{"id":512,"date":"2019-10-14T14:41:23","date_gmt":"2019-10-14T21:41:23","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=512"},"modified":"2022-11-14T16:03:31","modified_gmt":"2022-11-14T23:03:31","slug":"ancillary-probate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/ancillary-probate\/","title":{"rendered":"How Ancillary Probate Works in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

Ancillary probate is an additional probate process that is required when the deceased owns property or assets in multiple states upon time of death. It is important to note that the ancillary probate laws that apply to real estate property depend on where the estate is located, not where the state where the deceased person died.<\/p>\n

The most common reason that ancillary probate is necessary is because the deceased owned a vacation home in a different state. Ancillary probate also applies to other assets, such as vehicles titled in a different state or even livestock.<\/p>\n

Since ancillary probate is an additional probate process, to get a better understanding of how it works, we will first look at what probate is and what the process looks like.<\/p>\n

Probate in Arizona<\/h4>\n

Probate<\/a> is the legal process through which the estate (also referred to as assets) of a deceased person are distributed amongst their heirs and beneficiaries after any debts left by the deceased are paid off.<\/p>\n

Usually this process is controlled by a will and testament<\/a> that the deceased has filled out; the will and testament is a legally binding document which expressly states who gets what as well, as what should be done with the estate.<\/p>\n

Though it is extremely convenient and helpful to have a will and testament, having one doesn\u2019t mean that you will not be involved in the probate process. Regardless of having a will and testament or not, probate is required for the legal distribution of assets that do not automatically transfer.<\/p>\n

The Probate Process<\/h4>\n

The probate process<\/a> is:<\/p>\n

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  1. A family member, friend or even an attorney is appointed as the administrator of the will, in the will they will be referred to as the executor<\/i><\/a>.<\/li>\n
  2. The will must be validated by a probate court. This will be done by checking the dates, signatures as well as legitimacy of the notaries.<\/li>\n
  3. The deceased\u2019s property will be itemized as well as inventoried to ensure that nothing is stolen.<\/li>\n
  4. Properties and assets will be appraised.<\/li>\n
  5. All debts or taxes held by the deceased will be paid off by the selling of assets or property.<\/li>\n
  6. Once all debts\/taxes have been paid off, the remaining assets will be distributed according to the will(if there is one) or according to Arizona law<\/a>.<\/li>\n<\/ol>\n

    When Probate is Required in Arizona<\/h4>\n

    In Arizona, probate is only required when the assets of the deceased did not automatically transfer to their chosen recipients. Most assets in a will are transferred automatically however some assets such as a house or even a bank account are a little trickier and will require probate to transfer them from the deceased\u2019s name to the recipient\u2019s.<\/p>\n

    Assets such as the home or bank account are not automatically transferred upon someone\u2019s death, as the asset being transferred is legally titled in the deceased\u2019s name and a will does not have the power to automatically transfer ownership of all items to someone else. This means that even though a deceased person\u2019s will is valid and clearly states how their assets will be transferred, larger titled assets will require probate to transfer their ownership.<\/p>\n

    Probate is not required for the following examples:<\/h4>\n