14/
5. When in doubt, consult a probate attorney. Small differences in facts (a beneficiary deed versus intestacy) make a big difference in what you can do and whether a published creditor notice is required.

Helpful hints

• Check for a transfer‑on‑death (beneficiary) deed or joint tenancy first — they often avoid probate entirely.
• Ask a title company early. They will tell you what paperwork they require to insure a sale of the house.
• Don’t assume small‑estate affidavit works for real property; many small‑estate rules are limited to personal property or have caps and special requirements.
• If the court opens probate, expect a creditor‑claims period and possible published notices if required by the court and statute.
• Keep receipts and records if you act for the estate. A later accounting or claim may require documentation of sales, repairs and distributions.
• Speak to a probate attorney if the house has liens, a mortgage, or disputes among heirs — a sale under those conditions often needs court supervision or approval.