Detailed Answer
Under Arizona law, some real property transfers outside probate and passes automatically at death. Other property must go through probate when a decedent leaves a will. Understanding the difference helps you plan your estate efficiently.
1. Non-Probate Transfers
Non-probate assets bypass the court process. They transfer directly to the surviving owner or beneficiary. Common non-probate methods include:
- Joint Tenancy with Right of Survivorship: If two or more people hold title as joint tenants, the survivor automatically owns the entire property at death.
- Community Property with Right of Survivorship: Arizona allows married couples to hold property as community property with right of survivorship. At the first spouse’s death, the survivor gets full ownership. (See ARS §33-405.)
- Transfer-On-Death Deed (TODD): A decedent may record a TOD deed naming a beneficiary. The deed takes effect without probate upon the owner’s death. (See ARS §33-398 and §33-402.)
- Trusts: Property held in a properly funded revocable or irrevocable trust passes to beneficiaries per the trust terms without probate.
- Life Estate Deeds: An owner may grant a life estate to themselves with remainder interests to others. The remainder interest holder receives title automatically at death.
2. Why Probate a Will?
Any property not held via a non-probate method must pass through probate when you have a will. Probate is the court-supervised process that:
- Validates the will.
- Identifies and inventories the decedent’s assets.
- Pays debts, taxes, and administrative costs.
- Distributes remaining assets to named beneficiaries.
Arizona probate begins by filing a petition in the superior court of the decedent’s county. The governing statutes appear in Title 14 of the Arizona Revised Statutes. (See ARS §14-3001.)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Helpful Hints
- Review your property deeds and titles to identify non-probate ownership.
- Consider recording a Transfer-On-Death Deed for single-owned real estate.
- Use joint tenancy or community property with right of survivorship for married couples.
- Fund a living trust to avoid probate entirely.
- Consult an estate planning attorney to tailor strategies to your goals.