Proof of Authority
Additionally, we also receive many phone calls where a person’s parents or loved ones passed away in a jurisdiction outside of the State of Arizona, but owned a winter home or other property here. This unique situation may call for a legal process unfamiliar to many called a Proof of Authority.
A Proof of Authority is a statutory based mechanism whereby a “foreign” personal representative (foreign meaning, the personal representative was granted executorships powers in a State other than Arizona) may petition the Arizona probate court to exercise its foreign powers.
This process requires that an Arizona probate is not in existence nor is one pending, and that the person applying has already been appointed by a probate court in another state. This foreign personal representative then obtains a certified copy of his or her legal appointment from the probate court in the state that granted him or her powers and submits them to the Arizona probate court, along with an Arizona probate document titled “Proof of Authority”.
All normal filing fees are paid to the Arizona court, and upon acceptance, the court will approve the Proof of Authority, which will then need to be certified and subsequently recorded in the local county’s recorder’s office where the Arizona property is located. Upon these acts, the “domiciliary foreign Personal Representative” now has full rights and all powers of a local Personal Representative and may conduct estate business and transactions in the State of Arizona.
If you or anyone you know has died owning property in the State of Arizona, though not domiciled here, your need an experienced Arizona probate lawyer to help you. You can find us at www.AZLegal.com or call 480-833-1113 for help, guidance and legal representation with regards to either a local probate administration or preparing a Proof of Authority, granting a domiciliary foreign personal representative full rights to act in the State of Arizona.