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A.R.S. § 14-4101

Key Definitions for Out-of-State Estate Administration in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

When a person who lived in another state owned property or had debts in Arizona, specific legal terms govern how their estate is handled here. This statute defines local administration, local personal representative, and resident creditor for the chapter covering out-of-state estates.

Title 14, FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

azleg.gov

Why These Definitions Matter

Arizona's probate code includes an entire chapter dedicated to estates of people who died while living in another state. Before diving into those rules, the law establishes three key terms that shape how out-of-state estate matters are handled in Arizona courts.

"Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 3.

A.R.S. § 14-4101(1)

Local administration refers to a full probate proceeding opened in Arizona, even when the deceased person lived elsewhere. This typically happens when the out-of-state decedent owned Arizona real estate or had significant assets here that require court supervision.

Local Representatives and Resident Creditors

A local personal representative is someone appointed through Arizona's courts to manage the estate's Arizona assets. This is distinct from a foreign personal representative, who was appointed in the state where the deceased person lived. The two roles can overlap if the foreign representative also qualifies to act in Arizona under Section 14-4205.

"Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a nonresident decedent.

A.R.S. § 14-4101(3)

The resident creditor definition is broad. It covers anyone living in Arizona or doing business here who has a potential claim against the out-of-state estate. This protects Arizona-based creditors by giving them standing to seek local administration if the foreign personal representative does not adequately address their claims.

14-4101. Definitions In this chapter, unless the context otherwise requires: 1. "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 3. 2. "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 14-4205. 3. "Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a nonresident decedent.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

What is probate, and how long does it take in Arizona?

Probate is a court-supervised process that validates a will, pays debts, and distributes assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000 in fees.

Can I avoid probate in Arizona?

Yes. You can avoid probate in Arizona using a Revocable Living Trust, beneficiary designations, joint tenancy, beneficiary deeds, or the Small Estate Affidavit process for qualifying estates.

Related Statutes

§ 14-4201Delivering Arizona Property to an Out-of-State Personal Representative
§ 14-4202Payment or Delivery Discharges for Foreign Personal Representatives
§ 14-4203Resident Creditor Notice: Blocking Payment to a Foreign Personal Representative
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