Probate – Glossary | RJP Estate Planning

Probate & Legal

A court-supervised process for settling a deceased person's estate, validating their will, and distributing assets in Arizona.

Probate is the legal process where a court oversees settling a deceased person's estate. The court validates the will (if one exists) and appoints a personal representative. It ensures debts and taxes are paid. Then it authorizes distribution of remaining assets to heirs.

When Probate Is Required in Arizona

In Arizona, probate is generally required when the deceased owned assets in their name alone above these thresholds:

Personal property: Over $200,000 in total value (net of liens)
Real property: Over $300,000 in equity (net of mortgages and liens)

These thresholds were updated in 2025 under HB 2116. Previous limits were $75,000 and $100,000. Assets in a living trust, accounts with beneficiary designations, and jointly owned property with right of survivorship typically bypass probate.

The Probate Timeline and Cost

Even simple Arizona probate cases typically take four to six months. Complex or contested estates can take a year or more. Costs include court filing fees, personal representative fees, and attorney fees. Attorney fees can range from 2% to 5% of the estate's value. Accounting fees also apply. All probate filings become public record.

How to Avoid Probate

The most effective way to avoid probate in Arizona is a properly funded revocable living trust. Beneficiary deeds, payable-on-death designations, and joint ownership can also help. A trust provides the most complete protection.