In some situations, probate proceedings can involve other states. For example, a resident in one state may invest in real estate or own personal property in another state, and appoint a personal representative to access it after they pass. This representative must petition the county where the decedent’s property is located for Proof of Authority.
The petition for Proof of Authority allows the representative to enjoin or otherwise intervene in the probate case in the decedent’s state of residence. To establish Proof of Authority in Phoenix probate, the decedent must also have appointed a personal representative from their home state. If they failed to appoint a representative, other procedures may be applicable.
Our dedicated probate attorneys are adept at handling multijurisdictional probate matters and are licensed to practice law in several other states. If you need legal counsel to advise you on probate matters, call our law firm today for assistance.
What Is Required for the Proof of Authority Petition?
According to Arizona Revised Statutes § 14-4204, the probate court requires additional documentation when filing a petition for Proof of Authority with the clerk of the Superior Court. Petitioners will need a certified copy of the Letters of Personal Representation from the state the decedent lived in, which must be certified within 60 days of filing. The court also needs either a copy of the will’s bond or a certified copy of the decedent’s will if they waived posting a bond.
If they approve it, the probate court will then issue a certified copy of Proof of Authority to the personal representative. The representative must then record the copy into the county probate records.
What Happens Once the Representative Has the Authority?
Once recorded, the personal representative assumes the duties of an in-state representative. They can transfer the property to the beneficiary by recording a Deed of Distribution, sell the property and deposit the sale price into an established estate account, or negotiate with the lender if the property has a mortgage that the beneficiary is not able to pay outright.
When probate courts in other states name a personal representative for property in the Phoenix area, the process of establishing Proof of Authority may seem daunting. Our attorneys understand the procedure and could assist with coordinating the transfer of property for any out-of-state decedents.
When An Out-of-State Decedent’s Estate Does Not Go Through Probate
Proof of Authority relies on the appointment of a personal representative by the out-of-state probate court, but if there is not one, then the court must follow other methods of property transfer. For example, a small estate does not have to undergo probate. In Arizona, an estate is small if it is real estate valued at less than $100,000; or if it is personal property valued under $75,000, but the decedent’s home state may apply different probate rules.
If an interested party is unable to enact Proof of Authority during probate in Phoenix, they can petition the court for an informal appointment as a personal representative. Once granted, the person will have the authority to transfer or sell the property. If the decedent did not own any other assets that are subject to probate in the state, an interested party can also file an Affidavit for Succession to Real Property. Limits to the value of the property also apply.
Call a Phoenix Attorney To Ease the Process of Obtaining Proof of Authority in Probate
When a decedent’s estate involves assets in two or more states, our law firm is your best choice for streamlining the process. We take probate cases for a flat fee, so you are never surprised by additional costs. If you are a personal representative in another state who wishes to file Proof of Authority in Phoenix probate, call now for assistance at any stage of the process.
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