How the 60-Day Waiting Period Works
Arizona does not always require a separate local probate when a nonresident decedent had assets here. After 60 days from the date of death, anyone in Arizona 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 appointment 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, confirm that no local administration is pending in Arizona, and affirm that the foreign representative is entitled to receive the property. This process applies to personal property, debts, financial instruments, and stock held in Arizona.
When Local Administration May Still Be Necessary
This simplified delivery process works well for liquid assets and straightforward debts. However, it does not cover Arizona real property, which typically requires either local administration or a separate legal process. If an Arizona resident creditor has claims against the estate, they may petition for local administration to protect their interests.
This statute supplements other provisions in Arizona law. It does not replace other methods for transferring property to a foreign representative. For families navigating an out-of-state estate with Arizona connections, understanding this 60-day pathway can avoid the time and expense of opening a second probate case.