Arizona trusts and estates law lives in Title 14 of the Arizona Revised Statutes, and it covers the full arc of what happens to a person’s property and affairs at death or incapacity: how wills are made and revoked, who inherits when there is no will, how probate works, which transfers skip probate entirely, and how courts protect adults and minors who can’t manage their own decisions. One fact shapes almost every rule that follows. Arizona is a community property state, so a surviving spouse already owns half of everything acquired during the marriage, and only the decedent’s half is ever available to distribute.
What Makes an Arizona Will Valid
A standard written will in Arizona must meet three requirements under A.R.S. 14-2502. It must be in writing, signed by the testator (or by someone else at the testator’s direction and in the testator’s presence), and signed by at least two witnesses who each saw the signing or heard the testator acknowledge the signature or the will.1Arizona Legislature. Arizona Code 14-2502 – Execution of Wills Witnesses don’t have to sign at the same moment, but each must sign within a reasonable time after watching the testator sign or acknowledge.
Arizona also recognizes holographic wills, which need no witnesses at all. The will is valid if the signature and the material provisions (who gets what) are in the testator’s own handwriting.2Arizona Legislature. Arizona Code 14-2503 – Holographic Will Handwritten wills are useful in a pinch, but the absence of witnesses makes them a frequent target of challenge.
Revoking a Will
A will can be revoked two ways. The first is a new will that either expressly revokes the old one or is so inconsistent that both can’t stand. A new will that disposes of the entire estate is presumed to replace the old one; a new will covering only part of the estate is presumed to supplement, not replace. The second is a physical act: burning, tearing, canceling, or destroying the will with intent to revoke. Someone else can do it, but only in the testator’s conscious presence and at the testator’s direction, and the burn or tear doesn’t have to touch the words themselves.3Arizona Legislature. Arizona Code 14-2507 – Revocation by Writing or by Act
Marriage After the Will Was Signed
Marrying after signing a will doesn’t automatically leave the new spouse out. Under A.R.S. 14-2301, a spouse who married the testator after the will was executed receives an intestate share of the estate unless the will was made in contemplation of the marriage, says expressly that it survives any later marriage, or the testator provided for the spouse outside the will (through a trust or life insurance, for example) with evidence the transfer was meant to replace a bequest.4Arizona Legislature. Arizona Code 14-2301 – Entitlement of Spouse; Premarital Will A later marriage can quietly override assumptions people make about an older will.
Who Inherits When There Is No Will
When an Arizona resident dies without a valid will, intestate succession under Title 14, Chapter 2, Article 1 controls.5Justia. Arizona Revised Statutes Title 14 – Trusts, Estates and Protective Proceedings The rules apply to the decedent’s separate property and to the decedent’s half of community property. The surviving spouse’s own half of community property is never in the pool.
Spouse Takes Everything
The surviving spouse takes the entire intestate estate if the decedent had no children, or if every surviving child is also a child of the surviving spouse.6Arizona Legislature. Arizona Code 14-2102 – Share of Spouse
Blended Families
If the decedent leaves surviving children who are not also children of the surviving spouse, the spouse receives half of the decedent’s separate property and nothing from the decedent’s half of community property.6Arizona Legislature. Arizona Code 14-2102 – Share of Spouse The rest passes to the decedent’s descendants by representation. The surviving spouse keeps their own half of community property, but the decedent’s share flows to the children.
No Surviving Spouse
Without a surviving spouse, the entire estate passes to the decedent’s descendants by representation. If there are no descendants, it goes to the decedent’s surviving parents equally, or to the one surviving parent. If no parents survive, it moves to the descendants of the parents (siblings, nieces, nephews) by representation.7Arizona Legislature. Arizona Code 14-2103 – Heirs Other Than Surviving Spouse; Share in Estate The statute continues up to grandparents and their descendants, splitting between paternal and maternal lines when both have surviving relatives. Children conceived before a parent’s death but born after generally inherit the same way as children already living.
Protections That Come Off the Top
Certain payments to the surviving spouse and dependent children are guaranteed regardless of what a will says, and they take priority over nearly all creditor claims. The surviving spouse is entitled to a homestead allowance of $18,000; if there is no surviving spouse, the decedent’s minor and dependent children share that $18,000 equally.8Arizona Legislature. Arizona Code 14-2402 – Homestead Allowance A separate family allowance supports the spouse and dependent children during administration and is exempt from all claims except administrative expenses and the homestead allowance. Both are paid before creditors, and both are in addition to whatever the family receives under the will or intestacy.
How Probate Works in Arizona
Arizona has two probate tracks. Picking the right one makes a large difference in time and cost.
Informal Probate
Most uncontested estates use informal probate. The applicant submits paperwork to the court registrar instead of asking for a hearing. Eligible applicants include the surviving spouse, an adult child, a parent, a sibling, any heir, or the person named as personal representative in the will.9Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings; Application The application states the decedent’s domicile, date of death, names and addresses of heirs and devisees, and whether another probate is pending. If everything checks out, the registrar issues letters of appointment without a hearing.
Formal Probate
Formal probate is a court proceeding with a petition, notice, and a hearing. It is used when someone challenges the will’s validity, when heirs dispute who should serve as personal representative, or when the court needs to determine heirship. An interested person files a petition asking the court to probate a will, set aside an informal probate, or declare the decedent died intestate.10Arizona Legislature. Arizona Code 14-3401 – Formal Testacy Proceedings; Nature; When Commenced
Creditor Notice and Deadlines
Once appointed, the personal representative must publish notice to creditors once a week for three consecutive weeks in a county newspaper and mail written notice to each known creditor.11Arizona Legislature. Arizona Code 14-3801 – Notice to Creditors A creditor who receives direct mailed notice must present the claim within four months after first publication or within 60 days after the mailed notice, whichever is later. A creditor who only sees the published notice has four months from the first publication. Claims filed late are permanently barred.12Arizona Legislature. Arizona Code 14-3803 – Limitations on Presentation of Claims
Inventory and Timeline
Within 90 days of appointment, the personal representative must prepare a detailed inventory listing each asset’s fair market value at the date of death, identifying whether each asset is community or separate property, and noting liens or encumbrances.13Arizona Legislature. Arizona Code 14-3706 – Duty of Personal Representative; Inventory and Appraisement After paying valid claims and administrative expenses, the representative distributes what remains. Arizona probate typically runs between 9 and 18 months, and simpler estates can close faster.
When You Can Skip Probate With an Affidavit
Many Arizona estates qualify to transfer entirely through a sworn affidavit, with no probate at all.
For personal property (bank accounts, vehicles, investment accounts, and similar assets), the total value of the decedent’s personal property, minus liens and debts, must be $200,000 or less. The heir waits at least 30 days after death, then presents a sworn affidavit to the bank, brokerage, or other holder to collect the asset.14Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit
For real property, the threshold is $300,000 in total Arizona real estate equity (value minus liens), and the heir must wait at least six months after death before filing the affidavit with the court.14Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit In both tracks, no personal representative can be serving or have an application pending. There’s no bond, no published creditor notice, and no formal inventory.
Transfers That Bypass Probate
Several tools let property pass directly to beneficiaries without probate. A.R.S. 14-6101 treats them as nontestamentary transfers, meaning they operate outside the will and take effect automatically at death.15Arizona Legislature. Arizona Code 14-6101 – Nonprobate Transfers on Death; Nontestamentary Nature The category covers life insurance, retirement accounts, payable-on-death bank designations, and trust agreements.
Revocable Living Trusts
The revocable living trust is the most common probate-avoidance tool. The grantor transfers assets into the trust during life, names beneficiaries, and designates a successor trustee to manage and distribute property after death. Because the trust holds legal title, trust assets are not part of the probate estate.
Funding is where most trusts fail. A trust only avoids probate for assets actually retitled into it. A house still deeded to you individually, or a brokerage account that never got updated, ends up in probate no matter what the trust document says. When the trust is properly funded, the successor trustee distributes assets without court supervision, and no public court record is created.
Beneficiary Deeds for Real Estate
Under A.R.S. 33-405, an Arizona property owner can record a beneficiary deed naming a grantee who automatically receives the real estate at the owner’s death. The deed must be signed and recorded with the county recorder before death to be valid. The owner keeps full control during life and can revoke the deed any time by recording a revocation before death. Beneficiary deeds can name multiple grantees as joint tenants, tenants in common, or community property, and can designate successor grantees if a primary beneficiary dies first.16Arizona Legislature. Arizona Code 33-405 – Beneficiary Deeds; Recording; Definitions The property passes subject to all existing mortgages, liens, and encumbrances.
Creditors Can Still Reach Non-Probate Assets
Skipping probate doesn’t mean escaping the decedent’s debts. Under A.R.S. 14-6102, non-probate transferees can be held liable for creditor claims and statutory allowances when the probate estate is insufficient to cover them, as long as the decedent had the power to revoke the transfer before death.17Arizona Legislature. Arizona Code 14-6102 – Nonprobate Transferees; Liability for Creditor Claims and Statutory Allowances A trust beneficiary or POD account holder is not automatically free of the decedent’s creditors.
Guardianship and Conservatorship for Incapacitated Adults
Title 14, Chapter 5 governs court-supervised protection for people who cannot manage their own affairs because of age, disability, or cognitive decline. Courts are required to impose the least restrictive option that meets the person’s needs.
A guardian has authority over the person: where they live, their medical care, their general welfare. The petition for guardianship of an allegedly incapacitated adult must include the person’s name and residence, why guardianship is necessary, what type is requested, and whether less restrictive alternatives have been explored. A petition seeking general (as opposed to limited) guardianship must explain why a limited one won’t suffice. The petition also discloses any existing health care power of attorney, durable power of attorney nominating a guardian, or trust interest. The court appoints an attorney for the alleged incapacitated person and typically orders an independent investigation or medical evaluation before deciding.18Arizona Legislature. Arizona Code 14-5303 – Procedure for Court Appointment of a Guardian of an Alleged Incapacitated Person
A conservator handles finances rather than personal decisions: managing assets, paying bills, handling investments. The petition process mirrors guardianship, and the same least-restrictive principle applies. Some people need both; the court may appoint the same person to each role or different people, depending on the situation.
Federal Tax Treatment of Inherited Property
Arizona imposes no state estate tax and no inheritance tax, but federal rules still matter. The most important for most heirs is the step-up in basis. When you inherit property, your cost basis for capital gains resets to the asset’s fair market value on the date of death, not what the decedent originally paid. If a parent bought a house for $150,000 and it was worth $450,000 at death, your basis is $450,000. Sell for $460,000, and only the $10,000 gain is taxable.
Community property gives surviving spouses a particularly favorable result. Both halves of community property receive a stepped-up basis when one spouse dies, not just the decedent’s half. In non-community-property states, only the decedent’s share of jointly owned property is adjusted. The basis can also step down if an asset lost value, so inheriting a depreciated portfolio means a lower basis going forward.