USA Statutes : arizona
Title : Trusts, Estates and Protective Proceedings
Chapter : FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION
14-4101 Definitions
In this chapter, unless the context otherwise requires:
1. "Local administration" means administration by a personal representative
appointed in this state pursuant to appointment proceedings described in chapter 3.
2. "Local personal representative" includes any personal representative appointed
in this state pursuant to appointment proceedings described in chapter 3 and excludes
foreign personal representatives who acquire the power of a local personal representative
pursuant to section 14-4205.
3. "Resident creditor" means a person domiciled in, or doing business in this
state, who is, or could be, a claimant against an estate of a nonresident decedent.
14-4201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
At any time after the expiration of sixty days from the death of a nonresident
decedent, any person indebted to the estate of the nonresident decedent or having
possession or control of personal property, or of an instrument evidencing a debt,
obligation, stock or chose in action belonging to the estate of the nonresident decedent
may pay the debt, deliver the personal property, or the instrument evidencing the debt,
obligation, stock or chose in action, to the domiciliary foreign personal representative
of the nonresident decedent upon being presented with proof of his appointment and an
affidavit made by or on behalf of the representative stating:
1. The date of the death of the nonresident decedent.
2. That no local administration, or application or petition therefor, is pending in
this state.
3. That the domiciliary foreign personal representative is entitled to payment or
delivery.
The provisions of this section are in addition to, and are not exclusive of, any
other provision of law permitting payment of an obligation or delivery of property to a
domiciliary foreign personal representative.
14-4202 Payment or delivery discharges
Payment or delivery made in good faith on the basis of the proof of authority and
affidavit releases the debtor or person having possession of the personal property to the
same extent as if payment or delivery had been made to a local personal representative.
14-4203 Resident creditor notice
Payment or delivery under section 14-4201 may not be made if a resident creditor of
the nonresident decedent has notified the debtor of the nonresident decedent or the
person having possession of the personal property belonging to the nonresident decedent
that the debt should not be paid nor the property delivered to the domiciliary foreign
personal representative.
14-4204 Proof of authority and bond
If local administration, application or petition is not pending in this state, a
domiciliary foreign personal representative may file with a court in this state in a
county in which property belonging to the decedent is located certified copies of the
appointment and of any official bond that has been given.
14-4205 Powers
A domiciliary foreign personal representative who has complied with section 14-4204
may exercise as to assets in this state all powers of a local personal representative and
may maintain actions and proceedings in this state subject to any conditions imposed upon
nonresident parties generally.
14-4206 Power of representatives in transition
The power of a domiciliary foreign personal representative under section 14-4201 or
section 14-4205 shall be exercised only if there is no administration or application
therefor pending in this state. An application or petition for local administration of
the estate terminates the power of the foreign personal representative to act under
section 14-4205, but the local court may allow the foreign personal representative to
exercise limited powers to preserve the estate. No person who, before receiving actual
notice of a pending local administration, has changed his position in reliance upon the
powers of a foreign personal representative shall be prejudiced by reason of the
application or petition for, or grant of, local administration. The local personal
representative is subject to all duties and obligations which have accrued by virtue of
the exercise of the powers by the foreign personal representative and may be substituted
for him in any action or proceedings in this state.
14-4207 Ancillary and other local administrations; provisions governing
In respect to a nonresident decedent, the provisions of chapter 3 of this title
govern both:
1. Proceedings, if any, in a court of this state for probate of the will,
appointment, removal, supervision and discharge of the local personal representative, and
any other order concerning the estate.
2. The status, powers, duties and liabilities of any local personal representative
and the rights of claimants, purchasers, distributees and others in regard to a local
administration.
14-4301 Jurisdiction by act of foreign personal representative
A. A foreign personal representative submits personally to the jurisdiction of the
courts of this state, in any proceeding relating to the estate, by any of the following:
1. Filing certified copies of appointment as provided in section 14-4204.
2. Receiving payment of money or taking delivery of personal property under section
14-4201.
3. Doing any act as a personal representative in this state which would have given
the state jurisdiction over him as an individual.
B. Jurisdiction established pursuant to subsection A, paragraph 2 of this section
is limited to the money or value of personal property collected.
14-4302 Jurisdiction by act of decedent
In addition to jurisdiction conferred by section 14-4301, a foreign personal
representative is subject to the jurisdiction of the courts of this state to the same
extent that his decedent was subject to jurisdiction immediately prior to death.
14-4303 Service on foreign personal representative
A. Service of process may be made upon the foreign personal representative by
registered or certified mail, addressed to his last reasonably ascertainable address,
requesting a return receipt signed by addressee only. Notice by ordinary first class
mail is sufficient if registered or certified mail service to the addressee is
unavailable. Service may be made upon a foreign personal representative in the manner in
which service could have been made under other laws of this state on either the foreign
personal representative or his decedent immediately prior to death.
B. If service is made upon a foreign personal representative as provided in
subsection A, he shall be allowed at least thirty days within which to appear or respond.
14-4401 Effect of adjudication for or against personal representative
An adjudication rendered in any jurisdiction in favor of or against any personal
representative of the estate is as binding on the local personal representative as if he
were a party to the adjudication.
