Not everything you own goes through probate. Some assets pass on right away when you die. Others get stuck in a court process that can take months. The key is how each asset is titled and whether it has a named beneficiary (the person who gets it). Knowing this helps you plan smarter.
Assets That Must Go Through Probate
Any asset in your name alone with no beneficiary or joint owner must go through probate. Common examples include:
- Bank accounts in your name only, with no payable-on-death tag
- Real estate titled only in your name, with no beneficiary deed or trust
- Cars titled in your name alone
- Personal items like jewelry, furniture, and art
- Business interests not held in a trust or covered by a buy-sell deal
Under Arizona probate law, these assets must be listed. Debts and taxes must be paid. Then the remaining assets go to the right people through the court. This process can take four months to over a year. The more assets that need court review, the longer it takes.
Assets That Skip Probate
Several types of assets bypass probate no matter what your will says:
- Trust assets: Anything held in a living trust goes to your loved ones with no court needed.
- Joint tenancy with right of survivorship: The surviving owner gets full ownership right away.
- Community property with right of survivorship: Works like joint tenancy for married couples in Arizona.
- Beneficiary deeds: Real estate with a filed beneficiary deed passes to the named person at death.
- Payable-on-death (POD) and transfer-on-death (TOD) accounts: Bank and investment accounts with these tags go straight to the named person.
- Life insurance: Payouts go to the named person on the policy, not through the court.
- Retirement accounts: IRAs, 401(k)s, and pensions with named people bypass probate too.
These tools let your assets pass outside the court system. They save time, money, and stress for your family.
The Small Estate Option
Arizona offers a simpler path for smaller estates. If personal property is under $75,000 and real estate is under $100,000, you may use a small estate affidavit. This lets heirs collect assets with a sworn statement instead of going through probate court.
Starting September 26, 2025, the limits go up. Personal property rises to $200,000. Real estate rises to $300,000, net of liens. This means more families will be able to skip probate. The new limits help more people avoid the time and cost of court.
Why This Matters for Your Plan
The more assets you move out of probate, the faster your family gets them. A living trust, beneficiary deeds, and POD tags are simple tools. They keep your estate out of court. They also keep your affairs private since probate records are public.
A good estate plan puts each asset in the right spot. That way, your family avoids delays, court fees, and stress. Talk with a planner to make sure nothing falls through the cracks.
The goal is to make things as easy as you can for the people you love. The right tools keep your estate out of court. Your family gets what you left them faster and with less hassle. Clean and simple.