Probate Thresholds in Arizona Are Changing: What Families Need to Know

New Arizona Law Raises Probate Thresholds for Small Estates

A new law just signed by Governor Katie Hobbs is changing how probate works for many Arizona families. Under House Bill 2116, the financial thresholds for using a simplified probate process are increasing for the first time in years. That means more estates may qualify for a quicker and more affordable resolution outside of traditional court supervision.

If you're planning your estate, administering a loved one's will, or just trying to make sense of Arizona probate, here’s what you need to know about the new small estate limits—and some of the most common misconceptions about how probate really works.

What Is a Probate Threshold?

A probate threshold is the dollar value limit that determines whether an estate qualifies for simplified probate procedures, such as small estate affidavits. If the total value of the estate falls below this limit, heirs may be able to avoid full probate court proceedings.

Prior to the passage of HB 2116, Arizona's small estate limits were $75,000 for personal property and $100,000 for real property. These figures hadn't changed in years. HB 2116 raises the thresholds to:

• $200,000 in personal property
• $300,000 in real property

This is a significant shift that could streamline probate for many Arizona families—and potentially allow more estates to bypass formal court involvement.

Why These Changes Matter

Probate is often necessary when someone passes away with assets solely in their name. Without proper estate planning tools, such as a trust or beneficiary designations, those assets may need to be distributed through the court system. For smaller estates, this can be an unnecessary expense and hassle.

By raising the limits, Arizona lawmakers are making it easier for more families to use small estate affidavits. These allow for faster asset transfers without the delays and costs of full probate.

That said, not all assets are subject to probate, and not everyone qualifies to use these shortcuts. That’s why working with an estate planning attorney is still the best way to protect your family’s future.

Common Misconceptions About Probate in Arizona

Many people are surprised to learn how probate really works in Arizona. Here are a few myths we hear all the time:

1. "If someone names me in their Will, I'm automatically the personal representative."

Not true. Even if you’re named in a Last Will and Testament, you must still be officially appointed by the probate court before you can act on behalf of the estate. Until you have that legal authority, you can’t collect assets, pay debts, or distribute property.

2. "Having a Will means we can skip probate."

False. A Will actually goes through probate. It provides instructions to the court, but it doesn't avoid the probate process. To truly bypass probate, you need to employ strategies such as trusts, beneficiary designations, and payable-on-death accounts.

3. "Probate always takes years and costs a fortune."

It depends. While some estates involve disputes or delays, many probates—especially informal ones—can be completed in a matter of months. And with the new thresholds, more people may qualify for a much simpler process.

How an Arizona Probate Attorney Can Help

Whether you’re navigating a recent loss or planning ahead, it’s important to understand the rules around probate in Arizona. At The Law Firm of Brown & Jensen, our experienced estate and probate attorneys can:

• Determine if your estate plan can help you avoid probate
• Guide you through Arizona’s new small estate affidavit process
• Help you petition the court to become a legally recognized personal representative
• Resolve disputes, handle estate taxes, and ensure your loved one’s wishes are honored

With offices in Mesa, Tucson, Scottsdale, and throughout Arizona, we make it easy to get the legal help you need. Our attorneys have decades of combined experience and a deep understanding of Arizona probate law.

If you have questions about the new probate thresholds or need help administering a loved one’s estate, don’t wait to get advice. Contact The Law Firm of Brown & Jensen for a free consultation today. We’re here to guide you forward.

"Scott Jensen was extremely professional and was very thorough in handling my issues. I would use his service again without hesitation and would recommend his services to others." ─ Jason, ⭐⭐⭐⭐⭐