Ancillary Probate Administration and
Proof of Authority

What is Ancillary Probate?

Ancillary probate refers to a secondary probate proceeding that takes place in a state other than the deceased person’s primary state of residence. This process is typically necessary when a decedent owns property, such as real estate, in multiple states. Ancillary probate allows the out-of-state property to be distributed according to the will or state laws.

Often an individual owns property in Arizona while maintaining a formal residence elsewhere. At the time of death, this may require ancillary administration and probate for an out-of-state decedent. Ancillary administration is necessary because real estate must be probated in the state which it exists. Ancillary administration applies regardless of the value of the home and even where there is a probate proceeding that is administered in the home state of the person who has died.

When is Ancillary Probate Required?

Ancillary probate is required when:

• The deceased owned property, such as a vacation home, rental property, or land in a state different from their primary residence.
• The property cannot be transferred through other legal means, such as joint ownership, trusts, or beneficiary designations.
• Local laws necessitate a probate process to manage the distribution of assets within that state.

We Understand the Complexities of Ancillary Probate

At Kierman Law, we understand the complexities of ancillary probate and have extensive experience handling these matters efficiently. Our team will guide you through the process, helping to minimize costs and delays while ensuring that all legal requirements are met. We are dedicated to providing personalized, compassionate legal services for families during what can be a difficult time.

To take control over Arizona assets while a probate proceeding is underway in another state, Kierman Law can assist you with filing a Proof of Authority and Deed of Distribution. We have extensive experience with ancillary probate administration and can act on behalf of the out-of-state family. We can also handle the non-domiciliary administration in Arizona with the trust administration attorney who is dealing with the domiciliary probate in the decedent’s home state.

Kierman Law, PLC can help you all of your Arizona ancillary administration and probate issues. No matter where you live, if you have to deal with an asset that is located in Arizona, we can ensure that all details are handled in a proper manner.