Informal Probate in Arizona: Eligibility, Steps, and Costs

Informal probate in Arizona lets you settle an uncontested estate through a court registrar instead of a judge, moving the case forward on paperwork rather than hearings. At least 120 hours (five days) must pass after the death before an application can be approved, and the application has to meet every statutory requirement before the registrar will sign off.1Arizona Legislature. Arizona Code 14-3302 – Informal Probate Duty of Registrar Most cases that qualify finish in roughly six to eight months, with filing fees in the low hundreds plus the cost of publishing a creditor notice.

When Informal Probate Is the Right Track

Informal probate is built for estates where nobody is fighting. If the heirs or devisees agree on who should serve as personal representative, no one is challenging the will, and the application satisfies the statute, the registrar can approve it without a hearing. That is what makes it faster and cheaper than formal proceedings.

Formal probate is required when disputes exist: a challenge to the will’s validity, an objection to the proposed personal representative, a question about the decedent’s competence when signing, or any situation where the registrar cannot make the findings the statute demands. Even after an informal case is open, any interested person can petition to convert it to formal proceedings if problems surface.

Check Whether You Can Skip Probate Entirely

Before filing anything, see whether the estate qualifies for Arizona’s small estate affidavit process. If the decedent’s personal property (bank accounts, vehicles, investments) totals $200,000 or less after debts and liens, a successor can collect it by presenting an affidavit to whoever holds the asset. The affidavit cannot be used until 30 days after death, and no probate case can be pending or previously opened.2Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit

Real property has its own affidavit. If the decedent’s Arizona real estate is worth $300,000 or less after liens and encumbrances, a successor can file an affidavit with the court at least six months after death. The value comes from the county assessor’s full cash value for the year the decedent died.2Arizona Legislature. Arizona Code 14-3971 – Collection of Personal Property by Affidavit

If the estate exceeds those thresholds or the facts are more complicated, informal probate is the next simplest option.

Who Can Apply to Serve as Personal Representative

Arizona ranks applicants in a set order, and the same hierarchy applies in informal and formal cases. The person named in a probated will has first priority, including anyone nominated through a power granted in the will. After that, in order:3Arizona Legislature. Arizona Code 14-3203 – Priority Among Persons Seeking Appointment as Personal Representative

  • A surviving spouse who is a devisee under the will.
  • Other devisees named in the will.
  • A surviving spouse who is not a devisee.
  • Other heirs who would inherit under Arizona’s intestacy laws if there were no will.
  • The Department of Veterans’ Services, when the decedent was a veteran or the spouse or child of a veteran.
  • Any creditor, who may apply 45 days after death. A funeral director holding the remains is excluded.
  • The public fiduciary, as a last resort when no one else qualified is willing or available.

What the Application Must Contain

The application goes to the court registrar. You verify its contents under oath, and that verification is not a formality: it subjects you to the court’s jurisdiction for fraud or perjury proceedings if the information is false.4Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings Application Contents

Every application states:

  • Your interest in the estate (family member, devisee, nominee under the will).
  • The decedent’s full name, date of death, age, and county and state of residence at death.
  • The names and addresses of the spouse, children, heirs, and devisees, with ages for any minors.
  • Whether any personal representative has already been appointed in Arizona or elsewhere.
  • Whether you have received or know of any demand for notice of probate or appointment proceedings.

If the decedent did not live in Arizona, the application must establish that Arizona is the proper venue.4Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings Application Contents

If There Is a Will

The original will must either already be on file with the court or accompany the application. A certified copy works if the will was probated in another state. You also confirm, to the best of your knowledge, that the will was properly executed and has not been revoked.4Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings Application Contents

If There Is No Will

An application to be appointed administrator must state that, after reasonable diligence, you are unaware of any unrevoked will or other testamentary document relating to Arizona property. If you do know of one, you have to explain why it is not being probated.4Arizona Legislature. Arizona Code 14-3301 – Informal Probate or Appointment Proceedings Application Contents

Whether You Will Need a Bond

Arizona generally requires a personal representative to post a surety bond, but the requirement is waived in several common situations:5Arizona Legislature. Arizona Code 14-3603 – Bond Required Exceptions

  • The will expressly waives bond.
  • If there is no will, all heirs file a written waiver. If there is a will that is silent on bond, all devisees file a written waiver.
  • The representative is a bank, trust company, authorized title insurance company, or the public fiduciary.
  • The estate qualifies for summary procedures and the surviving spouse (or the spouse’s nominee) is applying.

Even when bond is waived, any interested person can petition the court for one by showing their interest in the estate is at risk. And if the estate was claimed to qualify for summary procedures but the inventory shows otherwise, the personal representative must promptly post a bond unless another exception applies.5Arizona Legislature. Arizona Code 14-3603 – Bond Required Exceptions

What the Personal Representative Does After Appointment

Once appointed, the personal representative has broad authority to manage the estate: retain assets, sell or exchange property (including real estate in any state), invest liquid funds prudently, repair buildings, enter leases, and settle or refuse the decedent’s contractual obligations.6Arizona Legislature. Arizona Code 14-3715 – Transactions Authorized for Personal Representatives Those powers come with a duty to act reasonably for all interested persons, and a will or court order can restrict any of them. A representative who distributes assets before paying debts and taxes can be held personally liable.

Notice to Creditors

Immediately after appointment, the personal representative must publish a notice to creditors once a week for three consecutive weeks in a newspaper of general circulation in the county. The notice announces the appointment, gives the representative’s address, and tells creditors they have four months from the first publication date to file their claims or lose them.7Arizona Legislature. Arizona Code 14-3801 – Notice to Creditors

Known creditors get individual written notice as well, by mail or delivery. A known creditor then has the later of four months after the published notice or 60 days after receiving their individual notice to present a claim.7Arizona Legislature. Arizona Code 14-3801 – Notice to Creditors Regardless of whether notice was published, all pre-death claims are absolutely barred two years after the decedent’s death.8Arizona Legislature. Arizona Code 14-3803 – Limitations on Presentation of Claims

Skipping the publication step is one of the most common mistakes. Without it, the four-month window never starts, and creditors can surface later to complicate distributions that have already happened.

Federal Tax Obligations

The estate needs its own tax identification number, an Employer Identification Number (EIN), available from the IRS online at no cost. If the estate’s assets generate more than $600 in annual income, the personal representative must file a federal income tax return for the estate on Form 1041.9Internal Revenue Service. Responsibilities of an Estate Administrator

Federal estate tax is a separate question, and most estates will not owe it: the exemption is $15,000,000 per individual in 2026. Estates below that owe no federal estate tax, though a Form 706 return may still be worth filing to elect portability of the unused exemption for a surviving spouse.10Internal Revenue Service. What’s New Estate and Gift Tax Federal debts take priority over state and local ones. A representative who pays state or local taxes before settling federal tax obligations can become personally liable for the unpaid federal amount.9Internal Revenue Service. Responsibilities of an Estate Administrator

Closing the Estate

An informal probate cannot be closed earlier than four months after the appointment date. To close, the personal representative files a verified statement with the court confirming that:11Arizona Legislature. Arizona Code 14-3933 – Closing Estates Statement of Personal Representative

  • The creditor claims deadline has expired.
  • All presented claims, administrative expenses, and taxes have been paid or otherwise resolved.
  • Estate assets have been distributed to the people entitled to receive them.
  • A copy of the closing statement and a full accounting have been sent to all distributees and any creditors whose claims are not yet paid or barred.

If any claims are still unresolved, the statement has to explain the arrangements, whether distributees agreed to take their shares subject to potential liability or some other specific provision is in place. One year after the closing statement is filed, the appointment automatically terminates, provided no court proceedings involving the representative are pending.11Arizona Legislature. Arizona Code 14-3933 – Closing Estates Statement of Personal Representative

What It Costs and How Long It Takes

Court filing fees for an informal probate application are set by statute and vary slightly by county, but expect roughly $300 to $400 for the initial filing. You will also pay the newspaper to publish the creditor notice, at that publication’s advertising rate. If a bond is required, the premium depends on the estate’s value and the bonding company’s rates.

Most informal probate cases in Arizona run roughly six to eight months from filing to closing. The four-month creditor claims period is the main reason: the estate cannot close before it ends. Estates with complicated assets, tax issues, or late-surfacing creditors take longer. The process moves fastest when the will waives bond, the beneficiaries cooperate, and the debts are straightforward.