ANCILLARY PROBATE
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 Agreement and necessary
fees.
For
probate assistance in Arizona, call us at 928/445-3230 or
click
here
to
contact us.
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