Detailed answer — overview

This explanation describes, under Arizona law, the common categories of assets that usually must go through court administration (probate) and the common categories that transfer automatically to survivors outside probate. It uses basic hypothetical examples to show how each rule typically works. This is educational only and not legal advice.

Short answer

Assets titled solely in the decedent’s name with no named beneficiary or surviving co-owner generally must be administered through probate. Assets titled with a surviving joint owner, assets that name a beneficiary (life insurance, retirement accounts, payable-on-death accounts), transfer-on-death registrations/deeds, and certain community-property forms typically pass directly to the surviving owner or beneficiary and do not require probate.

Key Arizona law pages

• Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings): https://www.azleg.gov/arstitle/14/
• Arizona Revised Statutes, Title 33 (Real and Personal Property — includes transfer-on-death deeds): https://www.azleg.gov/arstitle/33/
• Arizona Judicial Branch — probate self-help and forms: https://www.azcourts.gov/self-help/probate

Which assets typically must go through probate in Arizona

Probate is the court-supervised process that collects a decedent’s probate assets, pays debts and taxes, and distributes remaining property under a will or Arizona intestacy rules. Typical probate assets include:

• Property titled solely in the decedent’s name — e.g., a house deeded only to the decedent, a car titled only to the decedent, or a bank account titled solely in the decedent’s name with no payable-on-death (POD) designation.
• Personal property with no beneficiary or joint owner — e.g., household goods, jewelry, or collectibles that are not otherwise assigned by contract or beneficiary form.
• Business interests that are owned solely by the decedent (unless governed by a buy-sell agreement or contract that directs a nonprobate transfer).
• Assets where beneficiary designations are missing, invalid, or outdated — for example, a retirement account whose named beneficiary predeceased the account owner and no contingent beneficiary exists.

Practical example: If Alice owned a rental house titled only in her name and died without a valid transfer-on-death deed or a joint owner, the house usually must be handled through probate so the court can transfer title to her heirs or to the person named in her will.

Which assets typically pass directly to survivors (nonprobate transfers)

Certain types of ownership or contractual arrangements create automatic transfers at death that avoid probate. Common nonprobate transfers in Arizona include:

• Joint tenancy with right of survivorship — property held in joint tenancy passes automatically to the surviving joint tenant(s) by operation of law.
• Community property with right of survivorship — spouses can hold property as community property with right of survivorship so the surviving spouse takes title automatically (this is a form of nonprobate transfer when properly titled).
• Beneficiary-designated accounts and contracts — life insurance proceeds, retirement accounts (IRAs, 401(k)s), annuities, and other contracts that name a beneficiary pay directly to the named beneficiary outside probate.
• Payable-on-death (POD) and transfer-on-death (TOD) bank accounts and securities — accounts that include POD or TOD designations transfer to the named payee/beneficiary when the owner dies.
• Transfer-on-death deeds for real property — Arizona law recognizes revocable transfer-on-death deeds for real estate that allow the owner to name a beneficiary who takes title automatically at death if the deed was recorded according to statutory requirements. See Arizona law on property transfers: https://www.azleg.gov/arstitle/33/.
• Contracts that name a beneficiary — some payable contracts or accounts (e.g., certain brokerage accounts) include transfer instructions outside probate.

Practical example: Bob had his retirement account name his daughter as beneficiary. When Bob dies, the retirement plan pays the account balance to his daughter directly, and that asset generally does not go through probate.

Special procedures and simplified options in Arizona

Arizona law provides quicker or simplified procedures in some cases:

• Small estate procedures — Arizona has simplified, faster methods to claim small estates without full probate. The Arizona Courts self-help pages explain thresholds and forms: https://www.azcourts.gov/self-help/probate.
• Affidavit-based transfers — for certain personal property and small bank accounts, surviving relatives may be able to rely on affidavits or statutory forms to collect assets without a full probate administration.

Common complications and what to watch for

• Out-of-date beneficiary designations — a will does not override a beneficiary designation on an IRA, life insurance policy, or retirement plan. If the beneficiary form is old or names a deceased person, the asset may become probate property.
• Assets titled inconsistently — the way property is titled (sole name, joint tenancy, community property) determines transfer rules. Small errors in title language can cause otherwise nonprobate assets to enter probate.
• Creditors and estate debts — some nonprobate assets may still be reachable by creditors depending on circumstances. Probate provides a formal process to notify creditors and settle debts.
• Real property records — to use a transfer-on-death deed, Arizona requires specific recording steps; if the deed wasn’t properly executed or recorded, the transfer may fail and probate may be necessary. See Arizona property statutes: https://www.azleg.gov/arstitle/33/.

What survivors should do first

1. Locate the decedent’s vital documents: will, trust documents, deeds, account statements, insurance policies and beneficiary forms.
2. Check title and beneficiary designations on bank and brokerage accounts, retirement plans, life insurance, and deeds.
3. Contact the institutions that hold assets (banks, plan administrators) to learn their requirements for payment to survivors.
4. Visit the Arizona Judicial Branch probate self-help pages for procedures and forms: https://www.azcourts.gov/self-help/probate.
5. If the estate looks complex (real property, business interests, contested beneficiary claims, substantial debts), consult a probate attorney licensed in Arizona for guidance.

Final practical hypotheticals

Hypothetical A: Carol held a bank account as “Carol Smith, POD to Frank Smith.” When Carol dies, the bank will pay Frank directly without probate when Frank presents the required documents.

Hypothetical B: Dan owned his house only in his name and did not use a transfer-on-death deed. Dan left a will leaving the house to his sister. The sister must open probate to transfer title under Dan’s will.

Disclaimer

This article explains general Arizona principles and is educational only. It does not provide legal advice, form a lawyer-client relationship, or substitute for consulting a qualified Arizona attorney about your specific situation.

Helpful hints

• Gather documents immediately: death certificate, titles, account statements, insurance policies, and will/trust documents.
• Check beneficiary forms first — they usually control over a will for that specific asset.
• Look at how property is titled (sole name, joint tenancy, community property with right of survivorship) — title determines many outcomes.
• If you find a recorded transfer-on-death deed, confirm it meets Arizona recording requirements before assuming it will avoid probate. See Arizona property law: https://www.azleg.gov/arstitle/33/.
• Use the Arizona Courts self-help probate resources for step-by-step forms and thresholds: https://www.azcourts.gov/self-help/probate.
• When in doubt about whether an asset must go through probate or how to use small-estate procedures, talk to an Arizona probate attorney early to avoid delays and accidental loss of rights.