When someone you love dies, you face strong emotions and many practical worries. Their choices about property ownership and beneficiary names can force your family into court or add extra expenses. Understanding the probate process can give you a better idea of what to expect.
How probate works in Arizona
Non-testamentary transfers let property pass to someone else at death without a will or probate court. Common examples include joint ownership with right of survivorship, beneficiary designations on life insurance and retirement accounts and beneficiary deeds for real estate.
These transfers can speed access to money and avoid court records and costs. But mistakes on titles or beneficiary forms can push an asset into probate. An estate planning lawyer can explain your options and limits.
Assets that may avoid probate
Many assets pass outside probate based on title or beneficiary designations, including:
- Assets titled in a revocable living trust
- Assets owned with right of survivorship
- Retirement accounts and life insurance with a named beneficiary
- Bank accounts labeled payable on death
- Real estate with a valid beneficiary deed
If the person who died left no estate plan, your family may face court delays, added costs and uncertainty during an already stressful time.
Small estate limits in 2026
The 2026 rule increases the dollar limits for small estate affidavits. If your estate stays below the new limits, your heirs can use a sworn affidavit to avoid full probate.
Personal property such as cash, cars and jewelry now qualifies at $200,000 or less, up from $75,000. Real property such as land or a house now qualifies at $300,000 or less, up from $100,000.
Heirs must wait 30 days after the date of death for personal property and six months for real property before they can use the affidavit.
Secure your family’s access
Probate can slow and limit access to your inheritance when you need it most. A skilled estate planning or probate lawyer can explain your rights, show simpler options and guide you through the process so you can move forward with less uncertainty. Remember, your family deserves peace of mind during this painful time.
