A Will Is Not Self-Executing
One of the most common misunderstandings in estate planning is the belief that a will automatically transfers property when someone dies. It does not. In Arizona, a will must go through the probate process to have legal effect. That means either an informal probate statement issued by the registrar or a formal adjudication by the court.
Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court.
A.R.S. § 14-3102Without this validation, title companies, banks, and financial institutions will not recognize the will as authority to transfer assets. The personal representative named in the will cannot act until the court or registrar confirms the will's validity.
The Limited Exception
Arizona does allow one narrow exception. A will that has not been probated can still be admitted as evidence of a devise if two conditions are met: no court proceeding about the estate has occurred, and the devisee (or their successors) already possessed the property as described in the will, or no one else claimed the property during the time allowed for probate proceedings.
This exception is uncommon. In practice, most families need to go through formal or informal probate to transfer titled assets like real estate, vehicles, and financial accounts. For families who want to avoid this process entirely, a revocable living trust transfers property outside of probate, with no court involvement required.
