Where to Open Probate in Arizona When a Parent Dies Out of State

Quick answer: Under Arizona law, you generally open a primary probate in the decedent’s state of domicile. If the decedent owned property located in Arizona, you may need an ancillary probate or local appointment in Arizona just for those Arizona assets. Determining domicile (where the person legally lived) and locating Arizona assets are the two key factors that decide whether Arizona probate is required.

Detailed answer

This FAQ assumes you have a basic question: if a parent physically died in one state but was living or had connections to another state, should you open probate in Arizona? Below is an Arizona-focused explanation and practical steps you can follow.

1. Primary principle: domicile controls primary probate

States use the decedent’s legal domicile to decide where the main probate administration occurs. Domicile means the place the person considered their permanent home (physical presence plus an intent to remain). If the decedent’s legal domicile is outside Arizona, the primary probate normally occurs in that other state, not Arizona.

2. When Arizona probate (ancillary administration) becomes necessary

If the decedent owned property located in Arizona (for example, Arizona real estate, vehicles registered in Arizona, tangible personal property physically in Arizona, or bank accounts in Arizona), you can likely open a limited or ancillary probate in Arizona to transfer or manage those Arizona assets. Ancillary probate does not replace the primary probate in the state of domicile. Instead it handles only assets situate in Arizona.

3. How Arizona law treats out-of-state deaths

Arizona courts generally accept a personal representative or executor appointed by a court in another state, but that representative usually must obtain local recognition (ancillary appointment) in Arizona if they need to collect or transfer Arizona assets. Conversely, if the decedent was domiciled in Arizona at death, Arizona is the proper place for full probate administration regardless of where the death occurred.

4. Determining domicile (practical factors)

To decide domicile courts look at objective facts such as where the person:

• was registered to vote;
• had a driver’s license or state ID;
• filed state income tax returns;
• maintained the primary home or spent most time; and
• whether they expressed intent to remain or to move.

No single factor is dispositive. You collect the objective evidence and, if necessary, present it to the probate court to establish domicile.

5. Practical scenarios (hypotheticals)

Hypothetical A: Parent died in Virginia but lived and intended to reside in North Carolina (no Arizona ties). Under Arizona law, you generally would not open full probate in Arizona. If the parent had no property in Arizona, there is likely no Arizona probate needed.

Hypothetical B: Parent died while visiting Virginia, but the parent’s permanent home and the only real property were in Arizona. Arizona would be the correct place for primary probate because domicile and major assets are in Arizona.

Hypothetical C: Parent died domiciled in North Carolina but owned a house in Arizona. You would open primary probate in North Carolina and an ancillary probate in Arizona to deal with the Arizona house.

6. Steps to take now

1. Locate the decedent’s will (if any) and any estate planning documents.
2. Gather documents that show domicile (IDs, tax returns, driver’s license, lease or deed).
3. Inventory assets and note which assets are located in Arizona (land, accounts at Arizona banks, vehicles, personal property).
4. Contact the probate court in the state that was likely the decedent’s domicile; that court usually has primary jurisdiction.
5. If Arizona assets exist, consult an Arizona probate attorney about filing for an ancillary appointment in the appropriate Arizona county probate court.

7. Who to appoint / Who can act

The person named as executor in the will generally seeks appointment in the decedent’s domicile. If there is no will, state intestacy rules determine priority for the personal representative. Arizona will recognize an out-of-state personal representative when that person seeks limited authority in Arizona for local assets.

8. Timelines and costs

Timelines vary by state and by whether full administration or only ancillary administration is required. Ancillary probate in Arizona usually focuses only on local assets and tends to be faster and narrower than a full administration of an estate domiciled in Arizona. Costs depend on asset complexity, court filing fees, and whether you hire an attorney.

9. Arizona resources and statutes

For Arizona-specific rules and forms, consult Arizona probate resources and statutes:

• Arizona Courts – Probate self-help and forms: https://www.azcourts.gov/self-help/probate
• Arizona Revised Statutes, Title 14 (Probate & Trusts): https://www.azleg.gov/arsDetail/?title=14

Helpful Hints

• Preserve records that show where the decedent lived and intended to live—these help prove domicile.
• If the estate has small, low-value Arizona assets, ask about simplified or summary procedures to avoid full administration in Arizona.
• Do not sign documents or transfer real property until you are sure who is legally authorized to act—unsigned or improper transfers can cause liability.
• Contact the probate court clerk where the decedent was domiciled and the clerk in the Arizona county where the property is located—clerks can explain local filing requirements.
• Consider early contact with an attorney licensed in Arizona when Arizona property or claims are involved; ancillary matters raise procedural requirements unique to Arizona courts.
• If multiple states are involved, you may need counsel in more than one state. Coordination helps reduce duplicate filings and inconsistent orders.

Disclaimer: This article explains general Arizona probate principles and is educational only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Arizona attorney.