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State Guide

Arizona

What Arizona law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.

Someone just died in Arizona? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Arizona attorney for your specific situation.

This is general information, not legal advice. Arizona law changes. Your situation is specific. For anything that matters, talk to a licensed Arizona attorney. Find one here →

Death Certificates

At a Glance

5
days to file
after death
25
years
confidential
$20
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 5 days · Restricted for 25 years · Then public

The 5-day rule.

In Arizona, a death certificate must be filed within 5 days of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (A.R.S. 36-325)

Order at least 10 certified copies. Banks, insurance companies, and government agencies all require originals.

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

  • Arizona DHS Vital Records: azdhs.gov/vital-records
  • Cost: $20 per certified copy
  • Expedited service available through VitalChek

How do I get a death certificate in Arizona?

Order certified copies from Arizona's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Arizona?

$20 per certified copy in Arizona, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

Probate & Wills

At a Glance

$75k
small estate
threshold
simplified
process available
6-12 months
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

Arizona requires probate for estates with solely-owned personal property exceeding $75,000 or real property exceeding $100,000. Estates below these thresholds may qualify for simplified procedures. (A.R.S. 14-3971)

Arizona probate typically takes 6-12 months for straightforward estates.

Community property state.

Arizona is a community property state. Property acquired during marriage is generally owned equally by both spouses. At death, the deceased spouse's half of community property is distributed according to their will or intestate succession.

Community property rules significantly affect estate planning in Arizona. Consult an Arizona estate attorney to understand how community property affects your specific situation.

If you die without a will.

Arizona intestate succession (A.R.S. 14-2102) determines who inherits:

  • Surviving spouse (community property): spouse keeps their half; deceased's half goes to spouse if no descendants, or split with descendants
  • Surviving spouse (separate property): spouse gets all if no descendants or parents; otherwise split with descendants or parents
  • No spouse, descendants survive: descendants inherit equally
  • No spouse or descendants: parents, then siblings, then more distant relatives

How long does probate take in Arizona?

A straightforward Arizona probate typically runs 6-12 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Arizona?

$75,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Arizona?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Arizona allow transfer-on-death deeds?

Yes. Arizona authorizes the beneficiary deed under Ariz. Rev. Stat. § 33-405. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Arizona calls it a beneficiary deed; it must be recorded before death and can be revoked any time while you are alive.

Source: Ariz. Rev. Stat. § 33-405

Related questions

Dying Without a Will

Die without a will in Arizona and this law picks your heirs.

If you die intestate (without a valid will) in Arizona, Ariz. Rev. Stat. §§ 14-2101 to 14-2114 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

Arizona is a community property state and uses no dollar lump sums at all: a blended family is the only situation where the spouse shares the estate. In that case the decedent's half of the community property goes entirely to the descendants, not the spouse.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): entire estate, including the decedent's half of the community property
  • Spouse + parents (no descendants): parents get nothing; the spouse takes the entire estate
  • Spouse + joint descendants: spouse takes the entire estate
  • Spouse + blended family: spouse takes 1/2 of the separate property and none of the decedent's half of the community property; the descendants take the rest
  • Source: Ariz. Rev. Stat. §§ 14-2102, 14-2103, 14-2105

Children's shares.

The decedent's descendants take everything by representation: equal shares at the nearest generation with survivors, deceased members' shares pooled for the next generation.

No spouse, no children: the line of succession.

After descendants come the parents, then descendants of the parents, then grandparents and their descendants in paternal and maternal halves; if no one qualifies, the estate passes to the State of Arizona (§ 14-2105).

Related questions

Advance Directives & Healthcare Wishes

At a Glance

18
min. age
1
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

Arizona Health Care Power of Attorney.

Arizona recognizes a Health Care Power of Attorney (A.R.S. 36-3221) that designates an agent to make medical decisions when you cannot. It must be signed by the declarant and either notarized or witnessed by one adult.

Arizona Living Will.

Arizona recognizes a Living Will (A.R.S. 36-3261) that specifies your wishes for life-sustaining treatment if you have a terminal condition or are in a persistent vegetative state.

Arizona uses two separate documents rather than a single combined document. Both are recommended.

POLST (Physician Orders for Life-Sustaining Treatment).

Arizona recognizes POLST as a medical order for seriously ill patients. A POLST is signed by a physician and travels with the patient across healthcare settings.

Where do I get Arizona's advance directive form?

The controlling law is A.R.S. 36-3221 et seq. (Arizona Health Care Power of Attorney), linked as this section's source. Most people use the free statutory form: Arizona's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Arizona require a notary or witnesses for an advance directive?

Arizona requires notarization and 1 adult witness, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

Related questions

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation regulations.

Arizona requires a cremation permit from the local registrar before cremation. Crematories must be licensed by the Arizona State Board of Funeral Directors and Embalmers.

Right of disposition.

Arizona law (A.R.S. 36-831.01) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.

Arizona allows you to designate a disposition agent in a signed document. This takes precedence over next-of-kin.

Green burial.

Green burial is permitted in Arizona. Natural burial is allowed at cemeteries that permit it.

Related questions

Estate Taxes

Last verified: July 16, 2026

Source: Arizona Department of Revenue

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No Arizona estate tax.

Arizona does not impose a state estate tax. Arizona's estate tax was phased out in 2005 when the federal state death tax credit was eliminated.

No Arizona inheritance tax.

Arizona does not impose an inheritance tax. Beneficiaries inheriting assets from an Arizona decedent pay no state-level inheritance tax.

Federal estate tax.

Arizona residents are still subject to the federal estate tax. The federal exemption is $15 million per individual in 2026.

The One Big Beautiful Bill Act (2025) made the higher federal exemption permanent: $15 million per person for 2026, indexed for inflation.

Does Arizona have an estate tax?

No. Arizona has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Arizona have an inheritance tax?

No. Arizona does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

At a Glance

18+
to register
How to Register
Driver's license
Online registry
Donor card
Family Override
Binding
Your decision is legally binding
State registry: Arizona Donor Registry

The Arizona Donor Registry.

Arizona maintains a donor registry through Donor Network of Arizona. Registration through the Arizona Motor Vehicle Division when obtaining or renewing a driver's license is the most common method.

Your family cannot override your registration.

Under the Arizona Revised Uniform Anatomical Gift Act (A.R.S. 36-841), a registered donor's decision is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at donatelifeaz.org, at any Arizona MVD location, or by completing a donor card.

  • Online: donatelifeaz.org
  • At the Arizona MVD when renewing your license
  • Donor card: available from Donor Network of Arizona

Related questions

Need Help in Arizona?

Some of this requires an Arizona attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Arizona

From The MORTL Edit

Read when you're ready.

Sources: Arizona Revised Statutes (azleg.gov), Arizona Department of Health Services (azdhs.gov), Arizona State Board of Funeral Directors and Embalmers, Donate Life Arizona, State Bar of Arizona. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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