If you’ve recently inherited land in Arizona, you might be asking yourself, “How long until this is actually mine?”
It’s the most common question we hear from families. You have the will, you have the keys (or at least the gate code), but you don’t legally have the title.
In Arizona, the probate process usually takes between six months to one year for most uncomplicated land estates.
However, the laws changed in late 2025. If your land is worth less than $300,000, you might be able to use a “shortcut” that saves you thousands of dollars, even if it doesn’t save you much time on the calendar.
Why This Matters for Landowners
When a landowner passes away, their property is legally “frozen.” The county recorder still lists the deceased person as the owner. Until the court gives the green light, you cannot sell the land, build on it, or even give it away.
While you’re waiting, the responsibilities don’t stop.
You still have to pay property taxes and keep the land free of weeds or trash. This can be stressful, especially if you live in another state and can’t check on the property regularly.
Here are three key terms you need to know before we dive in:
- Intestate: This simply means the person died without a valid will. In these cases, the court decides who gets the land based on Arizona state laws (usually spouses and children first).
- Personal Representative (PR): You might know this as an “executor.” This is the person chosen to be the boss of the estate. They are responsible for filing the paperwork, paying the debts, and signing the deed when the land is finally sold.
- Letters Testamentary: These are the “Golden Tickets.” They are official court documents that prove the Personal Representative has the legal power to act. You can’t just show a buyer the will; you need these certified “Letters” to close the deal.
The 3 Types of Probate (With Timelines & Costs)
The timeline and cost depend entirely on which type of probate you choose.
In 2025, Arizona updated the laws to make it easier for smaller estates, like many vacant land parcels, to avoid the long, expensive court process.
Here’s a detailed breakdown of the three main paths.
1. Small Estate Affidavit (The “Shortcut”)
This is often the best-case scenario for vacant land.
If the total value of the real estate (minus any loans/mortgages) is less than $300,000, you can skip the full probate process entirely.
Important: This limit used to be $100,000, but it was raised to $300,000 in 2025, allowing many more landowners to use this cheaper option.
- The Catch: You must wait 6 months from the date of passing before you can file this affidavit. You cannot speed this up.
- Good For: Single plots of vacant land, rural acreage, or inexpensive properties where the family agrees on everything.
Example: The “Tiny Plot”
You inherit a 5-acre lot in Cochise County. The land is worth about $40,000, and there is no debt on it.
| Timeline | Action |
|---|---|
| Months 1-6: The Wait | You do nothing but gather documents (death certificate, will, property description). You pay the property taxes to keep them current. |
| Month 7: Filing | The 6-month waiting period ends. You file an “Affidavit for Succession to Real Property” with the county probate court registrar. |
| Month 8: Completion | The registrar reviews it. Since it is simple, they issue a certified copy. You record this with the County Recorder, and poof—the title is now in your name. |
Estimated Costs:
- Filing Fees: ~$200 – $450 (Court filing fee + Certified Copy fee).
- Legal Fees: $0 if you do it yourself; $1,000 – $2,000 if you hire a lawyer to prepare the affidavit.
2. Informal Probate (The Standard Path)
This is the most common route for estates worth more than $300,000, or for families who want to sell the land before the 6-month waiting period is up.
It is called “informal” because a judge isn’t constantly checking your work; it is mostly paperwork handled by the court registrar.
- The Catch: There is a mandatory 4-month creditor period. You must publish a notice in a local newspaper and wait to see if any bill collectors come forward.
- Good For: Families who get along and want to sell the property relatively quickly (within that 6-8 month window).
Example: The “Family Investment”
Three siblings inherit a large parcel near Phoenix worth $450,000. They want to sell it and split the cash.
| Timeline | Action |
|---|---|
| Month 1: Appointment | One sibling applies to be the Personal Representative. The court grants “Letters Testamentary” usually within a few weeks. Crucial: You can now list the land for sale and even sign a contract! |
| Month 2: Notice | The PR publishes a “Notice to Creditors” in a local newspaper. |
| Months 2-5: The Wait | The mandatory 4-month clock ticks. During this time, the family finds a buyer (Front Porch Land Group, perhaps!) and opens escrow. |
| Month 6: Closing | The creditor period expires. You pay any final debts, distribute the money to the siblings, and file a “Closing Statement” to finish the estate. |
Estimated Costs:
- Filing Fees: ~$250 – $375 (Petition fee).
- Publication: ~$40 – $100 (Newspaper fee).
- Legal Fees: ~$3,000 – $5,000 if hiring an attorney; considerably less if DIY.
3. Formal Probate (The “Complex” Path)
This happens when things go wrong. If the siblings are fighting over who gets the land, or if the will is handwritten and unclear, a judge must oversee every single step.
- The Catch: It is slow and expensive. Every major decision (like selling the land) might require a court hearing and a judge’s signature.
- Good For: Resolving complex family conflicts or unclear wills.
Example: The “Disputed Ranch”
A brother and sister inherit a ranch. The brother wants to sell, but the sister claims the will is fake and she should own it all.
| Timeline | Action |
|---|---|
| Months 1-3: Petitions are filed | The court schedules a hearing date (courts are often backed up). |
| Months 4-12: Hearings take place. | The judge reviews evidence. |
| Year 1+: The judge finally makes a ruling | After this, the property can be transferred |
Estimated Costs:
- Fees: $5,000 – $15,000+ (Mostly hourly attorney fees).
Can You Do Probate Yourself?
This is the big question: Do I really need a lawyer?
Yes, you can do it yourself.
Arizona is a “self-service” friendly state. The court system provides packets of forms for both Small Estate Affidavits and Informal Probate. If your situation is simple, meaning there is one valid will, no debt, and everyone in the family gets along, you can absolutely handle this yourself.
However, be careful. Probate is very strict about deadlines.
- Did you forget to mail the notice to the heirs within 10 days of being appointed?
- Did you forget to publish the ad in the newspaper?
- Did you file the inventory list on time?
If you miss a step, the court can pause your case or make you start over.
If you are comfortable with paperwork and deadlines, you can save thousands of dollars. If paperwork stresses you out, hiring a “Certified Legal Document Preparer” (CLDP) is a middle-ground option, they are cheaper than lawyers but can fill out the forms for you.
Can You Sell the Land Before Probate Is Done?
Yes, but only in Informal or Formal Probate.
You generally cannot sell the land during the 6-month waiting period of a Small Estate Affidavit. You have to wait until you own it.
In Informal Probate, once the Personal Representative gets those “Letters Testamentary” (usually in Month 1 or 2), they have the legal power to sell the land. You can sign a contract, open escrow, and sometimes even close the sale before the 4-month creditor period is over (though the money might need to sit in an escrow account until the timeline finishes).
This is a huge advantage if you have bills to pay and need the cash sooner rather than later.
Let’s Talk
Does all this talk of “affidavits” and “creditor periods” give you a headache? We understand. Inheriting land should be a blessing, but the paperwork often feels like a burden.
At Front Porch Land Group, we specialize in helping families navigate this exact situation. We are not lawyers, so we can’t give legal advice, but we are patient partners. We have bought land from dozens of families going through probate.
We can:
- Make you a cash offer now, even if probate isn’t finished.
- Wait patiently while the 4-month timeline ticks away.
- Connect you with affordable legal document professionals if you’re stuck.
We believe in making the process simple, fast, and dependable. If you want to know what your inherited land is worth today, give us a call. We’ll handle the stress so you can focus on your family.