Let’s face it- probate isn’t exactly a word most people want to hear. As a matter of fact, most people want to avoid probate like the plague. Probate doesn’t have to be overwhelming. In Arizona, many probate cases can be smooth and manageable, especially if you’re dealing with a simple estate. I’m a local Arizona attorney, and I focus on helping families through informal and small estate probate—the simpler, no-courtroom-drama kind.

 

So, What Is Probate Anyway?

Probate is the legal process that happens after someone passes away. It’s how we make sure their will is valid (if there is one), identify what assets they owned, pay off any outstanding debts or taxes, and then distribute what’s left to the rightful heirs.

One common myth I hear a lot is that if you have a will, you can skip probate—but that’s not true. A will has to go through probate before it’s officially recognized and enforceable. Only then can the person named in the will (called the “personal representative” or “executor”) step in to manage the estate. There are other ways to avoid probate, but we will discuss that in a later blog.

Once the court reviews all the necessary paperwork and approves the documents, it issues what’s called “Letters of Appointment” (sometimes called Letters of Personal Representative). This is the official document that gives the personal representative legal authority to sell property, pay bills, and transfer assets to the beneficiaries.

Not all probates are created equal.

 

Informal Probate

This is the most common and easiest path. It’s used when there are no disputes, the will is clear and valid, and the heirs are easily discernible. There’s no court hearing, just paperwork. Once everything is filed correctly, the registrar issues the Letters of Appointment, and the personal representative (“PR”) can start settling the estate.

These are the cases I focus on—no courtroom appearances, just helping you get it done right. Most informal probates take about 6 months to a year and are primarily about forms, deadlines, and staying organized.

 

Formal Probate

This is a different story. Formal probate is required when there’s a legal dispute—maybe someone’s contesting the will or there’s a disagreement over who should inherit. This process involves hearings and court oversight every step of the way. It’s more time-consuming and costly.

I don’t handle these types of cases—but I do refer clients to trusted colleagues who specialize in formal probate when necessary.

 

Small Estate Probate (Affidavit Process)

If the estate is small, Arizona allows you to skip probate entirely by using an affidavit. Until recently, this option was limited to very modest estates, but that’s changing.

 

Big News: Arizona Just Raised the Small Estate Limits

Thanks to a new law, HB 2116, Arizona is making it even easier for families to settle smaller estates without filing for probate in the court.

Effective 90 days after the legislature ends its 2025 session, the new thresholds will be:

• Real estate: Increased from $100,000 to $300,000
• Personal property: Increased from $75,000 to $200,000

That means more families will qualify to use the simplified affidavit process, skipping the court system altogether.

 

Why I Focus on Simple, Uncontested Probate

Losing someone is hard enough. The last thing you need is a complicated legal mess. That’s why I’ve chosen to focus on helping people through the most straightforward paths—informal probate and small estate cases.

These matters are where I can make a real difference for families just looking for peace of mind. I work closely with each client, offering personalized, compassionate support from start to finish. No confusing legal jargon, no surprises—just clear steps and real solutions.

If you’ve recently lost a loved one and aren’t sure what to do next, I’m here to help. Whether it’s an informal probate or you think you might qualify for the new small estate affidavit process, I’d love to walk you through it, step-by-step. Click below to schedule a consultation.