Top 3 Probate Traps in Arizona (and How to Avoid Them in Maricopa County)

By Anjali Patel

Probate traps to avoid in Arizona

Introduction

Probate can feel like a maze. For families in Arizona, especially in Maricopa County, the process is often confusing, time-sensitive, and full of technical rules that aren’t obvious from the outside. Families stumble into the same traps again and again. These mistakes don’t just delay closing an estate — they can lead to personal liability, extra court hearings, or even lawsuits.

Here are the top three probate traps in Arizona and how to steer clear of them.

Trap #1: Missing the Probate Filing Deadline

Arizona law (A.R.S. § 14-3108) generally requires that probate be filed within two years of a person’s death. Many families don’t realize this deadline exists, and they wait until issues arise with property or accounts. By then, the informal probate process may no longer be available.

Why this matters:

• You may lose the option for informal probate, which is faster and less expensive.

• Courts in Maricopa County can require more formal hearings if you miss deadlines.

• Creditors or heirs may use the delay to challenge your authority.

Avoid it by: talking with a probate attorney as soon as possible after a loved one’s passing, even if you’re unsure whether probate is necessary.

Trap #2: Mishandling Creditor Notice and Claims

Arizona requires personal representatives to notify creditors. This means:

• Mailing notice to known creditors

• Publishing notice to unknown creditors in a local newspaper

• Tracking strict claim deadlines (usually four months from first publication, or 60 days from notice to known creditors)

Families often skip or mishandle this step, thinking creditors will “find them” if needed. But if you fail to follow the statute, you could become personally liable for unpaid debts.

Why this matters:

• Claims that weren’t properly cut off may drain estate assets months later.

• Maricopa County probate judges often require proof of notice — missing documentation can stall your case.

Avoid it by: keeping detailed records of mailed notices and publication, and working with an attorney who knows the local requirements.

Trap #3: Confusion Over Asset Titles and Beneficiary Designations

Not all assets go through probate. Property held in joint tenancy, accounts with payable-on-death (POD) designations, and properly recorded beneficiary deeds can transfer directly to the named person. But if titling or designations are incorrect, the asset may end up stuck in probate unexpectedly.

Common problems include:

• Property titled as tenants in common instead of joint tenancy

• Outdated or missing POD/TOD designations on bank accounts

• Beneficiary deeds that were never recorded

• Trusts that were never properly funded

• Out-of-state property requiring separate probate

Why this matters:

• Families often assume a will “overrides” titling, but it doesn’t.

• Assets can be delayed for months or spark disputes between heirs.

• Title issues are especially common in Maricopa County, where real estate values are high and property ownership is complex.

Avoid it by: reviewing all deeds, titles, and designations with an attorney immediately after death.

Conclusion

Probate in Arizona is full of traps that aren’t obvious until you’re in the middle of the process. Missing a deadline, mishandling creditor notice, or misinterpreting asset titles can cause unnecessary delays and costs.

With careful attention — and experienced legal guidance — these pitfalls are preventable. Families don’t need to navigate Arizona’s probate system alone, and understanding these traps is the first step to protecting your loved one’s estate.