In Arizona, probate is generally required when a person passes away and their estate meets certain criteria. The specific circumstances that trigger probate in Arizona include:

The deceased person owned assets solely in their name without any designated beneficiaries. These assets include real estate, bank accounts, vehicles, and personal property. If the total value of the assets solely in the deceased person’s name, other than real property, exceeds $75,000, that will require probate. If the value of any real property located in Arizona solely in the deceased person’s name, less liens and encumbrances, exceeds $100,000, that will require probate.

It’s important to note that certain assets are exempt from probate in Arizona, even if they meet the above criteria. Some examples of assets that can pass outside of probate include:

1. Assets Held in Trust

If the deceased person had a properly funded trust and transferred their assets into the trust, those assets can bypass probate.

2. Assets Held in Joint Tenancy With Rights of Survivorship

When two or more individuals own property or accounts jointly with rights of survivorship, the asset automatically passes to the surviving owner(s) upon death, avoiding probate.

3. Assets With Designated Beneficiaries

Certain assets, such as life insurance policies, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) accounts, allow the account holder to designate beneficiaries. These assets pass directly to the designated beneficiaries outside of probate.

It’s essential to consult with an attorney specializing in estate planning and probate in Arizona to understand the specific requirements and exceptions related to probate in your situation. In Arizona and interested in estate planning to avoid probate, call our office today at 480-922-1010 or email info@bivenslaw.com to schedule your consultation. We provide personalized guidance based on your circumstances and help you develop an appropriate estate plan.

— Hannah McGuire, Esq