Ancillary Probate

Ancillary Probate and Proof of Authority for Foreign Personal Representatives

Ancillary Probate occurs when probate proceedings are needed in more than one state. The primary probate proceeding generally occurs in the state where the individual passed away, with secondary proceedings in states where they owned real property. Ancillary probate can be a shorter process than primary probate, since it is only dealing with the property in that state.

If the person who died in another state has property in Arizona, it may be possible to collect and distribute that property without an ancillary probate. The personal representative or executor simply files a Proof of Authority and supporting documents with the appropriate county’s Superior Court to gain the authority necessary to act.

While this process is not uncommon, it can be rather complex and is subject to time limits. We assist clients in making sure the process proceeds smoothly, efficiently, and in a timely manner. If you’re dealing with an estate or inheritance in another state, we can help.

We can streamline the out-of-state probate process.