Phoenix Ancillary Probate Lawyer 

A respected probate attorney can help the personal representative of an estate outside Arizona administer the estate’s property located in Phoenix. We provide clients with multi-jurisdictional support in their estate and trust administration matters. Unlike most other probate attorneys, we take probate cases on a flat fee basis. This gives personal representatives transparency upfront on the cost of legal services for their probate and encourages an efficient administration of the estate.

Learn more about ancillary probates in Phoenix and how our lawyers can serve you in the process.

What Is Ancillary Probate?

Ancillary probate is a secondary estate administration process used to settle the distribution of assets located in a jurisdiction different the primary probate. In most cases, the primary probate will occur in the state where the deceased person resided or where the majority of their affairs took place. The most common need for an ancillary probate in Phoenix is for the administration of real property, such as a vacation or rental home, owned by a person in another state. However, ancillary probates may also be necessary to administer personal property located in Arizona. Examples of these items could include the following:

• Motor vehicles
• Collectibles
• Artwork
• Bank accounts
• Other financial or investment accounts
• Business ownership interests

Individuals who pass without a trust or other non-probate means of transferring assets will require the assistance of an ancillary probate lawyer in Phoenix to manage their distribution through the Arizona court system.

The Process for Administering an Ancillary Probate

Chapter 4 of Title 14 of the Arizona Revised Statutes governs the powers and process for foreign personal representatives in an ancillary probate. The personal representative or executor of the estate in a primary probate can file certified copies of their appointment and any official bond given to the county court under A.R.S. 14-4204. This gives the personal representative the same powers as a local personal representative to manage the assets located here as stated in A.R.S. 14-4205.

After establishing authority as a foreign personal representative, you can begin to distribute the property in Phoenix either under the terms of the decedent’s will or the intestate laws of Arizona. An ancillary probate lawyer can assist with future court filings and other steps to accomplish the administration of the estate. The steps involved in probate will vary from case to case depending on the assets, debts, and distribution scheme for the estate:

• Providing notice to any resident creditors
• Creating an account of all Phoenix assets and debts under the estate
• Notifying heirs about the estate administration
• Selling or transferring assets
• Paying creditors
• Making final distributions to all heirs under the estate

Another challenge in ancillary probate is determining the proper distribution of assets if the deceased person did not have a will. In these cases, the proceeds from an estate will transfer under the intestate laws of A.R.S. 14-2101. The heir(s) entitled to the estate could be different than the heirs of the primary probate because of differences in the intestate rules.

Meet with a Phoenix Ancillary Probate Attorney on Our Team

Each ancillary probate case is unique based on the ability of the personal representative, the complexity of the assets, and other circumstances of the estate. A Phoenix ancillary probate lawyer from the Dayes Law Firm can help you and your family administer the assets from a loved one’s estate which was located in a different state from where they resided. Schedule a free consultation with our office today.