How to manage estate administration when assets are located in multiple counties or jurisdictions in Arizona | Arizona Probate | FastCounsel
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How to manage estate administration when assets are located in multiple counties or jurisdictions in Arizona

Disclaimer: This article provides general information and is not legal advice. Consult an attorney for personalized guidance.

Detailed Answer

1. Understanding Venue in Arizona Probate

Arizona law governs where you open probate or ancillary proceedings when a decedent’s assets sit in more than one county or outside the state. Under A.R.S. § 14-3601, you file an original probate in the superior court of the county where the decedent was domiciled at death. If the decedent was not domiciled in Arizona, you file in the county where most estate property lies.

Link: A.R.S. § 14-3601

2. Original vs. Ancillary Administration

If the decedent died outside Arizona but owned Arizona property, you must open an ancillary probate here. Under A.R.S. § 14-3602, file that ancillary proceeding in the county with the greatest value of Arizona assets.

Link: A.R.S. § 14-3602

Within Arizona, you do not need separate probates in each county. A single original probate covers all in-state assets regardless of county location.

3. Administering Out-of-State Assets

For assets outside Arizona—real estate, bank accounts or securities—you generally open ancillary proceedings in each other jurisdiction. Each state sets its own venue rules and forms. Plan to:

  • Inventory and locate assets by jurisdiction.
  • Retain local counsel or use nationwide probate services.
  • Obtain certified copies of your Arizona letters testamentary for foreign courts.

4. Practical Steps to Manage Multi-Jurisdiction Estates

  1. Gather all estate documents: wills, trusts, deeds, bank statements.
  2. Identify domicile at death and asset locations.
  3. Open original probate in the correct Arizona county per A.R.S. § 14-3601.
  4. Open ancillary probate for non-Arizona assets in other states, when needed.
  5. Consider a revocable living trust to avoid ancillary probate on real estate.
  6. Coordinate distributions once you hold letters testamentary from each jurisdiction.

5. Hypothetical Scenario

Sarah, an Arizona resident, died owning a Scottsdale home (Maricopa County), a cabin in Flagstaff (Coconino County) and a rental condo in California. Sarah’s personal representative files original probate in Maricopa County under A.R.S. § 14-3601. That single probate covers both Arizona properties. The representative then opens ancillary probate in California to clear title on the condo and uses her Arizona letters to transfer the real estate there.

Helpful Hints

  • Use the small-estate affidavit (A.R.S. § 14-3971) for estates under $75,000 to speed transfer of personal property.
  • Keep detailed asset inventories with addresses, account numbers and value estimates.
  • Post bond in each jurisdiction only if required; bonds can vary by county and state.
  • Work with a probate attorney experienced in multi-state estates.
  • Review estate planning documents early to minimize ancillary probate needs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.