An “ancillary” probate is the probate of assets in a state other than the state in which the person was domiciled at the time of death. For example, if a person lives in Illinois and has property in Arizona, the probate proceeding in Arizona would be known as an ancillary probate.
Often, it is possible for the personal representative (executor) to obtain the right to deal with property located in Arizona in a summary, or expedited manner. This is done by properly filing and processing proof of authority and proof of bond.
If a person dies owning any property located in Arizona, including real estate, bank accounts, etc, but the person lived outside of Arizona, we can assist the family members to see that the property located in Arizona is properly administered and distributed to the proper heirs or beneficiaries. To determine if ancillary probate administration is necessary, answer these questions:
Was the decedent domiciled in some state other than Arizona?
Did the decedent own real or personal property in Arizona?
Is the decedent’s personal property, wherever located, worth fifty thousand dollars ($50,000.00) or more?
Is the decedent’s real property, wherever located, worth seventy-five thousand dollars ($75,000.00) or more?
Has a personal representative (executor) been appointed in a state other than Arizona?
Has the personal representative been discharged or has it been more than a year since the Closing Statement was filed?
To use the expedited procedure we need the following:
Certified copy of the appointment and
Certified copy of any official bond that has been given and if no bond has been posted then a certified copy of the proof that no bond was required and
Signed Fee/Representation Agreement and necessary fees.
Contact us to start the process of an ancillary probate.