You "Can" Do A Simple Arizona Probate Yourself
Someone found my website with the following Google search:
"how to probate an estate in arizona, can I do it myself"
So searcher, if you try searching again, I hope you find this post. The short answer, to the chagrin of many other attorneys is YES. In Arizona, the laws are structured so that it is not impossible to do a probate by yourself, "pro per" as we attorneys say. The Arizona legislature is not "friendly" to attorneys like other states.
I do not recommend a "do it to yourself" probate because I have seen some non-attorneys go wrong. But, if you intend to probate your estate by yourself to save yourself the attorney fees, then I would like to help you get started. I gain nothing by hiding the legal process from people who want to educate themselves. In my opinion, once people see how complicated a "simple probate" is they still may hire me.
However, I would not recommend trying your hand at anything but a simple probate. My definition of a simple probate is where there is little debt, just one or a few assets, and one heir (or all the heirs get along extremely well and already agree). If you meet those first requirement, then you should also be willing to invest a significant amount of time learning what you need to do, going to court, and in administration.
Probating the estate of a spouse may not be that difficult, unless there are children of a previous marriage. If there is no will, you will need to ensure that you have found all the right heirs. Most people do not know that children of a previous marriage get half of the community property and half of the separate property too. (A great reason to create an estate plan.)
That absence of a will brings up another point. You need to know whether you are "probating" a will or "probating" an intestate estate (no will). Each requires its own specific forms, but the forms available in Maricopa County themselves maybe of some guidance.
As you can tell, there are many little tricks and traps that you need to know. But, for those that are adventurous enough to try, and willing to spend the time learning here is the information and forms to do it in Maricopa County. The forms would be similar for other Arizona Counties, but you can check with them.
If the estate is small, then there may be the possibility of avoiding "probate" altogether and collecting everything by affidavits. Look at the self help forms for that. If there is less than $50,000 in assets not real property (houses, real estate, land, etc.) and less than $75,000 in real property you can avoid probate.
Additionally, here is a link to the Arizona statutes governing probate and estates.
Good luck with it if you give it a try. This information is not enough for you to make every decision and is certainly not enough for guidance on everything you need to know. It is only enough to get you started. This should not be relied upon as legal advice because there is just too much to consider to fit into one post. My legal recommendation, for my malpractice coverage, is to hire an attorney. There may just be too much to risk.
After all, if it is a simple estate, then it will not be an expensive probate. Additionally, it may be helpful to see an attorney who could analyze the case and even prepare the affidavits for a minimal amount.
Administration of a trust is not the same as probate, and it requires legal guidance in my opinion.
