Who and What Is Covered
Arizona's estate and trust code applies broadly, but it has clear boundaries. If you live in Arizona, your estate falls under Title 14. If you live elsewhere but own property in Arizona, 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 within Arizona's borders.
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 in Arizona, that property may require a separate probate proceeding here, even if the primary estate is handled in another state. This is known as ancillary probate.
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 Arizona's 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. § 14-1301For Arizona residents with a straightforward estate, the territorial application is simple: Title 14 governs your affairs. For those with out-of-state property, business interests crossing state lines, or connections to tribal jurisdictions, knowing where Arizona's authority begins and ends helps set proper expectations for estate planning.