IS ARIZONA ANCILLARY PROBATE FOR PERSONAL PROPERTY NECESSARY?

— That depends on (a) whether domiciliary probate is required and (b) the value of the Arizona probate property; if there is a domiciliary probate, then usually the domiciliary executor can handle Arizona personal property (both tangible and intangible) unless Arizona litigation occurs (see also paragraph below); if there is no domiciliary probate, then an Arizona probate procedure is required, although it may be very simple for small value probate estates.

WHAT PROBATE IS REQUIRED IF THE NON-RESIDENT DECEDENT OWNS ONLY ARIZONA ANCILLARY PERSONAL (BOTH TANGIBLE AND INTANGIBLE) PROPERTY? – As indicated directly above, if an executor or personal representative is court appointed in the decedent’s domicile, then that personal representative can usually deal with Arizona custodians of the personal property using the domiciliary court’s appointment authority; however, if no domiciliary executor or personal representative is appointed, then (a) a SMALL PERSONAL PROPERTY PROBATE ESTATE procedure is available; namely, if there is no (court) probate proceeding pending in any jurisdiction (or a personal representative has been discharged and more than 1 year has passed since a closing statement has been filed), and the value of the non-resident decedent’s intangible or tangible personal property, wherever located, does not exceed $50,000 in value at death (less liens and encumbrances), then 30 days after the decedent’s death, payment may be made to the person claiming to be the decedent’s legal successor through presentment of a small estate affidavit, sometimes also known as an AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY; (b) for Arizona personal property assets in excess of $50,000 at the decedent’s death (less liens and encumbrances) informal or formal Arizona ancillary court proceedings are necessary.

Arizona’s Local and Ancillary Probate Lawyer

A wide range of legal services for Arizona residents are available in the planning, preserving, and administering trust, probate and conservatorship estates. Such planning and administration is designed to simplify property management including its transfer upon death as quickly and efficiently as possible. My goal with my all of my clients and legal professional associates is to explain the best way to manage these problems with a minimum of court involvement and expense.