Filing for Authority Over Local Property
Families dealing with conservatorship across state lines face a real challenge. How does the conservator from the home state manage property here? This statute gives a clear answer.
If no local conservator has been named and no case is pending, the out-of-state conservator can file certified copies of their papers with a court in the county where the property sits.
If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located certified copies of his appointment and of any official bond he has given.
A.R.S. § 14-5432Once the filing is done, the out-of-state conservator gains the same authority as a local one. They can manage, sell, or lease real estate and other assets. They can also bring or defend lawsuits in local courts.
Practical Limits to Keep in Mind
This authority only applies when there is no competing local case. If someone has already filed for a protective order locally, the out-of-state conservator cannot just step in.
For families with property in more than one state, this rule can save time and money. It avoids a second full court case. A bank holding local accounts can work with the out-of-state conservator once the certified copies are on file.