When is an Arizona Probate Necessary?

Probate is not always required or necessary in Arizona after a person dies. When a resident of Arizona dies, there are two primary reasons to probate the decedent’s estate with an Arizona probate court:

1. the decedent has assets that cannot be transferred to the decedent’s heir(s) without a probate, and/or
2. the estate of the decedent desires to eliminate or reduce the claims that creditors may make against the estate. Under Arizona law the general rule is that creditors who do not file a formal claim with the estate within four months after the publication of a notice to creditors are barred forever of bringing their claims. A.R.S. § 14-3803