Who and What Is Covered
The estate and trust code applies broadly, but it has clear boundaries. If you live here, your estate falls under Title 14. If you live elsewhere but own person property or real property in this state, that property is also subject to these laws. The same applies to trusts administered in the state and to proceedings involving incapacitated persons or minors.
Except as otherwise provided in this title, the title applies to: 1. The affairs and estates of decedents, missing persons and persons to be protected, domiciled in this state. 2. The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state.
A.R.S. § 14-1301(1)-(2)This is particularly important for people who own property in multiple states. If a nonresident owns real estate here, that property may require a separate probate process. This is known as ancillary probate. It applies to both formal probate and informal probate, and the superior court handles these proceedings.
Tribal Lands Are Excluded
The statute explicitly excludes property of Indians within tribal court jurisdiction and lands held in trust by the United States for Indians. Tribal nations operate under their own legal systems, and the probate code does not override that sovereignty.
This title does not apply to property of Indians within the jurisdiction of their tribal courts or to lands held in trust by the United States for Indians.
A.R.S. § 14-1301How the Probate Process Works Across State Lines
For residents with a straightforward estate, the territorial application is simple: Title 14 governs your affairs. For those with out-of-state property, the probate process may involve proceedings in more than one state. A deceased person who owned property here and in another state may need both a primary probate and an ancillary probate.
There are different types of probate available. Informal probate is handled without a court hearing, while formal probate involves a judge. Supervised probate gives the superior court ongoing control over the estate. Which type applies depends on the complexity of the estate and whether any disputes arise.
Understanding where these laws apply helps families of a deceased person set proper expectations. Knowing whether person property, real estate, or financial accounts fall under this state's jurisdiction is the first step in choosing the right probate process.