AZ state guide
Arizona estate risk overview
This guide explains how estate outcomes work in Arizonawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Arizona intestacy rules apply to separate property and the decedent's half of community property, with spouse shares based on whether all descendants are joint.
- If there are no descendants or all descendants are also the spouse's, the spouse receives the entire intestate estate.
- If any descendant is not the spouse's, the spouse receives one-half of separate property and no interest in the decedent's half of community property.
- Remaining estate passes to descendants, then parents, then siblings, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Arizona allows collection by affidavit for small estates, with separate thresholds and waiting periods for personal and real property.
- Personal property affidavit: after 30 days, personal property of $200,000 or less and no personal representative pending.
- Real property affidavit: after six months, Arizona real property of $300,000 or less, filed in the county of domicile or where the property is located.
- Affidavit can be used to transfer vehicle titles or securities.
- Real property affidavits are recorded in the county where the property is located after court issuance.
Estate and inheritance tax exposure
Arizona does not impose a state estate or inheritance tax for deaths after 2004.
- Estate tax provisions were repealed; no inheritance or gift tax is imposed.
- Federal estate tax may apply based on estate size.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
In Arizona, courts appoint guardians for minor children when no legal parent can act. State statutes outline eligibility, notice, and court oversight.
- Court appointment is required to grant a non-parent legal authority.
- Statutes define who may petition, notice requirements, and hearing steps.
- Temporary or emergency guardianships may be available in urgent cases.
- Statutes: AZ Rev. Stat. Sec. 14-5204; 5207; 5212
- Temporary or emergency guardianships may be available for urgent situations.
- Notice and hearing requirements apply before appointment.
Risk areas
Explore estate risk dimensions in Arizona
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Arizona
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Arizona
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Arizona
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.