Proof Of Authority

MOHAVE COUNTY PROOF OF AUTHORITY INFORMATION: This form provides a method for obtaining possession of personal property or transferring Arizona real property of a non-Arizona resident decedent, without commencing an ancillary probate or appointment proceeding. A.R.S. § 14-4204 requires that certified copies of the appointment of the foreign personal representative, letters of appointment and any official bond required by Chapter 3 of the Probate Code, be filed with the Clerk of Superior Court. The Proof of Authority shall also be filed with the aforementioned documents. It should be noted that if the will waives the bond, or at least the bond with respect to Arizona assets, no bond would be required. However, if bond is required, the amount of the bond must equal the value of all property of the decedent in Arizona OR the amount of bond posted in the state of domicile of the decedent. Once the foreign personal representative has complied with A.R.S. § 14-4204, he/she may exercise, as to assets in Arizona, all powers of a local personal representative without further appointment and may maintain actions and proceedings in this state, subject to any conditions generally imposed upon non-resident parties. A.R.S. § 14-4205 The power described above may be exercised only if no administration or application therefore is pending in this state. An application or petition for local administration in Arizona terminates the power of the foreign personal representative to act under A.R.S. § 14-4205, except as otherwise provided in A.R.S. § 14-4206, which also sets forth additional exceptions which apply to these procedures. You must pay a filing fee and a certification fee upon filing the Proof of Authority. Please refer to our fee schedule at www.mohavecourts.az.gov. Please mail the original and one copy of each of the following documents along with two separate checks (you may call the Recorder to find out what their filing fee is at 928-753-0701) to: Clerk of Superior Court, PO Box 7000, Kingman, AZ 86402: · · · · · Proof of Authority Certified copy of Letter of Appointment Certified copy of Bond (if one was posted) Check for the Filing Fee made payable to: Clerk of Superior Court Check for the Recording Fee made payable to: Mohave County Recorder IMPORTANT INFORMATION, READ CAREFULLY After the documents are received and filed in with the Clerk of Superior Court, the certified copy and the Recorder's check will be sent to the Recorder for recording. After this process is complete, it is your responsibility to prepare a Deed to transfer the property title. If you are unsure how to proceed, you may want to seek legal advice. The property title will not be transferred until there is a Deed recorded to transfer the property title. Revised: 1/11/2012 American LegalNet, Inc. www.FormsWorkFlow.com Name of Person Filing: ________________________________________ Mailing Address: ________________________________________ City, State, and Zip Code: ________________________________________ Day/Evening Phone Number: ________________________________________ Representing Self without an attorney For Clerk's Use Only SUPERIOR COURT OF ARIZONA MOHAVE COUNTY In the Matter of the Estate of: Case Number: ________________________ PROOF OF AUTHORITY _______________________________________ Deceased Pursuant to A.R.S. §14-4204, the undersigned, _________________________________ hereby alleges as follows: 1. The name, address and daytime telephone number of the domiciliary foreign Personal Representative is: ________________________________________ ________________________________________ ________________________________________ Daytime number: 2. ________________________________________ That the undersigned is the domiciliary foreign Personal Representative for the above Estate in the State of ______________________________. A certified copy of the undersigned's Appointment and/or Letter of Appointment is/are attached hereto and filed herewith. 3. 4. That no local Administration or Application or Petition therefore is pending in this State. A. That the undersigned files no bond herewith, as the requirement for bond has been: (Check one, only if it applies to you) waived by the Will. A copy of the Will is filed herewith. waived by all of the heirs and devisees. Copy(ies) of waiver(s) is/are filed herewith. waived by Court Order B. That pursuant to A.R.S. §§14-4204 and 14-3604, the undersigned files a certified copy of the official bond given in the domiciliary state. (Check only if filing a certified copy of the bond.) 5. That the undersigned domiciliary foreign Personal Representative files this Proof of Authority for the purpose of exercising all powers of a local Personal Representative as to assets in this state. Revised: 1/11/2012 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Case No._____________________________ DATED this ________________ day of ______________________. 20 ________. __________________________________________________ Signature of Personal Representative ______________________________________________ Printed Name OATH AND VERIFICATION STATE OF ARIZONA County of Mohave ) ) ss. ) I, ____________________________________, being duly sworn and under oath, state that I am the domiciliary Personal Representative, that the statements made in this Proof of Authority are accurate and complete to the best of my knowledge and belief. SUBSCRIBED AND SWORN TO before me this _____________ day of _______________, 20______, by ____________________________________. My Commission Expires:__________________________ _____________________________________ Notary Public / Deputy Clerk Revised: 1/11/2012 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com