How Arizona Handles a Nonresident's Estate
Many people own real property in Arizona while living in another state. When that person passes away, Arizona may open an ancillary probate for the local assets. Once those 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 simple: send the assets to the personal representative in the home state. That person then distributes everything to heirs and beneficiaries under the home state's laws and the will.
When Arizona Keeps the Assets
There are three exceptions. First, the will and choice-of-law rules may require distribution under Arizona law. Second, the Arizona personal representative may not find a home-state representative after a reasonable search.
Third, the court may order a different arrangement during a closing proceeding.
Why This Matters for Families
For families with a loved one who owned Arizona property but lived elsewhere, this statute clarifies the path forward. The probate process in Arizona handles local assets first. Bank accounts, real property, and other assets then transfer to the main proceeding in the home state.
A surviving spouse or other family member may need to work with representatives in both states. Proper planning, such as a funded living trust, can remove the need for ancillary probate. This cuts costs for everyone involved.