An “ancillary probate” is the administration of probate assets located and held in a state (or foreign country) where the decedent does not reside.
The most common type of scenario that requires an ancillary probate is when a non-residence decedent owns real property in another state. This situation is very common here in Arizona as many non-residents have purchased homes in Arizona for the winter months (commonly referred to as “snow bird”). However, Arizona laws have provided a simplified and streamlined method of transferring the ownership of the non-residence decedent’s Arizona probate assets without having to file an ancillary probate. If a domiciliary personal representative is appointed to serve in the decedent’s domiciliary (home) state, such domiciliary personal representative may file a Proof of Authority with the Arizona court. This Proof of Authority enables the domiciliary Personal Representative to collect, transfer or sell the Arizona probate asset without any further court filings.
Laura Morrison Trujillo