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A.R.S. § 14-4206

Local Admin Override of Foreign Rep

Verified April 4, 202657th Legislature, 1st Regular Session

A foreign personal representative's authority in Arizona ends when someone files for local administration. However, anyone who relied on that authority before learning about the local filing is protected. The local representative then takes over all existing duties.

Title 14, FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

azleg.gov

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 for local administration in Arizona, the foreign representative's power ends. The local court takes over from that point.

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. § 14-4206

There is a safety valve. The local court can grant the foreign representative limited authority to protect estate assets during the handoff. This prevents property from being neglected while the local process moves forward.

Protecting People Who Relied on the Foreign Representative

Transitions create risk. Someone may have made a payment or delivered property based on the foreign representative's authority. They may not have known about the local filing.

This statute protects those people. If they acted in good faith and had no actual notice, 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. § 14-4206

The local representative takes over all duties that built up while the foreign representative was acting. They can also step into any legal proceedings already started. This keeps estate management on track during the transition.

14-4206. Power of representatives in transition The power of a domiciliary foreign personal representative under section 14-4201 or section 14-4205 shall be exercised only if there is no administration or application therefor pending in this state. 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. 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. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.

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.

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