When Local Administration Takes Priority
A foreign personal representative can manage Arizona assets under A.R.S. 14-4201 or 14-4205, but that authority is not permanent. As soon as someone files an application or petition for local administration in Arizona, the foreign representative's power under section 14-4205 ends. The local court takes over.
An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 14-4205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.
A.R.S. § 14-4206There is a practical safety valve built into this rule. The local court can grant the foreign representative limited authority to preserve estate assets during the transition. This prevents property from being neglected or lost while the local appointment process moves forward.
Protecting People Who Relied on the Foreign Representative
Transitions create risk. Someone may have made a payment, delivered property, or taken action based on the foreign representative's authority before learning that a local administration was filed. This statute protects those people. If they acted in good faith and without actual notice of the local filing, they are not penalized.
No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration.
A.R.S. § 14-4206Meanwhile, the local personal representative inherits all duties and obligations that accrued while the foreign representative was acting. They can also be substituted into any legal proceedings the foreign representative had started. This ensures continuity and prevents gaps in estate management during the handoff.