When Two States Claim the Same Decedent
People who split time between Arizona and another state sometimes leave an open question: where was home? If family members or representatives file probate in both states, the courts need a rule for deciding which proceeding takes priority.
If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere.
A.R.S. § 14-3202The rule is straightforward: whichever state's proceeding was filed first gets priority. If the other state filed before Arizona, Arizona's court must step aside. If Arizona filed first, the proceeding here continues.
Why Domicile Matters in Probate
Domicile determines which state's probate court has primary jurisdiction over the estate. It affects which laws govern the will's validity, how the personal representative is appointed, and how assets are distributed. For people who own property in multiple states, the domicile question can also determine whether ancillary probate is needed elsewhere.
This statute protects families from the confusion and expense of two competing probate proceedings. Once the first-filed court determines domicile, Arizona must accept that determination. A clear estate plan that identifies domicile and uses tools like a living trust can reduce the risk of conflicting claims entirely.