The Arizona probate checklist after a death runs from the first 72 hours through roughly a year of follow-up: certify the death, order certified copies, arrange disposition, notify agencies and financial institutions, claim the surviving spouse’s protected allowances, decide between a small estate affidavit and probate, handle creditor claims within the four-month statutory window, and file final tax returns. The order matters, because several steps unlock the next ones and a few have hard deadlines the estate cannot miss.
First Hours and Days
The treating physician or hospice provider must complete and sign the medical certification portion of the death certificate within 72 hours. 1Arizona Legislature. Arizona Code 36-325 – Death Certificate Registration; Moving Human Remains; Immunity If the death happens in a hospital or hospice inpatient facility, the facility designates someone to handle it. If it happens at home under hospice care, the hospice nurse confirms the death and coordinates with the funeral home. If it happens outside a medical setting and the person was not under hospice care, call 911 or a peace officer, which triggers a County Medical Examiner investigation and shifts certification to that office. Reportable deaths under A.R.S. 11-593 include deaths not under a provider’s care, violent or suspicious deaths, unexpected or unexplained deaths, deaths in custody, and deaths during surgery or anesthesia. 2Arizona Legislature. Arizona Revised Statutes Title 11 Section 11-593 – Reporting of Certain Deaths; Failure to Report; Violation A Medical Examiner case can delay release of the body by several days.
While that paperwork moves, secure the home and valuables. Legal authority over the deceased person’s property does not transfer automatically at death. Until the court appoints a personal representative or a small estate affidavit is completed, no one has standing to manage estate assets, so the point of securing the property is protection, not administration.
Ordering Certified Copies of the Death Certificate
Almost every step that follows requires a certified death certificate. Banks, insurance companies, the probate court, the Social Security Administration, and other agencies typically want an original certified copy rather than a photocopy. The funeral home gathers the biographical information, combines it with the medical certification, and files the completed certificate with the Arizona Department of Health Services.
Arizona limits who can order certified copies to eligible parties such as the surviving spouse, parents, adult children, grandchildren, siblings, or the estate’s legal representative, and each must document the relationship. 3Legal Information Institute. Arizona Administrative Code R9-19-315 – Requesting a Certified Copy of a Certificate of Death Registration Order through the county vital records office or the state registrar. Expect around $20 per copy, with slight variation by county. Six to ten copies is a reasonable starting point for an estate with bank accounts, insurance policies, and real property, since claims often run in parallel.
Review the certificate carefully before the funeral home submits it. Errors can be fixed later by filing an Affidavit to Correct or Amend a Death Certificate with supporting documentation through the registrar’s office, but corrections cost more and take longer than a clean initial filing. 4Arizona Legislature. Arizona Code 36-323 – Amending Registered Certificates; Corrections
Who Has the Right to Arrange Disposition
Arizona law sets a strict order for who decides on burial, cremation, or other final disposition. Under A.R.S. 36-831, the duty falls first on the surviving spouse (unless the couple was legally separated or a divorce or separation petition was pending at death), then on a person specifically granted disposition authority in the decedent’s most recent healthcare or durable power of attorney, then on parents of a minor decedent, then on adult children, and finally on parents of an adult decedent. 5Arizona Legislature. Arizona Code 36-831 – Burial Duties; Notification Requirements; Failure to Perform Duty; Veterans; Immunity; Definitions When multiple people share the same priority and disagree, the statute requires a majority decision among those reasonably available; a relative who cannot be reached after good-faith efforts does not hold up arrangements.
Before burial, cremation, or transport out of state, someone must obtain a Disposition-Transit Permit from a local registrar, deputy local registrar, or the state registrar. 6Arizona Legislature. Arizona Code 36-326 – Disposition-Transit Permits The funeral home usually handles the permit; a family arranging without a funeral establishment must obtain it directly.
Notifying Agencies, Employers, and Financial Institutions
Funeral homes usually report the death to the Social Security Administration. Confirm the report by calling 1-800-772-1213. 7Social Security Administration. What to Do When Someone Dies A surviving spouse may qualify for a one-time lump-sum death benefit of $255 plus ongoing survivor benefits depending on age and circumstances. Any Social Security payments received for months after the date of death must be returned, so prompt reporting prevents a later clawback.
Other notifications belong on the checklist:
- The deceased’s employer, for final wages, accrued vacation, and information about employer-sponsored life insurance or retirement accounts. Final wages paid in the year of death generally require only FICA withholding, not federal income tax withholding, and the estate or beneficiary receives a Form 1099-MISC for the gross amount.
- Health insurance providers, to cancel coverage and, if applicable, ask about continuation options for dependents. If the deceased had AHCCCS coverage, notify the agency directly.
- Banks and brokerages. Accounts with a payable-on-death designation pass directly to the named beneficiary. Joint accounts with right of survivorship also transfer automatically. Accounts held solely in the deceased’s name are frozen until a personal representative is appointed or a small estate affidavit is presented.
- Life insurance companies. Most policies pay directly to the named beneficiary and stay outside the probate estate.
- The IRS. A personal representative should file Form 56 to establish the fiduciary relationship and receive the deceased’s tax correspondence.8Internal Revenue Service. Instructions for Form 56, Notice Concerning Fiduciary Relationship
Community Property and the Surviving Spouse’s Allowances
Arizona is a community property state, which changes what actually passes through the estate. Property acquired during the marriage generally belongs equally to both spouses, and the surviving spouse already owns their half. Only the deceased spouse’s half of community property goes through administration. 9Arizona Legislature. Arizona Revised Statutes Title 14 Section 14-3101 – Devolution of Estate at Death; Presumption The surviving spouse’s half remains subject to administration only until the creditor claim deadline passes, and afterward only to the extent needed to pay community debts.
If there is no will and every surviving child is also a child of the surviving spouse, the spouse inherits the entire estate, including the deceased’s separate property and the deceased’s half of community property. If any surviving child is from a different relationship, the spouse receives only half of the deceased’s separate property and none of the deceased’s community property half. 10Arizona Legislature. Arizona Code 14-2102 – Share of Spouse
Three statutory allowances take priority over nearly all estate debts and are worth claiming even in small estates because they come off the top:
- Homestead allowance of $18,000 to the surviving spouse, exempt from all claims except administration costs. If there is no surviving spouse, the decedent’s minor and dependent children split that amount.11Arizona Legislature. Arizona Code 14-2402 – Homestead Allowance
- Exempt property allowance of up to $7,000 in household furniture, vehicles, appliances, and personal effects beyond any security interests. If the estate lacks $7,000 in exempt property, the spouse can draw from other estate assets to make up the difference.12Arizona Legislature. Arizona Code 14-2403 – Exempt Property
- Family allowance, a reasonable maintenance payment to the surviving spouse and to minor or dependent children the decedent was supporting during administration. If the estate cannot cover all allowed claims, the family allowance is capped at one year.13Arizona Legislature. Arizona Code 14-2404 – Family Allowance
Small Estate Affidavit or Probate
Before opening a court case, sort out which assets actually require probate. Property held in a living trust, accounts with payable-on-death or transfer-on-death designations, jointly owned property with right of survivorship, and retirement accounts or life insurance with named beneficiaries pass outside probate. Only assets held solely in the deceased person’s name go through estate administration.
If the remaining probate estate is small enough, you can skip probate. Under A.R.S. 14-3971, a small estate affidavit is available when the value of all personal property (after subtracting debts secured by that property) does not exceed $200,000 and the equity in all Arizona real property does not exceed $300,000. 14Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit; Ownership of Vehicles; Affidavit of Succession to Real Property Those thresholds rose from $75,000 and $100,000 when H.B. 2116 took effect.
Timing depends on the asset type. For personal property, present the affidavit directly to whoever holds the asset (bank, employer, brokerage) once 30 days have passed since the death; nothing is filed with the court. For real property, wait at least six months after the death, then file the affidavit with the Superior Court along with a certified copy of the death certificate. Neither track requires a personal representative appointment.
When the estate exceeds those limits or there are complications, open a probate case in Superior Court. Filing starts with the original will (if any) and a petition asking the court to admit the will and appoint a personal representative. Filing fees run roughly $300 to $400, varying by county. Arizona has two tracks. Informal probate works when no one disputes the will’s validity and the estate is straightforward; the court’s registrar can approve the application without a hearing. 15Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings; Application; Contents Formal probate applies when someone challenges the will, contests the choice of personal representative, or the circumstances call for direct court supervision. Formal proceedings involve hearings and generally cost more.
Personal Representative Duties and Creditor Claims
The personal representative inventories assets, notifies creditors, pays valid debts and taxes in the correct order, and distributes what remains to the beneficiaries. Courts can hold a personal representative personally liable for mishandling estate funds, which is one reason many people hire a probate attorney even for informal proceedings.
Notice to creditors runs on a tight schedule. The personal representative must publish notice once a week for three consecutive weeks in a newspaper of general circulation in the county, announcing the appointment and warning creditors they have four months from the date of first publication to present their claims or be permanently barred. 16Arizona Legislature. Arizona Code 14-3801 – Notice to Creditors Known creditors must also get written notice by mail, and they receive whichever is longer: the remainder of the four-month publication window or 60 days from the date the letter was mailed. Even without any notice, the absolute outer deadline for creditor claims is two years after the date of death. 17Arizona Legislature. Arizona Code 14-3803 – Limitations on Presentation of Claims
When the estate cannot pay every debt in full, state law sets the payment priority. Secured debts tied to specific property come first, followed by administrative expenses and funeral costs, then taxes, then medical debts from the final illness, and finally unsecured debts such as credit cards. A personal representative who pays a lower-priority debt before a higher-priority one can be held personally liable for the difference.
Family members are generally not personally responsible for the deceased person’s debts unless they co-signed a loan or are a surviving spouse liable for community debts incurred during the marriage. Collectors sometimes pressure relatives to pay from their own funds, and that pressure carries no legal weight for debts belonging to the estate alone.
Final Tax Returns
The personal representative or surviving spouse files the deceased’s final federal income tax return on Form 1040, covering January 1 through the date of death. The normal deadline applies, so a 2026 date of death produces a return due April 15, 2027. 18Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died Write “deceased,” the person’s name, and the date of death across the top of a paper return. The IRS does not require a copy of the death certificate. A court-appointed personal representative signs the return and attaches a copy of the appointment letter. A surviving spouse filing jointly signs and notes “filing as surviving spouse.” Anyone else claiming a refund on behalf of the deceased must include Form 1310.
If the estate itself earns income after the date of death (from interest, rent, or asset sales), the personal representative obtains an EIN for the estate and files Form 1041, the estate income tax return. The federal estate tax exemption for 2026 is $15,000,000 per person, so most estates owe no federal estate tax, but the obligation to file an income tax return for money the estate earns applies regardless of size. 19Internal Revenue Service. What’s New – Estate and Gift Tax Arizona does not impose its own estate or inheritance tax.