Estate Law · Arizona
Arizona estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Arizona residents.
- Arizona intestacy gives the spouse all community property and a portion of separate propertyAZ intestacy: spouse takes all community property; entire separate property with mutual or no descendants; one-half with prior-relationship descendants.
- Arizona recognizes attested wills, holographic wills, and harmless-error willsArizona recognizes attested wills, holographic wills (material provisions handwritten), and harmless-error wills. Flexible UPC framework.
- Arizona small-estate affidavit handles personal property up to $75,000 and real property up to $100,000Arizona small-estate affidavit: personal property up to $75,000 (30-day wait), real property up to $100,000 (6-month wait). Both procedures available.
- Arizona durable power of attorney requires express durability languageAZ POAs require express durability language. Healthcare power of attorney is separate. AZ has not adopted comprehensive Uniform POA Act framework.
- Arizona community property with right of survivorship transfers automatically at death without probateArizona CPRS combines community property tax advantages with automatic spousal transfer at death. Avoids probate while preserving double step-up.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Arizona attorney.