When is Probate Necessary?

June 1, 2026

The probate process in Arizona often feels overwhelming, especially during an emotionally challenging time. If you’re navigating probate in Arizona for a loved one or friend, you may be wondering where to start or what the process even involves.

The first step is determining whether a probate is actually required.  

When Is Probate Needed in Arizona?

In general, probate may be necessary if:

  • The person who passed away owned real estate solely in their name, did not have a beneficiary deed, and the equity exceeds $300,000; or 
  • They owned other assets solely in their name, without beneficiary designations, totaling more than $200,000 

What Happens to Real Property?

Real estate does not always require probate. In many cases, it can transfer automatically:

  • If the property was owned jointly with rights of survivorship, it passes directly to the surviving owner. 
  • If a beneficiary deed was recorded before death, the property transfers to the named beneficiary.

If neither applies, but the equity in the property is less than $300,000, heirs or beneficiaries may be able to use a Small Estate Affidavit instead of opening probate.

This option is simpler, but there are a few requirements:

  • A 6-month waiting period from the date of death 
  • A sworn statement confirming that all debts and creditors have been paid 

What About Other Assets?

Assets like bank accounts, vehicles, or personal property follow a similar pattern:

  • Jointly owned assets pass to the surviving owner 
  • Assets with named beneficiaries transfer directly to those individuals 

If there are no joint owners or beneficiaries, but the total value is under $200,000, a Small Estate Affidavit for Personal Property may be used.

This process requires:

  • A 30-day waiting period from the date of death 

When Probate Is Likely Required

If there are:

  • No joint owners 
  • No beneficiary designations 
  • And the estate exceeds the small estate limits 

Then a probate proceeding will likely be necessary.

You Don’t Have to Navigate This Alone

You don’t have to figure this out on your own. At the Law Office of David I. Karp, PLLC, our team is dedicated to helping families move through probate with clarity and support. With over nine years of experience handling probate matters, attorney Shanelle C. Schmitz and her team guide clients through each step with care, making the process as manageable as possible