Filing in the Right County
Probate proceedings in Arizona must be filed in the correct county. The rules are straightforward for most families. If the person who passed away was domiciled in Arizona, the case is filed in the county where they lived at the time of death.
Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: 1. In the county where the decedent had his domicile at the time of his death. 2. If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death.
A.R.S. § 14-3201(A)For people who lived outside Arizona but owned property here, probate can be filed in any Arizona county where the property was located. This often comes up with families who have vacation homes or investment properties in the state.
What Happens After the First Filing
Once the initial proceeding is filed, all subsequent proceedings in that estate stay in the same court. The case does not bounce between counties. However, if the first proceeding was informal and the venue turns out to be wrong, an interested person can ask the court to transfer the case to the correct county.
The statute also addresses how to determine where specific types of assets are "located" for venue purposes. A debt is located where the debtor resides. Commercial paper and investment instruments are located wherever the physical instrument is held. An interest in a trust is located wherever the trustee can be sued.
For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary, is located where the debtor resides.
A.R.S. § 14-3201(D)These rules help prevent disputes about where a case should be heard and give families clarity about which court has jurisdiction over the estate.
