You can avoid probate in Arizona. Most families have several ways to do it. Probate is the court process that settles your estate after you die. It takes 8 to 12 months, costs thousands of dollars, and makes your money matters public. The good news is that Arizona law gives you many ways to keep your estate out of court.
The best choice for your family depends on the size of your estate, what you own, and how much control you want. Here is a closer look at the best ways to avoid probate in Arizona.
Revocable Living Trust
A revocable living trust is the most reliable way to avoid probate. You move your assets into the trust while you are alive. You stay in full control as the trustee. You can change or cancel the trust at any time.
When you die, your successor trustee (the person you chose to take over) hands out the trust assets to your heirs. There is no court, no waiting, no public filings, and no legal fees for probate. This is why estate planning lawyers, including the team at RJP Estate Planning, often suggest a living trust as the base of a strong estate plan.
The key is that the trust must be properly funded. That means your assets, like your home, bank accounts, and investments, need to be retitled in the name of the trust. A trust with nothing in it does not protect you from probate. For a step-by-step guide, see our article on how to fund your trust in Arizona.
Not sure if your estate is big enough for a trust? Our article on whether a $250K estate is too small for a trust covers this in detail.
Beneficiary Choices on Accounts
Some accounts let you name a person who gets the money when you die. These accounts skip probate on their own. The money passes by contract, not through your will. Common examples include:
- Retirement accounts like IRAs and 401(k) plans
- Life insurance policies
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) brokerage accounts
This approach is simple and works well. But it only covers accounts where you named someone. Any asset without a named person or trust will still go through probate. Keep your choices up to date, especially after big life events like a marriage, divorce, or new child.
Beneficiary Deeds for Real Estate
Arizona is one of the states that allows beneficiary deeds. These are also called transfer-on-death deeds. Under A.R.S. 33-405, you can record a deed that names who gets your property when you die. The home passes on its own, and no probate is needed.
A beneficiary deed works well for a single property. But it has limits. It does not help if you become too sick to manage your affairs. It also does not give you the same control as a trust for handling many assets. Our guide on beneficiary deeds vs. trusts can help you choose.
Joint Tenancy with Right of Survivorship
When two or more people own property as joint tenants with right of survivorship, the living owner gets full ownership when the other dies. This works for homes, bank accounts, and other shared assets.
Arizona also allows community property with right of survivorship for married couples. Both spouses hold the property jointly. When one dies, it passes to the other. This also offers tax perks unique to community property states.
Joint ownership avoids probate when the first spouse dies. But it does not solve the problem for the one who lives longer. When the second spouse dies, those same assets may still need probate unless a trust or other plan is in place.
Arizona's Small Estate Affidavit
Arizona lets families use a simpler process called a Small Estate Affidavit for smaller estates. Under HB 2116, starting September 26, 2025, the limits are:
- Personal property: Up to $200,000 (was $75,000 before)
- Real property: Up to $300,000 (was $100,000 before)
If the estate qualifies, heirs can collect assets by filing a simple form instead of opening a probate case. For personal property, you must wait at least 30 days after the date of death. For real estate, you must wait at least six months.
This works well for smaller, simple estates. But it does not apply if the estate is too large, if heirs disagree, or if the estate has complex assets.
Which Plan Is Right for You?
Most families do best by combining a few of these tools into one plan. A living trust covers the bulk of your assets. Beneficiary choices cover retirement accounts and insurance. A beneficiary deed or joint tenancy can fill in the gaps.
At RJP Estate Planning, we help Arizona families build plans that keep their estates out of probate. If you are not sure which plan makes sense for you, our team can walk you through your options.