Arizona

At a Glance

The 7-day rule.

In Arizona the clock starts when the funeral establishment takes the body, not at the moment of death. Within 7 calendar days after receiving possession, the funeral establishment or other responsible person has to complete the death certificate and submit it for registration to a local registrar, a deputy local registrar, or the state registrar. The registrar then has 72 hours to register it if it's accurate and complete. (A.R.S. 36-325)

Who files it, and who signs the cause of death.

The funeral establishment or responsible person who takes possession of the body submits the certificate. A health care provider has 72 hours to complete and sign the medical certification of death. If the county medical examiner has jurisdiction, the same 72 hours runs from the examination, and if the cause can't be determined in that window the examiner enters "pending" and signs anyway. Nothing gets buried or cremated with a pending cause until the examiner releases the body. (A.R.S. 36-325)

You need a permit before burial or cremation.

A disposition-transit permit from a local registrar, deputy local registrar, or the state registrar is required before final disposition or before moving the body out of Arizona. (A.R.S. 36-326)

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/licensing/vital-records
• -The fee is set by the Department of Health Services rather than fixed in statute (A.R.S. 36-341), so confirm the current amount before you order
• -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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

At a Glance

When probate is required.

Arizona lets you skip probate with a small estate affidavit when the numbers are low enough. The limits are $200,000 for personal property and $300,000 for real property, both measured after liens and encumbrances. Above either limit you're in probate. (A.R.S. 14-3971)

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.

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?

$200,000. 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’re 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're alive.

Source: Ariz. Rev. Stat. § 33-405 ↗

Time off work after a death in Arizona

Arizona doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. Nobody, for bereavement. Earned paid sick time covers most Arizona employees but a death is not a permitted use.

How much. 0

Paid or unpaid. Not applicable. Whether an employee can use earned paid sick time or PTO after a death is employer policy, not law.

Arizona mandates earned paid sick time (up to 40 hours a year at employers with 15 or more employees, 24 hours below that), but grief is not on the statutory list, so using it after a death depends on the employer saying yes.

Source: No bereavement statute. A.R.S. § 23-373 (earned paid sick time, Prop 206 of 2016) omits bereavement from its permitted uses. ↗

Can I leave money to care for my pet in Arizona?

Yes. Arizona enforces pet trusts under A.R.S. § 14-10408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one. Arizona sets no year limit. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal could plausibly need. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise to whoever inherits from you. Arizona covers only an animal that was alive at some point while you were, so a pet your family takes in after your death isn't protected by the same trust. Name a caretaker and a backup in the trust itself; the statute won't pick one for you.

Source: A.R.S. § 14-10408 ↗

How to set one up, and what it costs →

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 doesn't matter. Only a signed will changes these defaults.

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).

At a Glance

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 can't. 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.

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?

Start with A.R.S. 36-3221 et seq. (Arizona Health Care Power of Attorney), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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.

At a Glance

Cremation regulations.

Arizona requires a disposition-transit permit from a local registrar, a deputy local registrar, or the state registrar before cremation or any other final disposition (A.R.S. 36-326). Crematories must be licensed by the Arizona State Board of Funeral Directors and Embalmers.

Right of disposition: the spouse comes first.

A.R.S. 36-831 sets the order for who decides: (1) surviving spouse, unless they were legally separated or a divorce or separation petition was pending, (2) the agent named in the person's most recent health care power of attorney or durable power of attorney, if that document specifically gives the agent authority over the remains, (3) parents if the person was a minor, (4) adult children, (5) parent, (6) adult sibling, (7) adult grandchild, (8) grandparent, then more distant categories. Within a category, any member can make the arrangements unless they know another member objects; if there's a known objection, a majority of the reasonably available members decides.

Green burial.

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

Who decides what happens to the body in Arizona

Arizona sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. designated agent on DD Form 93 (overrides subsection A entirely under § 36-831(J))
2. surviving spouse, unless legally separated or a divorce or legal separation petition was pending at death
3. agent under the most recent health care power of attorney, or a durable power of attorney, that specifically grants authority over disposition of remains
4. the parents, if the decedent was a minor
5. adult children
6. parent
7. adult sibling
8. adult grandchild
9. grandparent
10. an adult who exhibited special care and concern for the dead person
11. guardian of the person at the time of death
12. any other person who has the authority to dispose of the body
13. any person or fraternal, charitable or religious organization willing to assume responsibility (when nobody above is financially capable or locatable)
14. the state department of corrections (decedent was a state prisoner and nobody above is willing or locatable)

Naming someone in advance. Arizona has no standalone disposition-agent affidavit. The advance directive does the job: a health care power of attorney under A.R.S. title 36, chapter 32, article 2, or a durable power of attorney, but only if that document specifically grants authority over disposition of the remains. A DD Form 93 outranks everything for service members. Family members can also sign a waiver of decision making during the person's life under § 36-831(B), giving up their own place in the order.

When the same tier disagrees. § 36-831(D): if more than one person sits in the categories at paragraphs 3 through 9, any member of that category may make final arrangements unless that member knows of an objection by another member. Once an objection is known, arrangements have to be made by a majority of the members of the category who are reasonably available. Section 36-831(H)(2) also immunizes a funeral provider for refusing to follow conflicting directions from people of the same priority. The section states no court petition procedure.

Arizona is unusual in putting the spouse ahead of the health care agent, so a power of attorney only controls when there's no eligible spouse. Anyone who ducks the duty owes double: § 36-831(F) makes a person who omits or is unwilling to perform it liable to whoever does perform it for twice the expenses incurred, recoverable in a civil action. If a county has to bury someone, it can recover the cost from the estate and record a lien that takes priority over a beneficiary deed. A charge for the criminal death of the decedent, known to the funeral director, pushes the duty to the next person (subsection I), and the county medical examiner has to notify a federally recognized Arizona tribe when the decedent was a member.

Source: Ariz. Rev. Stat. § 36-831 (Burial duties; notification requirements; failure to perform duty; veterans; immunity; definitions) ↗

If you can't afford the funeral in Arizona

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. County burial or cremation. Arizona has no statewide funeral fund. The county where the death happened. In Maricopa County it's the County Indigent Decedent Services Program (CIDS) at Public Health; in Pinal County it's the Public Fiduciary.

What it pays. Not published. No Arizona county page publishes a dollar figure. A.R.S. § 36-831(C) says the county where the death occurs "shall bury or place in a permanent care crypt" the body or cremated remains when nobody in the family list is willing or able.

What disqualifies you. A.R.S. § 36-831(A) puts the duty on family in order: surviving spouse, then whoever holds a power of attorney with disposition authority, then parents if the person was a minor, then adult children, parent, adult sibling, adult grandchild, grandparent, an adult who showed special care and concern, the guardian, and anyone else with authority. Under subsection (C), the county steps in if none of them is willing or financially able, or can't be found after reasonable effort. The county officer can investigate financial eligibility. The death has to have happened in that county. Maricopa County requires a referral from a contracted funeral home, then an online application with financial documents. Pinal County requires proof of income and/or the two most recent bank statements. Under subsection (G) the county can recover its costs from the estate and record a lien that outranks a beneficiary deed.

The official page ↗

2. If the death was caused by a crime. Funeral costs up to $10,000. The maximum award for any one claim is $25,000, and every category comes out of that total. Other published limits: counseling up to $5,000, crime scene clean-up of a residence up to $2,000, transportation up to $2,000, medical up to $25,000.

Arizona crime victim compensation ↗

3. Money the person was already owed. Search Arizona's unclaimed property before you borrow anything. Searching and claiming are free.

Arizona unclaimed property ↗

Call the county where the person died. Not the county where you live. A.R.S. § 36-831(C) puts the job on "the county in which death occurs." Arizona law names who's responsible before the county is: the surviving spouse, then a person holding a power of attorney that specifically covers disposition, then the parents if the person who died was a minor, then adult children, then a parent, then an adult sibling, then an adult grandchild, then a grandparent, then an adult who showed special care and concern, then a guardian. The county takes over only when none of those people is willing or financially able, or can't be found after reasonable effort. Being estranged doesn't take you off that list. Pinal County says so in plain words on its own page. No Arizona county publishes an amount. Here's what two of them do. Maricopa County's Indigent Decedent Services Program handles people who die in the county and are unclaimed, indigent, abandoned, or unidentified. You can't apply cold. A contracted funeral home has to refer you, and then you complete an online application and upload financial records and proof of relationship. Call 602-372-0535, option 5, or email CIDS@maricopa.gov, and ask them which funeral homes are contracted. Burials go to White Tanks Cemetery. Pinal County's Public Fiduciary handles indigent cremations. You submit an application with proof of income and/or your two most recent bank statements. Know this before you apply: once the county cremates, Arizona law requires the county to bury the cremated remains in a cemetery or crypt, and they can't be released to the family even if the family is found to be indigent. Pinal County Public Fiduciary is at 520-866-7252. If the person was an honorably discharged veteran or the surviving spouse of one, the county has to notify the VA or a local veterans organization and give them the chance to handle the burial first. If they can't, the county has to bury the person in a veterans cemetery or a veterans section. One more thing to expect: the county can bill the estate later. A.R.S. § 36-831(G) lets a county recover burial costs from the estate and record a lien that takes priority over a beneficiary deed. If the death was a crime, apply for Crime Victim Compensation through the County Attorney's Office in the county where the crime happened. Funeral costs are covered up to $10,000. The most any single claim can pay out is $25,000 across all categories, and the fund is the payer of last resort, so insurance, AHCCCS, and other coverage get used first. Apply within two years of the crime or of discovering it. You don't need an arrest or a conviction, but law enforcement has to have enough to substantiate that a crime happened, and the program's own materials say the crime should be reported within 72 hours. If it's been longer, apply anyway and let the county board decide. A local volunteer board reviews claims, and you can ask for a rehearing within 30 days of a decision. Then check azdor.gov/unclaimed-property for money already owed to the person. The Arizona Department of Revenue holds it and lists owners on missingmoney.com. Searching and filing a claim are free. The Department of Revenue will never text you about unclaimed property, so treat any text as a scam.

At a Glance

No Arizona estate tax.

Arizona doesn't 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 doesn't 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.

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 doesn’t 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 Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

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 can't override an adult donor's decision.

Under the Arizona Revised Uniform Anatomical Gift Act, a registered donor's decision is legally binding. Nobody else can make, amend, or revoke the gift after your death (A.R.S. 36-847(A)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (A.R.S. 36-847(G)). Organ procurement organizations still consult families in practice, so tell yours what you decided.

Source: A.R.S. 36-847 (preclusive effect of anatomical gift, amendment or revocation) ↗

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