How the 60-Day Waiting Period Works
A separate local probate process is not always required when a nonresident decedent had assets here. After 60 days from the date of death, anyone here who owes a debt to the estate or holds property belonging to the estate can turn it over directly to the foreign personal representative. The representative must provide proof of authority and a sworn affidavit confirming several key facts.
At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment and an affidavit.
A.R.S. § 14-4201The affidavit must state the date of death. It must confirm that no local administration is pending and that the foreign representative is entitled to receive the property. The representative should bring certified copies of their appointment documents from the state probate court that appointed them.
When Local Administration May Still Be Needed
This simplified delivery works well for liquid assets and straightforward debts. However, it does not cover real estate, which typically requires either local administration or a separate legal process. If a local creditor has claims against the estate, they may petition for ancillary probate to protect their interests.
This statute supplements other provisions in the law. It does not replace other methods for transferring property to a foreign representative. The probate process for an out-of-state estate can vary depending on what types of assets are involved and where the property is located.
For families navigating an out-of-state estate with local connections, understanding this 60-day pathway can avoid the time and expense of opening a second probate case. It is one of several tools available to help settle an estate efficiently across state lines.