ARIZONA ANCILLARY PROBATE

An Arizona (AZ) “ancillary” probate is a probate proceeding in Arizona when the person who died lived in some other state at the time of death. For example, if a person lives in Illinois and has property in Arizona, the probate proceeding in AZ would be known as an Ancillary Probate proceeding.

Often, it is possible for the personal representative (executor) to obtain the right to deal with property located in AZ in a summary, or expedited manner. This is done by properly filing and processing proof of authority and proof of bond.

If a person dies owning any property located in AZ, including real estate, bank accounts, etc, but the person lived outside of AZ, we can assist the family members to see that the property located in AZ is properly administered and distributed to the proper heirs or beneficiaries. To determine if ancillary probate administration is necessary, answer these questions:

Was the decedent domiciled in some state other than AZ?

Did the decedent own real or personal property in AZ?

Is the decedent’s personal property, wherever located, worth fifty thousand dollars ($50,000.00) or more?

Is the decedent’s real property, wherever located, worth seventy-five thousand dollars ($75,000.00) or more?

Has a personal representative (executor) been appointed in a state other than AZ?

Has the personal representative been discharged or has it been more than a year since the Closing Statement was filed?

To use the expedited procedure we need the following:

Certified copy of the appointment and Certified copy of any official bond that has been given and if no bond has been posted then a certified copy of the proof that no bond was required and

Signed Fee/Representation Agreement and necessary fees.