Probate for Decedent’s Estate

"Beneficiary", as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer.  As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust. As it relates to a beneficiary of a beneficiary designation, beneficiary refers to a beneficiary of an insurance or annuity policy, an account with pay on death designation, a security registered in beneficiary form or a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. As it relates to a beneficiary designated in a governing instrument, beneficiary includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised.

“Decedent” means a person who has died, also called the deceased.

"Devise", when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will.

"Estate" includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title.

"Heirs", except as controlled by ARS §14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent.

“Intestate Succession/Intestacy” means the method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse or registered domestic partner, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

“Personal Representative” includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.  A general personal representative excludes a special administrator.

“Probate” means the court-supervised process following a person's death that includes: proving the authenticity of the deceased person's will, appointing someone to handle the deceased person's affairs, identifying and inventorying the deceased person's property, paying debts and taxes, identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Nolo.com.

"Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.  A will may be a paper will or an electronic will.

Arizona Revised Statutes §§14-2101 through 14-2907: These Arizona statutes govern intestate succession and wills.

Arizona Revised Statutes §§14-3101 through 14-3938: These Arizona statutes govern the probate of wills and administration.

Arizona Revised Statute §14-3108(3): This Arizona statute governs the time limit for filing via informal probate.

Arizona Revised Statute §14-3306(b): This Arizona statute governs the notice requirements in Informal Probate and information on how to contest the probate proceedings.

Rules 13-18, Arizona Rules of Probate Procedure: Describe rules that apply to the initiation of probate proceedings in court (such as filing the petition and response).

Rules 27-29, Arizona Rules of Probate Procedure: Describe rules that apply to contested probate proceedings in court.

Rules 36-40, Arizona Rules of Probate Procedure: Describe rules that apply to Guardianships, Conservatorships, and Decedents' Estates, including: Orders Appointing Guardians, Conservators, Personal Representatives, or Special Administrators, Orders to Fiduciary, Training for Non–Licensed Fiduciaries, Issuing and Recording Letters of Appointment, and Duties of Court–Appointed Fiduciaries.

Rules 50-52, Arizona Rules of Probate Procedure: Describe rules that apply only to Decedents' Estates and Trusts, including: Personal Representative's Inventory and Account, Administrative Closure of a Decedent's Estate and Termination of Appointment, and Trustee's Accounts.

Probate, whether formal or informal, is the process of winding up the affairs of the person who has died (the decedent) and includes asking the court to appoint a personal representative (sometimes called an "executor") of the decedent's estate, and to determine if there is a valid will.

Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries if the decedent did not have a will.  Probate is also necessary to complete the decedent’s financial affairs after his or her death, including ensuring that the decedent’s creditors are paid.

Informal probate is for those estates where there is an original will, and the will is not being contested, nor are any of the heirs listed in the will being disputed; or if there is no will.

Formal probate is when the requirements of informal probate are not satisfied, and a Judge or Commissioner is needed to resolve any disputes. Superiorcourt.maricopa.gov.

See the court’s video highlighting the differences between informal and formal probate, and what each process entails. Spanish video.

The Law Library Resource Center has forms for Informal Probate, but not for Formal Probate. If you email Services@jbazmc.maricopa.gov, the Law Librarians may be able to send you templates of some Formal Probate forms or direct you to attorney resources for further information.  

The Superior Court in Maricopa County has created forms that you can use. Please be sure to read the checklist for each packet to ensure the forms are right for your situation.

Appointment of Personal Representative and Admission of Will (if applicable): Use these forms when you are related to a person who died or you have a legal interest in the person's property, and the person died more than 120 hours ago, but less than 2 years ago,* and you want to file court papers to be appointed the Personal Representative of the estate. You can use this process whether or not the person had a will.

* There are certain limited exceptions to the two-year limitation for informal probate listed in Arizona Revised Statutes (A.R.S.) Title §14-3108. An attorney may be of assistance in determining whether your situation qualifies for one of the exceptions or with handling the more complex "formal" probate process for which forms and instructions are not available from the court.

Transfer of Small Estate by Affidavit: Use this form if The value of all of the personal property (cash, bank accounts, stocks and bonds, cars, jewelry, money owed to the person who died, etc.) in the estate of the person who died (the "decedent"), wherever that property is located, less liens and encumbrances, does not exceed $75,000, and at least 30 days have passed since the death of the decedent, and/or

The assessed* value of the real property (land and permanent structures on the land) in the decedent's estate located in Arizona, less liens and encumbrances as of the date of the decedent's death, does not exceed $100,000, and at least 6 months have passed since the death of the decedent, and/or

You are the surviving spouse, and you want to use the Affidavit to Collect Personal Property to collect wages of up to $5000 owed to the decedent.

(See the form instructions for more conditions that may affect your ability to use these forms.)

*Assessed value means full cash value of the property as shown on the annual tax assessment for the year in which the affidavit is given. However, if a debt is secured by a lien on real property, the value is determined by the unpaid principal balance due on the debt as of the date of the affidavit. A.R.S. § 14-3971.

These resources are available at the downtown Phoenix location, and online when indicated.

Appel, Marlene. “Probate Code Practice Manual, 6th ed.” Arizona State Bar. 2022. KFA2955.A97 2022 Only available at our Downtown location.

Ciancola, Robert E. “Navigating the trust process from start to finish.” KFA2544 .C535 2010. Only available at our Downtown location.

Curley, Roger D. “Estate administration procedures : why each step is important.” KFA2540 .C875 2009. Only available at our Downtown location.

Superior Court of Maricopa County. Personal Representative Training Manual. Para español, haga clic aquí. AZcourts.gov

Superior Court of Maricopa County. Unlicensed Fiduciary Training Manual. Para español, haga clic aquí. AZcourts.gov

This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County. 

You may contact a reference librarian as follows:

email: services@jbazmc.maricopa.gov

chat: https://superiorcourt.maricopa.gov/llrc/

in person: 101 W. Jefferson, Phoenix

You may contact the Law Library Resource Center at:

phone: 602-506-7353

locations: https://superiorcourt.maricopa.gov/llrc/llrc-locations/

Last update: 11/17/2023