What Assets Go Through Probate in Arizona?

When someone passes away, not everything they owned necessarily goes through probate. In Arizona, probate is only required for certain types of property—specifically, assets that were titled in the decedent’s name alone and lacked a legally valid plan for transfer. Understanding which assets require probate and which do not is critical for both families settling an estate and individuals planning ahead.

This article outlines what assets are subject to probate in Arizona, what types of property pass outside the probate process, and what to consider if you want to avoid probate entirely.

Assets That Are Subject to Probate

Assets generally go through probate when the person who died was the sole legal owner and no beneficiary or survivorship designation was in place. Common examples include:

  • A home or other real estate titled solely in the decedent’s name without a recorded beneficiary deed

  • Bank accounts with no payable-on-death (POD) designation

  • Investment accounts or stocks lacking a transfer-on-death (TOD) instruction

  • Vehicles or other titled property with no co-owner or death transfer provisions

  • Personal property such as household goods, collectibles, and equipment

  • Business interests titled individually

  • Any asset left to "my estate" in a will

Even when a will exists, probate is still required for these types of assets unless an exception applies. A will simply directs how probate assets are to be distributed—it does not avoid probate.

What Can Avoid Probate in Arizona

Arizona law allows many types of property to pass outside of probate when valid legal tools are in place. The most common include:

Beneficiary Deeds for Real Property
Arizona permits the use of beneficiary deeds, which transfer real estate to a named beneficiary upon the owner's death. These must be recorded during the owner's lifetime and must comply with all formalities under A.R.S. § 33-405. An attorney can prepare a beneficiary deed that meets the statutory requirements and aligns with the overall estate plan.

Payable-on-Death and Transfer-on-Death Designations
Financial assets such as bank accounts, retirement accounts, life insurance policies, and brokerage accounts can avoid probate if they have valid payable-on-death or transfer-on-death instructions in place. However, if the named beneficiary predeceases the account holder and no alternate is listed, the asset will default back to the probate estate.

Joint Ownership With Right of Survivorship
When an asset is held jointly with another person and includes survivorship rights—such as property titled as “community property with right of survivorship”—the surviving co-owner automatically receives the asset. However, if the ownership is structured as “tenants in common,” the deceased person’s share becomes a probate asset.

Revocable Living Trusts
An attorney can also help you bypass probate by drafting a revocable living trust and ensuring that assets are properly transferred into the trust during your lifetime. Property held in a valid trust is administered privately by the successor trustee and is not subject to probate oversight, provided the trust is properly funded and maintained.

Important Note on Minors as Beneficiaries
If a minor is named as a direct beneficiary on an account or deed, Arizona law requires that a conservator be appointed to manage the property unless a custodial structure or trust has already been established. Without that planning, the asset may still end up in probate court despite having a named beneficiary.

The Small Estate Exception—and Its Upcoming Changes

Arizona does allow certain estates to avoid full probate through affidavit procedures if the value of the assets falls below statutory limits. As of now:

  • Personal property is exempt if the total value is under $75,000

  • Real property may qualify if its assessed value is under $100,000

These thresholds are set by A.R.S. §§ 14-3971 and 14-3973, and they are scheduled to increase on January 1, 2026. At that time, the new limits will rise to $200,000 for personal property and $300,000 for real property, reflecting changes in real estate values and general inflation. The affidavit process can be an efficient tool for smaller estates, but it still requires compliance with specific legal procedures and waiting periods. If done incorrectly, heirs can face avoidable delays or liability.

Types of Probate in Arizona

Probate in Arizona may be informal, formal, or supervised. Informal probate is the most common and generally applies when the will is clear, the heirs are in agreement, and no court hearings are required. Formal probate involves court oversight and may be necessary when disputes arise or the will is ambiguous. Supervised probate, which requires court approval for nearly every step, is typically reserved for high-conflict situations or when the estate needs special protection.

All supervised probate proceedings are formal, but not all formal cases are supervised.

Planning Ahead

The best way to avoid probate is to make sure your assets are structured properly while you’re alive. This may involve working with an attorney to create a trust, record a beneficiary deed, update your account designations, or review the way title is held. Even small errors—like naming a minor without an appropriate structure in place, or failing to list an alternate beneficiary—can lead to unnecessary court involvement later.

Need Legal Guidance?

At Tyler Allen Law Firm, we help Arizona families understand which assets are subject to probate, how to avoid court where possible, and what options are available for efficient estate planning. Whether you're administering an estate or preparing your own documents, we can help you get it done right the first time.

Schedule a consultation today to get clarity and avoid costly mistakes.

Estate Planning, ProbateMelanie JorgensenEstate Planning, Probate