When Another State Has Already Decided
People move. They own property in multiple states. They may have family in Arizona but legal residence elsewhere. When a person passes away and a court in another state has already determined whether a valid will exists, Arizona law respects that decision rather than relitigating the same question.
A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made.
A.R.S. § 14-3408This principle prevents conflicting court orders across state lines. Without it, heirs could potentially forum-shop, seeking a more favorable ruling in a different state after losing in the first one.
The Two Requirements for Recognition
Arizona does not blindly defer to another state's courts. The statute sets two conditions. First, the other state's proceeding must have included proper notice to all interested persons and given them a genuine opportunity to contest. If someone was left out of the process, Arizona is not bound by the result.
Second, the order must include or be based on a finding that the deceased was domiciled in that other state at the time of death. Domicile is the key factor. It determines which state has primary jurisdiction over the estate. If someone lived in Arizona but the case was filed elsewhere, Arizona courts are not required to accept that order.
For families with connections to multiple states, this statute highlights why establishing clear legal domicile matters. It determines which state's courts have the final word on your will.
