AZ Court Help and Arizona courthouse accessibility information           Increase Font Size

A- A A+

FAQ - Probate

In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.

Did you receive a letter? Visit the DCS letter page for more information.

Who has the legal right to claim property in a Small Estate Transfer?

Persons who have a legal right to claim property may be called heirs, successors, devisees, or beneficiaries.  You may have a right to claim the property of a person who died using small estate transfer if:

  • You are named in the will and you can prove it
  • You are an heir if the person died without a will
  • You are a successor
  • You have a legal right to inherit
  • You contacted a qualified probate attorney who advised you that you had a property claim

When there is not a will, an heir under Arizona law may be a:

  • Surviving spouse
  • Child, if there is no surviving spouse, unless the surviving spouse is not the parent of the child
  • Parent, if there is no surviving spouse or child
  • Brother or sister, if there is no surviving spouse, child or parent

Search