Short answer
Not always. In Arizona, probate is required only for certain assets that are solely in the decedent’s name and that cannot transfer automatically by operation of law, beneficiary designation, or joint ownership. Whether you must open probate depends on the type, title, and total value of the decedent’s property and on whether simplified procedures (like small‑estate affidavits) apply.
Detailed answer — When probate is required in Arizona
Probate is the court process that establishes who may administer a deceased person’s estate and how the decedent’s probate assets are distributed. When there is no valid will (intestate succession), Arizona law provides a set of rules that decide who inherits. See Arizona Revised Statutes, Title 14 (Probate and Trust Law) for the governing statutes: Arizona Revised Statutes, Title 14.
Probate is typically required in these common situations:
- Real estate titled solely in the decedent’s name and without a transfer‑on‑death deed or other automatic transfer mechanism. To change the county land records title, someone usually must open probate or use a court procedure to transfer title.
- Bank accounts, brokerage accounts, or other assets titled solely in the decedent’s name with no payable‑on‑death/transfer‑on‑death beneficiary and no surviving joint owner. Financial institutions may require letters testamentary or letters of administration from the probate court to release funds.
- When creditors must be notified and claims settled against the estate, particularly if the estate has substantial debts or contested claims.
- When a third party (for example, a title company or broker) insists on court authorization to transfer assets.
Probate is often not necessary for assets that transfer outside probate, such as:
- Assets with valid beneficiary designations (life insurance, IRAs, 401(k) plans, transfer‑on‑death (TOD) accounts). These pass directly to the named beneficiaries.
- Property held in joint tenancy with right of survivorship — the surviving joint owner generally takes title automatically.
- Assets held in a living trust (revocable trust) — trust terms govern distribution without probate.
- Assets small enough or of a type that may be collected using simplified procedures under Arizona law or court rules (see Arizona courts’ small estate procedures).
Arizona provides streamlined options for smaller estates and certain personal property. The Arizona Judicial Branch publishes self‑help information and forms for simplified collection of assets and small estate procedures. See the Arizona Courts probate self‑help pages: Arizona Courts — Probate Self‑Service.
Intestate succession (no will) — who inherits
If no will exists, Arizona’s intestate succession rules determine who receives the decedent’s probate property. The rules take into account surviving spouse, children, parents, and other relatives. Arizona is a community property state, which affects how marital property is treated on death. For specific statutory language, consult Title 14 (Probate) and the intestacy sections in the Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14.
Practical steps if someone dies without a will in Arizona
- Gather basic facts and documents: death certificate, deeds, account statements, insurance policies, and any beneficiary designations.
- Identify assets that pass outside probate (beneficiaries, joint owners, trusts).
- Contact banks, brokerage firms, and the county recorder to learn each institution’s requirements to transfer or close accounts.
- If probate seems necessary (real estate titled only in the decedent’s name, account access blocked, or substantial estate creditors), contact the probate court clerk in the county where the decedent lived or an attorney to learn next steps. The Arizona courts’ self‑help page lists local probate court information: https://www.azcourts.gov/selfservice/Probate.
- Consider whether a small‑estate affidavit or other simplified procedure applies before filing a full probate case.
Estimated timeline and cost (general guidance)
Probate time and cost vary with complexity. A simple probate may take several months; contested or complex estates can take a year or more. Costs can include court filing fees, publication costs, personal representative fees, attorney fees (if hired), and creditor claims. Arizona law allows reasonable compensation for a personal representative and for attorneys; review Title 14 for statutory provisions and limits: Arizona Revised Statutes, Title 14.
When to consult an attorney
Talk to a probate attorney if any of the following apply: the estate owns real property, the asset mix is complex (business interests, out‑of‑state property), there are potential disputes among heirs, significant creditors exist, or large taxes may be involved. An attorney can advise whether probate is required and whether simplified procedures apply.
Checklist — Documents to locate immediately
- Certified copy of the death certificate
- Deeds and vehicle titles
- Bank, brokerage, and retirement account statements
- Life insurance policies and beneficiary designations
- Marriage certificates and divorce decrees
- Records of gifts, loans, and outstanding debts
Helpful Hints
- Start by identifying titled assets. Title determines how property transfers.
- Look for beneficiary designations—those override a will or intestate claims for that asset.
- Check joint ownership and the nature of that ownership (joint tenancy vs. tenants in common).
- Use Arizona Courts’ self‑help resources for small estate affidavits and forms: Arizona Courts — Probate Self‑Service.
- Don’t assume a small cash balance means no probate; institutions still may require court documentation to release funds.
- If you are the likely heir or personal representative, secure the decedent’s records and safeguard assets (vehicles, real property, valuables) while you sort title and access issues.
- When in doubt, get a short consult with a probate attorney to avoid mistakes that can cost time and money later.