Short answer
Generally no. Assets that pass automatically by right of survivorship (for example, true joint-tenancy property or accounts that name a pay-on-death beneficiary) typically transfer outside probate and are not part of the probate estate that the personal representative must list on the formal probate inventory. However, you should still identify and document those assets for the court, creditors, and beneficiaries, and you should confirm the ownership form and any local filing requirements under Arizona law.
Detailed answer (Arizona)
Arizona recognizes several ways assets can pass outside probate: joint tenancy with right of survivorship, community property with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) designations, life insurance and retirement account beneficiary designations, and property held by trust. When an asset truly passes by right of survivorship, ownership immediately vests in the surviving joint owner and the asset is usually not administered through probate.
What the inventory normally must include
The probate inventory required by the court is generally meant to list property that belongs to the decedent’s probate estate. Those probate assets are the ones available to pay creditors and to distribute under the will or intestacy rules. Assets that passed outside probate by operation of law are usually not part of that inventory. For an overview of Arizona probate law, see Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. The Arizona Courts also provide practical probate information: https://www.azcourts.gov/selfservicecenter/Probate.
When you still should disclose survivorship assets
- Clarity for the court: Many courts expect the personal representative to file an inventory and may want a separate schedule or note listing nonprobate transfers to show what passed outside probate.
- Creditor notice and claims: Creditors may be entitled to information about nonprobate transfers in certain circumstances. If the probate estate has insufficient assets to pay allowed claims, a court or creditor may examine transfers made before death.
- When survivorship is not clear: If the title documents are ambiguous (for example, a joint account that looks like convenience-only rather than true joint tenancy), the asset might be treated as part of the probate estate unless you can prove the right of survivorship.
- Disputes among heirs or joint owners: If family members dispute whether an account was held in joint tenancy with right of survivorship versus held for convenience, you should document and, if necessary, bring the issue to the court or an attorney.
Common exceptions and traps
- Nominal joint owners: If the joint owner was added shortly before death solely to avoid creditors, a court may treat the property as still belonging to the decedent’s estate.
- Beneficiary designations control over wills: Life insurance and retirement accounts pass per their beneficiary designation and do not go through probate unless no valid beneficiary survives.
- Community property with right of survivorship: Arizona recognizes community property with right of survivorship, which also bypasses probate when properly set up.
Practical steps to take
- Identify titles and beneficiaries. Gather deeds, bank statements, retirement and insurance paperwork, and any account agreements that show how ownership is titled.
- Confirm survivorship language. Look for terms like “joint tenants with right of survivorship,” “JTWRS,” or “community property with right of survivorship” on deeds and account forms.
- Make a clear schedule. Even if you do not list survivorship assets on the formal probate inventory, prepare a separate schedule that lists nonprobate assets, their form of title, and where original documents are located. Provide that schedule to the personal representative and the court if requested.
- Provide death certificates and follow institutional procedures. Financial institutions and title companies typically require a certified death certificate and specific forms to transfer nonprobate assets to the surviving owner.
- Document communications. Keep records of your communications with banks, title companies, and the court. That protects you if a dispute later arises.
- Talk to an Arizona probate attorney if there is any doubt. If ownership form is ambiguous, if creditors assert claims, or if family members challenge the transfers, get legal advice promptly.
Helpful Hints
- Short and clear: If an asset truly passed by right of survivorship, you generally do not include it among probate estate assets on the court inventory—but you should still list it on a separate schedule or disclose it upon request.
- Evidence matters: Keep copies of deeds, account agreements, and beneficiary forms to prove nonprobate status.
- Don’t assume bank statements prove survivorship: Banks sometimes label joint accounts inconsistently. Always check the account agreement.
- Watch for last-minute jointings: Transfers made shortly before death can be scrutinized for fraud or intent to defeat creditors.
- Notify beneficiaries and creditors promptly: This reduces surprise and potential litigation later.
- When in doubt, get local help: Arizona probate law and local court practice can affect whether you must disclose certain information; a local attorney or the probate clerk can help.
Important disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For guidance about a specific situation under Arizona law, consult a licensed Arizona attorney.