Chapter Four: Foreign Personal Representative
Foreign personal representation occurs when the personal representatives of a decedent who either died in Arizona or at the time of death assets of their estate was situated therein, do not reside in Arizona. Such out-of-state executors may conduct business in Arizona in the same way the local administrators would.
Foreign personal representatives are vested with the same powers as would be to the local administrators and are subject to duties in equal measure. Therefore, they may exercise all authority of a local personal representative and may maintain actions and proceedings in Arizona with respect to the estate in question subject to any conditions imposed upon nonresident parties generally.
Such powers shall only accrue to foreign personal representatives in the absence of a local administration or a pending petition. Nevertheless, the court may grant limited powers in the interest of preserving the estate.
In addition, a foreign personal representative is amenable to the jurisdiction of the courts in Arizona to the same extent as his decedent was preceding death. Furthermore, Arizona courts have jurisdiction over him personally as pertains to filing of certified copies and bonds during petitioning; receiving of money and taking delivery of property and in relation of any act as an individual which would warrant the state’s court’s jurisdiction over him.
Service of process on foreign personal representatives may be actualized by a registered mail addressed to his last reasonably determinable address requesting a return receipt only signed by the addressee. Substituted service permitted by the state’s law is sufficient after which, the administrators have thirty days to make appearance.
Finally, a local personal representative is bound by any adjudication rendered against or in favor of any personal representative of the estate as if he was party to such adjudication.
Chapter Ten: Uniform Disclaimer of Interests
The Uniform Disclaimer of Property Interests Act enshrines clear-cut tax-sensitive regulations governing refusals to agree to conveyance of property by endowment or bequest, and categorizes who takes in the event of repudiation. The Act explicitly permits trustees and other fiduciaries to employ the execution of disclaimers against powers of appointment.
This Act vests in the beneficiaries of whatever estates broad powers to partly or wholly repudiates any such interests in, including the power of appointment regardless of whether the interest is vested in interest or possession. This power is exercisable the creator having imposed a spindrift clause or other such limitations on the right to disclaim notwithstanding. According to the Act, a disclaimer must be in writing, unequivocally describing the interest or power so disclaimed and signed by the executioner.
Execution of a disclaimer renders the interests in question void ab initio. That is, to the effect that the interest had never been granted in the first place. According to section 6, the repudiation of interest is effective as of the time of the decedent’s death.
Furthermore, it states that unfair and inequitable distributions of interests must be evaded when disclaimers are used. Section 8 of the Act precludes from being a trust property, a disclaimed interest in property that would otherwise have become trust property.
In conclusion, a disclaimer is barred by a written waiver of the right to disclaim and upon any actions that by the disclaimant that may be deemed by the court to amounting to a waiver of the right to disclaim taking into consideration specific circumstances of each case.
