Detailed Answer
This article explains how Arizona probate courts handle an out-of-state will and how long the admission process typically takes. This is an overview only and not legal advice.
Which Arizona court handles an out-of-state will?
If the decedent owned property in Arizona or was domiciled in Arizona at death, you file in the Superior Court in the county where the property or domicile is located. If the decedent was domiciled in another state but owned Arizona assets, you will usually open an ancillary probate in Arizona for those Arizona assets.
Will executed in another state — will Arizona accept it?
Arizona generally admits a will for probate if it is valid under the law of the place where it was executed or under Arizona law. Courts usually require the original will (or an authenticated copy and appropriate proof) and proof of death. For more on Arizona probate law, see the Arizona Revised Statutes, Title 14 (Probate and Trusts): https://www.azleg.gov/arsDetail/?title=14.
Typical timelines — what to expect
Timelines vary by county, case complexity, and whether the probate is contested. Typical ranges:
- Informal probate (uncontested, original will available): Often the fastest route. If you file a petition, provide the original will, and there are no objections, the court can appoint a personal representative in a few weeks to a few months. Many uncontested cases complete initial admission and appointment in roughly 4–12 weeks.
- Formal probate or probate with contests: If someone contests the will’s validity or disputes appointment, the case moves to a formal testacy proceeding. Formal proceedings commonly take several months to more than a year, depending on discovery, hearings, and appeals.
- Ancillary probate for Arizona assets when the decedent died elsewhere: If the primary probate happens in another state, opening ancillary probate in Arizona to clear title to Arizona assets can often be resolved in a few months if uncontested. Timing lengthens if the foreign probate is incomplete or if additional documentation is required.
What adds time?
- Missing original will or need to obtain authenticated copies from another state.
- Required notice periods to heirs and creditors and publication requirements set by law or local court rules.
- Contests over validity, undue influence, or capacity — these create litigation and substantially increase time and cost.
- Complex assets (real estate, business interests, out-of-state property) or unresolved debts and taxes.
- County-specific filing backlogs or judge availability can also affect scheduling.
Practical example (hypothetical)
Hypothetical: A person who lived in California died owning a home in Maricopa County, Arizona. The original will is in California and is valid under California law. The beneficiaries file for ancillary probate in Maricopa County and submit an authenticated California probate court order and the original will. If no one contests and the paperwork is complete, the Arizona court may admit the will and allow transfer of the Arizona real property within 6–12 weeks. If an interested party contests the will’s validity, the process could extend many months or longer.
Where to find Arizona forms and local procedures
Arizona’s court self-help pages provide probate filing instructions, local forms, and county contacts. Check the Arizona Judicial Branch’s probate resources: https://www.azcourts.gov/selfservice/Probate. Contact the Superior Court clerk in the relevant county for county-specific timelines and requirements.
When to get a lawyer
Consult a probate attorney if you face any of these situations: missing original will, an expected will contest, multiple jurisdictions, meaningful creditor claims, or complex assets. A lawyer can prepare filings correctly, help gather authenticated out-of-state documents, and shorten delays caused by procedural problems.
Disclaimer: This information is educational only and not legal advice. I am not a lawyer. For advice about a specific situation, speak with a licensed Arizona attorney.
Helpful Hints
- Locate and keep the original will. Courts prefer the original; it speeds admission.
- Obtain multiple certified copies of the death certificate before filing.
- If the original will is in another state, request an authenticated copy or a certified probate order from the other state’s court.
- Consider informal probate when the estate is uncontested — it’s usually faster and less expensive.
- Prepare a clear heir and asset list. Courts and some creditors will ask for complete information.
- File in the Arizona county where the real property is located or where the decedent was domiciled in Arizona.
- Check the local Superior Court probate webpage or call the clerk for county-specific filing timelines and required forms.
- If you expect a contest, get legal advice early. Early counsel can preserve evidence and deadlines.
- Keep all communications and documents (emails, letters, notarized affidavits) in one organized file to speed filings.