How Arizona Handles a Nonresident's Estate
Arizona is home to many people who maintain property here while living in another state. When that person passes away, Arizona may open an ancillary probate for the local assets. Once the Arizona proceedings wrap up, this statute directs what happens next.
The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent.
A.R.S. § 14-3816The default rule is straightforward: send the assets to the personal representative in the home state. That person handles the final distribution to heirs and beneficiaries according to the domiciliary state's laws and the terms of the will.
When Arizona Keeps the Assets
There are three exceptions where Arizona does not transfer assets to the home-state representative. First, if the will and applicable choice-of-law rules require distribution under Arizona law rather than the domicile state. Second, if the Arizona personal representative cannot locate a domiciliary personal representative after reasonable inquiry. Third, if the court orders a different arrangement during a closing proceeding.
For families with a loved one who owned Arizona property but lived elsewhere, this statute clarifies the path forward. The Arizona ancillary probate handles local assets, then transfers them to the main estate proceeding. Proper planning, including a funded living trust that covers out-of-state property, can often eliminate the need for ancillary probate altogether.
