A.R.S. § 14-3935 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3935
14-3935 Limitations on proceedings against personal representative
Status: in_force

14-3935. Limitations on proceedings against personal representative

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims against the personal representative for breach of fiduciary duty have not otherwise been barred are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation or inadequate disclosure related to the settlement of the decedent's estate.
A.R.S. § 14-11013 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11013
14-11013 Certification of trust
Status: in_force

14-11013. Certification of trust

A. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

1. That the trust exists and the date the trust instrument was executed.

2. The identity of the settlor.

3. The identity and address of the currently acting trustee.

4. The powers of the trustee.

5. The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

6. The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee.

7. The manner of taking title to trust property.

B. A certification of trust may be signed or otherwise authenticated by any trustee.

C. A certification of trust must state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

D. A certification of trust need not contain the dispositive terms of a trust.

E. A recipient of a certification of trust, acting in good faith, may require the trustee to furnish copies of those excerpts from the trust instrument that designate the trustee and confer on the trustee the power to act in the pending transaction.  A person may not require the trustee to furnish copies of excerpts from the trust instrument that contain dispositive terms of the trust or provisions on named successor trustees unless the person first provides the trustee with a verified statement that states a reasonable basis for the request.

F. A person who acts in reliance on a certification of trust without actual knowledge that the representations contained in the certification of trust are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification of trust.  Actual knowledge of the terms of the trust shall not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying on the certification of trust or by the employees of the person relying on the certification of trust if the person is an entity or organization that conducts activities through employees.

G. A person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

H. A person making a demand for the trust instrument or excerpts from the trust instrument in addition to a certification of trust is liable for damages, costs, expenses and attorney fees if the court determines that the person did not act in good faith or did not otherwise comply with subsection E of this section in demanding the trust instrument.

I. This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust instrument or excerpts from the trust instrument.
A.R.S. § 14-5313 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5313
14-5313 Proceedings subsequent to appointment; venue
Status: in_force

14-5313. Proceedings subsequent to appointment; venue

A. The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed, over resignation, substitution, accounting and other proceedings relating to the guardianship including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed.

B. If the court located at the place where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court shall determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interests of the ward. A copy of any order accepting a resignation, substituting a guardian or altering authority shall be sent to the court in which acceptance of appointment is filed.
A.R.S. § 14-7671 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7671
14-7671 Applicability
Status: in_force

14-7671. Applicability

This article applies to a transfer within the scope of section 14-7652 made after its effective date if either of the following is true:

1. The transfer purports to have been made under the Arizona uniform gifts to minors act.

2. The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Arizona uniform gifts to minors act" or "as custodian under the uniform transfers to minors act" of any other state and the application of this article is necessary to validate the transfer.
A.R.S. § 14-3809 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3809
14-3809 Secured claims
Status: in_force

14-3809. Secured claims

Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security, otherwise payment is upon the basis of one of the following:

1. If the creditor exhausts his security before receiving payment, unless precluded by other law, upon the amount of the claim allowed less the fair value of the security.

2. If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.
A.R.S. § 14-3105 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3105
14-3105 Proceedings affecting devolution and administration; jurisdiction of subject matter
Status: in_force

14-3105. Proceedings affecting devolution and administration; jurisdiction of subject matter

A. Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article.

B. The court may hear and determine any matter affecting the administration and distribution of decedents' estates after notice to interested persons in conformity with section 14-1401 and only in a formal proceeding. Persons notified are bound though less than all interested persons may have been given notice.

C. The court has general jurisdiction that it may exercise in a formal proceeding in any other action or proceeding concerning succession or to which an estate, through a personal representative, may be a party, including:

1. Actions to determine title or to quiet title to property alleged to belong to the estate.

2. Actions for personal injury and wrongful death.

3. Actions to quiet title of property that belongs to the estate.

4. Actions against third parties to recover estate assets.

5. Any action or proceeding in which property distributed by a personal representative or its value is sought to be subjected to rights of creditors or successors of the decedent.
A.R.S. § 14-2106 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2106
14-2106 Passing of estate by representation; assigning of shares; definitions
Status: in_force

14-2106. Passing of estate by representation; assigning of shares; definitions

A. If under section 14-2103, paragraph 1 all or part of a decedent's intestate estate passes by representation to the decedent's descendants, that estate is divided into as many equal shares as there are surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.

B. If under section 14-2103, paragraph 3 or 4 all or part of a decedent's intestate estate passes by representation to the descendants of either of the decedent's deceased parents or to the descendants of either of the decedent's deceased paternal or maternal grandparents, all or part of the estate is divided into as many equal shares as there are surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.

C. For the purposes of this section:

1. "Deceased descendant", "deceased parent" or "deceased grandparent" means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under section 14-2104.

2. "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 14-2104.
A.R.S. § 14-3933 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3933
14-3933 Closing estates; statement of personal representative
Status: in_force

14-3933. Closing estates; statement of personal representative

A. Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than four months after the date of original appointment of a general personal representative for the estate a verified statement stating that the personal representative, or a previous personal representative has:

1. Determined that the time limit for presentation of creditors' claims has expired.

2. Fully administered the estate of the decedent by making payment, settlement or other disposition of all claims that were presented, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements that have been made to accommodate outstanding liabilities.

3. Sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected thereby.

B. If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.
A.R.S. § 14-5412 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5412
14-5412 Terms and requirements of bonds
Status: in_force

14-5412. Terms and requirements of bonds

A. The following requirements and provisions apply to any bond required under section 14-5411:

1. Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other.

2. By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party respondent. Notice of any proceeding shall be delivered to the surety or mailed by certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.

3. On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.

4. The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

B. No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
A.R.S. § 14-10404 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10404
14-10404 Trust purposes
Status: in_force

14-10404. Trust purposes

A trust may be created only to the extent that its purposes are lawful, not contrary to public policy and possible to achieve.  A trust and its terms must be for the benefit of its beneficiaries.
A.R.S. § 14-3717 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3717
14-3717 Co-representatives; when joint action required
Status: in_force

14-3717. Co-representatives; when joint action required

If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co-representative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
A.R.S. § 14-6102 — Arizona Code / Title 14 / Chapter 6 / Article 1 / Section 6102
14-6102 Nonprobate transferees; liability for creditor claims and statutory allowances
Status: in_force

14-6102. Nonprobate transferees; liability for creditor claims and statutory allowances

A. Except as otherwise provided by law, a transferee of a nonprobate transfer is subject to liability to the decedent's probate estate for allowed claims against the decedent's probate estate and statutory allowances to the decedent's spouse and children to the extent the decedent's probate estate is insufficient to satisfy those claims and allowances.  The liability of a nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by that transferee.

B. Nonprobate transferees are liable for the insufficiency described in subsection A of this section in the following order:

1. As provided in the decedent's will or any other governing instrument.

2. To the extent of the value of the nonprobate transfer received or controlled by the trustee of a trust serving as the principal nonprobate instrument in the decedent's estate plan as shown by its designation as devisee of the decedent's residuary estate or by other facts or circumstances.

3. Other nonprobate transferees, in proportion to the values received.

C. Unless otherwise provided by the trust instrument, interests of beneficiaries in all trusts that incur liabilities under this section abate as necessary to satisfy the liability as if all of the trust instruments were a single will and the interests of beneficiaries were devises under it.

D. A provision made in one instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument.  If a provision in one instrument conflicts with a provision in another instrument, the later instrument prevails.

E. On due notice to a nonprobate transferee, the liability imposed by this section is enforceable in proceedings in this state, wherever the transferee is located.

F. A proceeding under this section may not be commenced unless the personal representative of the decedent's estate has received from the surviving spouse or a child to the extent that statutory allowances are affected, or from a creditor, a written demand for the proceeding.  If the personal representative declines or fails to commence a proceeding after demand, a person making the demand may commence the proceeding in the name of the decedent's estate, at the expense of the person making the demand and not of the estate. A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.

G. A proceeding under this section must be commenced within two years after the decedent's death, but a proceeding on behalf of a creditor whose claim was allowed after proceedings challenging disallowance of the claim may be commenced within sixty days after final allowance of the claims.

H. Unless a written notice asserting that a decedent's probate estate is insufficient to pay allowed claims and statutory allowances have been received from the decedent's personal representative, the following rules apply:

1. Payment or delivery of assets by any financial institution, registrar or other obligor to a nonprobate transferee in accordance with the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.

2. A trustee receiving or controlling a nonprobate transfer is released from liability under this section on any assets distributed to the trust's beneficiaries.  Each beneficiary to the extent of the distribution received becomes liable for the amount of the trustee's liability attributable to that asset imposed by subsections B and C of this section.

I. For the purposes of this section a nonprobate transfer is a valid transfer effective at death, other than a transfer of a survivorship interest in a joint tenancy of real estate, by a transferor whose last domicile was in this state, and to the extent that the transferor immediately before death had power, acting alone, to prevent the transfer by revocation or withdrawal and to instead use the property for the benefit of the transferor or apply it to discharge claims against the transfer's probate estate. With respect to multiple party accounts, the portion of the account that is a nonprobate transfer is that portion of that account to which the decedent was beneficially entitled immediately before death pursuant to section 14-6211.
A.R.S. § 14-10011 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10011
14-10011 Disclaimer of power held in fiduciary capacity
Status: in_force

14-10011. Disclaimer of power held in fiduciary capacity

A. If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

B. If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

C. A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust or other person for whom the fiduciary is acting.
A.R.S. § 14-5110 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5110
14-5110 Claim deadline for compensation; definitions
Status: in_force

14-5110. Claim deadline for compensation; definitions

A. In a guardianship, conservatorship or protective proceeding, unless a later claim deadline is established in advance by the court, a claim for compensation by attorneys or guardians ad litem who intend to be paid by the ward or protected person's estate is waived if not submitted to the fiduciary in writing within four months after either rendering the service, incurring the cost, initial appointment of the fiduciary or the effective date of this section, whichever is later.  A claim is deemed submitted on delivery, mailing or electronic transmission to the fiduciary.  A subsequent appointment of a substitute fiduciary does not renew the claim period.

B. This section does not apply to an attorney seeking compensation based on a contingency fee agreement.

C. For the purposes of this section:

1. "Compensation" includes fees, costs and reimbursable expenses.

2. "Estate" includes any estate established pursuant to this title except a trust unless the trust is supervised by the court and the ward or protected person is a beneficiary.
A.R.S. § 14-2521 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2521
14-2521 Qualified custodian; agreement to serve; ceasing service
Status: in_force

14-2521. Qualified custodian; agreement to serve; ceasing service

A. A person shall execute a written statement affirmatively agreeing to serve as the qualified custodian of an electronic will before the person may serve as a qualified custodian. The written statement may be executed by an electronic signature and maintained as an electronic record.

B. Except for a person ceasing to serve as provided in subsection C, paragraph 1 of this section, a person may not cease serving as a qualified custodian until a successor qualified custodian executes the written statement prescribed by subsection A of this section.

C. A person serving as a qualified custodian may cease serving as a qualified custodian:

1. If the person does not designate a successor qualified custodian, by providing the testator with both of the following:

(a) A thirty-day written notice that the person will cease to serve as a qualified custodian.

(b) The certified paper original of the electronic will and all records concerning the electronic will.

2. If the person designates a successor qualified custodian, by providing all of the following:

(a) A thirty-day written notice that the person will cease to serve as a qualified custodian to the testator and the successor qualified custodian.

(b) To the successor qualified custodian, the electronic record of the electronic will and an affidavit that states all of the following:

(i) That the person is eligible to act as a qualified custodian in this state and is the qualified custodian designated by the testator in the electronic will or was designated to act in that capacity by another qualified custodian pursuant to this paragraph.

(ii) That an electronic record of the electronic will was created at the time the testator executed the electronic will.

(iii) That the electronic record of the electronic will has been in the custody of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created.

(iv) The identity of all qualified custodians who have had custody of the electronic record of the electronic will since the execution of the electronic will.

D. For the purposes of making the affidavit prescribed by subsection C, paragraph 2, subdivision (b) of this section, the person may rely conclusively on any affidavits provided by a predecessor qualified custodian if all of these affidavits are provided to the successor qualified custodian.

E. If a testator designates a successor qualified custodian in a writing executed with the same formalities required for the execution of an electronic will and the successor qualified custodian executes the written statement prescribed by subsection A of this section, the person serving as qualified custodian shall cease serving in that capacity and shall provide the successor qualified custodian with both of the following:

1. The electronic record of the electronic will.

2. The affidavit prescribed by subsection C, paragraph 2, subdivision (b) of this section.

F. If a qualified custodian is an entity, an affidavit of a duly authorized officer or agent of the entity constitutes the affidavit of the qualified custodian.

G. A qualified custodian maintains an electronic will as a bailee, and the electronic will is the property of the testator and not the qualified custodian.
A.R.S. § 14-3810 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3810
14-3810 Claims not due and contingent or unliquidated claims
Status: in_force

14-3810. Claims not due and contingent or unliquidated claims

A. If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.

B. In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:

1. If the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account.

2. Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
A.R.S. § 14-13104 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13104
14-13104 User direction for disclosure of digital assets
Status: in_force

14-13104. User direction for disclosure of digital assets

A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications.  If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.

B. If a user has not used an online tool to give direction under subsection A of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

C. A user's direction under subsection A or B of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
A.R.S. § 14-3305 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3305
14-3305 Informal probate; registrar not satisfied
Status: in_force

14-3305. Informal probate; registrar not satisfied

If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 14-3303 and 14-3304 or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.
A.R.S. § 14-5409 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5409
14-5409 Protective arrangements and single transactions authorized
Status: in_force

14-5409. Protective arrangements and single transactions authorized

A. If it is established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust.

B. When it has been established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any contract, trust or other transaction relating to the protected person's financial affairs or involving the protected person's estate if the court determines that the transaction is in the best interests of the protected person.

C. Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the protected person's disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
A.R.S. § 14-3505 — Arizona Code / Title 14 / Chapter 3 / Article 5 / Section 3505
14-3505 Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing
Status: in_force

14-3505. Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing

A. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under section 14-3931. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.

B. A supervised personal representative shall file an account with the court not less than annually during his administration, and on closing shall file a final account to be approved under section 14-3931. He shall also account to the court on resignation or removal. Subject to appeal or vacation within the time permitted, an order made on notice and hearing allowing an intermediate account of a personal representative adjudicates his liabilities concerning matters considered in connection therewith. A copy of the intermediate account must be sent to all interested parties along with notice of hearing on the account. In connection with any account, the court may require the personal representative to submit to physical check of the estate in his control, to be made in any manner the court may specify.
A.R.S. § 14-5109 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5109
14-5109 Disclosure of compensation; determining reasonableness and necessity
Status: in_force

14-5109. Disclosure of compensation; determining reasonableness and necessity

A. When a guardian, a conservator, an attorney or a guardian ad litem who intends to seek compensation from the estate of a ward or protected person first appears in the proceeding, that person must give written notice of the basis of the compensation by filing a statement with the court and providing a copy of the statement to all persons entitled to notice pursuant to sections 14-5309 and 14-5405. The statement must provide a general explanation of the compensation arrangement and how the compensation will be computed.

B. If during the pendency of the action the basis for compensation changes, the guardian, conservator, attorney or guardian ad litem must provide notice of the change to all persons entitled to notice pursuant to this subsection not less than thirty days before the change becomes effective.

C. Compensation paid from an estate to a guardian, conservator, attorney or guardian ad litem must be reasonable and necessary.  To determine the reasonableness and necessity of compensation, the court must consider the best interest of the ward or protected person.  The following factors may be considered to the extent applicable:

1. Whether the services provided any benefit or attempted to advance the best interest of the ward or protected person.

2. The usual and customary fees charged in the relevant professional community for the services.

3. The size and composition of the estate.

4. The extent that the services were provided in a reasonable, efficient and cost-effective manner.

5. Whether there was appropriate and prudent delegation to others.

6. Any other factors bearing on the reasonableness of fees.

D. The person seeking compensation has the burden of proving the reasonableness and necessity of compensation and expenses sought.
A.R.S. § 14-7431 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7431
14-7431 Proposed actions; notification; definition
Status: in_force

14-7431. Proposed actions; notification; definition

A. A trustee may, but is not required to, give notice of a proposed action regarding a matter governed by this article as provided in this section.

B. The trustee shall mail notice of a proposed action, by certified, registered or ordinary first class mail, to all beneficiaries who are receiving, or are entitled to receive, income from the trust or to receive a distribution of principal if the trust were terminated at the time the notice is given.  The trustee must give notice to any beneficiary under any incapacity pursuant to section 14-1403.

C. The trustee is not required to give notice of a proposed action to any person who consents in writing to the proposed action.  A person may give consent at any time before or after the proposed action is taken.

D. The notice of the proposed action shall state that it is given pursuant to this article and shall contain all of the following:

1. The name and mailing address of the trustee.

2. The name and telephone number of a person who may be contacted for additional information.

3. A description of the action proposed to be taken and an explanation of the reasons for the action.

4. The time within which objections to the proposed action can be made, which shall be at least thirty days after the mailing of the notice.

5. The date on or after which the proposed action may be taken or is effective.

E. A beneficiary may object to the proposed action by mailing a written objection to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.

F. A trustee is not liable to a beneficiary for an action regarding a matter governed by this article if the trustee does not receive a written objection to the proposed action from the beneficiary within the applicable time period and the other requirements of this article are satisfied.  If a beneficiary entitled to notice does not object under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action.

G. If the trustee receives a written objection within the applicable time period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications or not taken at all. An objecting beneficiary has the burden of proving that the trustee's proposed action should not be taken.  A beneficiary who has not objected may oppose the proposed action in such a proceeding.  If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision.  The trustee's decision not to implement the proposed action does not give rise to liability to any current or future beneficiary.  In such circumstances, a beneficiary may petition the court to have the action taken and has the burden of proving that it should be taken.

H. For the purposes of this section, "proposed action" includes a course of action or a decision not to take a course of action.
A.R.S. § 14-5208 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5208
14-5208 Consent to service by acceptance of appointment; notice
Status: in_force

14-5208. Consent to service by acceptance of appointment; notice

By accepting a testamentary or court appointment as guardian a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian, or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by will or by court order.
A.R.S. § 14-10812 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10812
14-10812 Collecting trust property
Status: in_force

14-10812. Collecting trust property

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress a breach of trust known to the trustee to have been committed by a former trustee.
A.R.S. § 14-10410 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10410
14-10410 Modification or termination of trust; proceedings for approval or disapproval
Status: in_force

14-10410. Modification or termination of trust; proceedings for approval or disapproval

A. In addition to the methods of termination prescribed by sections 14-10411, 14-10412, 14-10413 and 14-10414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve.

B. A proceeding to approve or disapprove a proposed modification or termination under sections 14-10411, 14-10412, 14-10413, 14-10414, 14-10415 and 14-10416, or trust combination or division under section 14-10417, may be commenced by a trustee or beneficiary.  The settlor of a charitable trust may maintain a proceeding to modify the trust under section 14-10413.
A.R.S. § 14-10113 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10113
14-10113 Penalty clause for contest; restriction
Status: in_force

14-10113. Penalty clause for contest; restriction

A provision in a trust instrument that purports to penalize an interested person for contesting the trust instrument or instituting other proceedings or actions relating to the trust property is unenforceable if probable cause exists for the contest, proceedings or actions.
A.R.S. § 14-12503 — Arizona Code / Title 14 / Chapter 12 / Article 5 / Section 12503
14-12503 Transitional provision
Status: in_force

14-12503. Transitional provision

A. This chapter applies to guardianship and protective proceedings begun on or after the effective date of this chapter.

B. Articles 1, 3 and 4 of this chapter and sections 14-12501 and 14-12502 apply to proceedings begun before the effective date of this chapter regardless of whether a guardianship or protective order has been issued.
A.R.S. § 14-4101 — Arizona Code / Title 14 / Chapter 4 / Article 1 / Section 4101
14-4101 Definitions
Status: in_force

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.
A.R.S. § 14-7511 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7511
14-7511 Uniformity of interpretation
Status: in_force

14-7511. Uniformity of interpretation

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
A.R.S. § 14-12103 — Arizona Code / Title 14 / Chapter 12 / Article 1 / Section 12103
14-12103 International applications of act
Status: in_force

14-12103. International applications of act

A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3 and 5 of this chapter.
A.R.S. § 14-12207 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12207
14-12207 Jurisdiction declined by reason of conduct
Status: in_force

14-12207. Jurisdiction declined by reason of conduct

A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:

1. Decline to exercise jurisdiction.

2. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction.

3. Continue to exercise jurisdiction after considering:

(a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction.

(b) Whether it is a more appropriate forum than the court of any other state under the factors prescribed in section 14-12206, subsection C.

(c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards prescribed in section 14-12203.

B. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.  The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than this chapter.
A.R.S. § 14-10002 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10002
14-10002 Definitions
Status: in_force

14-10002. Definitions

In this chapter, unless the context otherwise requires:

1. "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

2. "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.

3. "Disclaimer" means the refusal to accept an interest in or power over property.

4. "Fiduciary" means a personal representative, a trustee, an agent acting under a power of attorney or any other person who is authorized to act as a fiduciary with respect to the property of another person.

5. "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
A.R.S. § 14-5210 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5210
14-5210 Termination of appointment of guardian; general
Status: in_force

14-5210. Termination of appointment of guardian; general

A guardian's authority and responsibility terminates on the death, resignation or removal of the guardian or on the minor's death, adoption, marriage or attainment of majority. Termination does not affect the guardian’s liability for prior acts or the guardian’s obligation to account for the ward’s monies and assets. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.
A.R.S. § 14-10012 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10012
14-10012 Delivery or filing; definition
Status: in_force

14-10012. Delivery or filing; definition

A. Subject to subsections B through K, delivery of a disclaimer may be effected by personal delivery, first class mail or any other method likely to result in its receipt.

B. In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

1. A disclaimer must be delivered to the personal representative of the decedent's estate.

2. If no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.

C. In the case of an interest in a testamentary trust:

1. A disclaimer must be delivered to the trustee then serving, or if no trustee is then serving, to the personal representative of the decedent's estate.

2. If no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.

D. In the case of an interest in an inter vivos trust:

1. A disclaimer must be delivered to the trustee then surviving.

2. If no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust.

3. If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest.

E. In the case of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, a disclaimer must be delivered to the person making the beneficiary designation.

F. In the case of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, a disclaimer must be delivered to the person obligated to distribute the interest.

G. In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.

H. In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created:

1. The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power.

2. If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

I. In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

1. The disclaimer must be delivered to the holder, to the personal representative of the holder's estate or to the fiduciary under the instrument that created the power.

2. If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

J. In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection B, C or D as if the power disclaimed were an interest in property.

K. In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative.

L. For the purposes of this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of any of the following:

1. An annuity or insurance policy.

2. An account with a designation for payment on death.

3. A security registered in beneficiary form.

4. A pension, profit sharing retirement or other employment related benefits plan.

5. Any other nonprobate transfer at death.
A.R.S. § 14-5410 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5410
14-5410 Who may be appointed conservator; priorities
Status: in_force

14-5410. Who may be appointed conservator; priorities

A. The court may appoint an individual or a corporation, with general power to serve as trustee, as conservator of the estate of a protected person subject to the requirements of section 14-5106. The following are entitled to consideration for appointment in the order listed:

1. A conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides.

2. An individual or corporation nominated by the protected person if the protected person is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.

3. The person nominated to serve as conservator in the protected person's most recent durable power of attorney.

4. The spouse of the protected person.

5. An adult child of the protected person.

6. A parent of the protected person, or a person nominated by the will of a deceased parent.

7. Any relative of the protected person with whom the protected person has resided for more than six months before the filing of the petition.

8. The nominee of a person who is caring for or paying benefits to the protected person.

9. If the protected person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans' services.

10. A fiduciary who is licensed pursuant to section 14-5651, other than a public fiduciary.

11. A public fiduciary who is licensed pursuant to section 14-5651.

B. A person listed in subsection A, paragraph 4, 5, 6, 7 or 8 of this section may nominate in writing a person to serve in that person's place. With respect to persons having equal priority, the court shall select the one it determines is best qualified to serve. The court, for good cause, may pass over a person having priority and appoint a person having a lower priority or no priority.  For the purposes of this subsection, "good cause" includes a determination that:

1. The protected person's durable power of attorney is invalid.

2. Honoring the protected person's durable power of attorney would not be in the physical, emotional or financial best interest of the protected person.

3. The estimated cost of the fiduciary and associated professional fees would adversely affect the ability of the person's estate to provide for the protected person's reasonable and necessary living expenses.

C. On the request of a person who was passed over by the court pursuant to subsection B of this section, the court shall make a specific finding regarding the court's determination of good cause and why the person was not appointed.  The request must be made within ten days after the entry of the order.
A.R.S. § 14-5722 — Arizona Code / Title 14 / Chapter 5 / Article 9 / Section 5722
14-5722 Supported decision-making agreements; scope; rights and obligations; intimidation; deception; petition; termination; form
Status: in_force

14-5722. Supported decision-making agreements; scope; rights and obligations; intimidation; deception; petition; termination; form

A. An adult, without undue influence or coercion, may voluntarily enter into a supported decision-making agreement with a supporter under which the adult authorizes the supporter to do any or all of the following:

1. Provide supported decision-making, including assisting the adult in understanding the options, responsibilities and consequences of the adult's life decisions, without making those decisions on behalf of the adult.

2. Assist the adult in accessing, collecting and obtaining from any person information that is relevant to a given life decision, including medical, psychological, financial, education or treatment records.

3. Assist the adult in understanding the information described in paragraph 2 of this subsection.

4. Assist the adult in communicating the adult's decisions to appropriate persons.

B. A supporter is not a surrogate decision-maker for the adult and does not have the authority to sign legal documents on behalf of the adult or bind the adult to a legal agreement.

C. The supported decision-making agreement shall set forth the rights, roles, duties, limitations and obligations of both the adult and the supporter who are entering into the agreement.

D. If the supporter intimidates or deceives the adult in procuring the supported decision-making agreement or any authority provided in the supported decision-making agreement, the supporter may be subject to criminal prosecution and civil penalties as otherwise provided by law.

E. The supporter may not receive compensation as a result of the supporter's duties under a supported decision-making agreement. The supporter shall act without self-interest and shall avoid conflicts of interest.

F. A supported decision-making agreement must be signed by the adult and the supporter in the presence of two or more subscribing witnesses, who must be at least eighteen years of age, or a notary public, and the signature process is subject to the following requirements:

1. By witnessing the agreement, each witness or notary affirms that the witness or notary was present when the person dated and signed or marked the agreement, except as provided under paragraph 2 of this subsection, and that the person appeared to be of sound mind and free from duress at the time of execution of the agreement.

2. If a person is physically unable to sign or mark the agreement, the witness or notary shall verify on the document that the person directly indicated to the notary or witness that the agreement expressed the person's wishes and that the person intended to adopt the agreement at that time.

G. A supported decision-making agreement extends until:

1. Terminated in writing by either party or by the terms of the supported decision-making agreement.

2. At any time the adult becomes an incapacitated person as defined in section 14-5101.

3. On the appointment of a guardian pursuant to article 3 of this chapter.

H. The supported decision-making agreement shall be in substantially the following form:

Supported Decision-Making Agreement

This agreement is governed by the Arizona supported decision-making agreement statute section 14-5722, Arizona Revised Statutes. For the purposes of this agreement, "decision-maker" means an adult with a disability who executes an agreement for the purpose of designating an individual to serve as the decision-maker's supporter when the decision-maker makes certain decisions that are listed in the agreement.

Purpose of Agreement

The purpose of the supported decision-making agreement is to support and accommodate a decision-maker to make informed decisions and choices about certain aspects of the adult's daily life.

Role of Supporter

To assist a decision-maker, a supporter may:

1. Assist the decision-maker with getting information to be able to understand available choices.

2. Assist the decision-maker in understanding choices so the decision-maker can make the best personal decisions.

3. Assist the decision-maker in communicating decisions to the right people and organizations.

Revocation or Termination of Agreement

A. The decision-maker or the supporter may revoke this agreement at any time.

B. This agreement terminates as a matter of law at any time the decision-maker becomes an incapacitated person as defined in section 14-5101, Arizona Revised Statutes.

C. This agreement terminates as a matter of law on the appointment of a guardian for any reason or purpose pursuant to title 14, chapter 5, article 3, Arizona Revised Statutes.

D. If either the decision-maker or supporter has questions about the agreement, the decision-maker or supporter should speak with a lawyer before signing this supported decision-making agreement.

Important Information for Supporters About

the Limits to this Agreement

A. You may not make a decision for or on behalf of the decision-maker.

B. Neither you nor any organization for whom you are employed or serve as a volunteer may receive any financial support, remuneration or compensation, either directly or indirectly, for or related to your services and role as a supporter to the decision-maker.

C. When you agree to provide support to an adult under this supported decision-making agreement, you have a duty to and you shall:

1. Act in good faith.

2. Act with loyalty to the decision-maker.

3. Act without self-interest.

4. Avoid conflicts of interest.

5. Stop serving as a supporter at any time that you question the capacity of the decision-maker to continue making decisions even with your support.

6. Stop serving as a supporter at any time that the supported decision-making agreement is revoked by the decision-maker or you, or the agreement ends as a matter of law.

7. Respect the decision-maker's relationships with friends and family members and not attempt to isolate or alienate the decision-maker from those friends and family members.

APPOINTMENT OF SUPPORTER

I ______________________________________, (name of adult, (the "decision-maker")), am of sound mind and enter into this agreement voluntarily.

My disabilities are: (describe briefly)

_________________________________________________________________________________________________________________________________________________________________________________________.

I choose _____________________________________________________ to be my supporter.

Supporter's address:__________________________________________

Supporter's telephone number:_________________________________

Supporter's email address:____________________________________

SUPPORTER'S ROLE AND LIMITATIONS ON THAT ROLE

My supporter may help me with life decisions about each of the following which I have marked with an "X" (check those that apply):

Yes ___ No ___ Obtaining food, clothing and a place to live.

Yes ___ No ___ My physical health and health services.

Yes ___ No ___ My mental health and mental health services.

Yes ___ No ___ Managing my money or property.

Yes ___ No ___ Getting an education or other training.

Yes ___ No ___ Choosing and maintaining my services and supports.

Yes ___ No ___ Finding a job.

Yes ___ No ___ Other: ______________________________ (specify)

Yes ___ No ___ My supporters may see my private health information under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) if I first choose to provide a signed release.

Yes ___ No ___ My supporters may see my educational records under the Family Educational Rights and Privacy Act of 1974 (20 United States Code section 1232g) if I first choose to provide a signed release.

This agreement is effective when signed and will continue until ___________ (date) or until my supporter or I end the agreement or the agreement ends by operation of law, including the appointment of a guardian for me.

DECISION-MAKER'S SIGNATURE

Signed this __________ (day) of __________________ (month), ________ (year)

_____________________________ _______________________________

(signature of decision-maker) (printed name of decision-maker)

CONSENT OF SUPPORTER

I (name of supporter), _______________________________ consent to act as a Supporter under this agreement.

____________________________  _____________________________

(signature of supporter)       (printed name of supporter)

This agreement must be signed in front of two

witnesses or a notary public

____________________________  _____________________________

(witness 1 signature)          (printed name of witness 1)

____________________________  _____________________________

(witness 2 signature)          (printed name of witness 2)

or

Notary Public

State of ____________________

County of ___________________

This document was acknowledged before me on __________(date) by

_____________________________  _____________________________

(name of decision-maker)        (name of supporter)

_____________________________  _____________________________

(signature of notary)           (printed name of notary)

(seal, if any, of notary)

My commission expires:  _________________

WARNING: PROTECTION FOR THE DECISION-MAKER WITH A DISABILITY

If a person who receives a copy of this supported decision-making agreement or who is aware of the existence of this agreement has cause to believe that the decision-maker is being abused, neglected or exploited by the supporter, the person shall report the alleged abuse, neglect or exploitation to the department of economic security's online reporting system by calling the adult protective services, adult abuse hotline or by calling the local police department.
A.R.S. § 14-3915 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3915
14-3915 Distribution to person under disability
Status: in_force

14-3915. Distribution to person under disability

A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this title or otherwise to give a valid receipt and discharge for the distribution.
A.R.S. § 14-5703 — Arizona Code / Title 14 / Chapter 5 / Article 8 / Section 5703
14-5703 Procedure after arrest; payment for release from custody
Status: in_force

14-5703. Procedure after arrest; payment for release from custody

A. When a person who is arrested pursuant to a fiduciary arrest warrant is brought before the court, the judicial officer shall advise the arrested person of the nature of the proceedings and shall set a date for the next court appearance.

B. The arrested person may be released from custody pending the hearing if the arrested person pays the amount set by the court or a larger amount as the court determines.  The court may not reduce the amount ordered to be paid.  The arrested person shall not be released from custody without paying the amount unless the court finds in writing or on the record that a compelling reason exists to release the arrested person.

C. Monies received pursuant to this section shall be deposited with the clerk of the court until further order of the court unless the court orders that the monies be paid to an estate or other fiduciary.
A.R.S. § 14-10906 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10906
14-10906 Prudent investor rule; language to invoke standard
Status: in_force

14-10906. Prudent investor rule; language to invoke standard

The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this article:

1. Investments permissible by law for investment of trust funds.

2. Legal investments.

3. Authorized investments.

4. Using the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.

5. Prudent man rule.

6. Prudent trustee rule.

7. Prudent person rule.

8. Prudent investor rule.
A.R.S. § 14-1404 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1404
14-1404 Representation; basic effect
Status: in_force

14-1404. Representation; basic effect

A. Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person.

B. Except as otherwise provided in section 14-10602, subsection E, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.  The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

C. For the purposes of this section, notice to a person must include any document required to be sent to a person pursuant to this article.

D. A person who receives notice on behalf of another person pursuant to this section is not liable to the other person unless the person who receives notice is grossly negligent or acts or fails to act with the intent to harm the other person.
A.R.S. § 14-12101 — Arizona Code / Title 14 / Chapter 12 / Article 1 / Section 12101
14-12101 Short title
Status: in_force

14-12101. Short title

This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
A.R.S. § 14-5205 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5205
14-5205 Court appointment of guardian of minor; venue
Status: in_force

14-5205. Court appointment of guardian of minor; venue

The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.
A.R.S. § 14-7422 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7422
14-7422 Property not productive of income
Status: in_force

14-7422. Property not productive of income

A. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under section 14-7403 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time or exercise the power conferred by section 14-7403, subsection A.  The trustee may decide which action or combination of actions to take.

B. In cases not governed by subsection A of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.
A.R.S. § 14-9108 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9108
14-9108 General powers of custodial trustee
Status: in_force

14-9108. General powers of custodial trustee

A. A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property that an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.

B. This section does not relieve a custodial trustee from liability for a violation of section 14-9107.
A.R.S. § 14-7668 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7668
14-7668 Renunciation, resignation, death or removal of custodian; designation of successor
Status: in_force

14-7668. Renunciation, resignation, death or removal of custodian; designation of successor

A. A person nominated pursuant to section 14-7653 or designated pursuant to section 14-7659 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian who is able, willing and eligible to serve was nominated pursuant to section 14-7653, the person who made the nomination may nominate a substitute custodian pursuant to section 14-7653. Otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property pursuant to section 14-7659, subsection A. The custodian so designated has the rights of a successor custodian.

B. A custodian at any time may designate a trust company or an adult other than a transferor pursuant to section 14-7654 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed.

C. A custodian may resign at any time by delivering written notice to the minor if the minor is at least fourteen years of age and to the successor custodian and by delivering the custodial property to the successor custodian.

D. If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the minor is at least fourteen years of age, the minor may designate as successor custodian, in the manner prescribed in subsection B of this section, an adult member of the minor's family, a conservator of the minor or a trust company. If the minor is under fourteen years of age or fails to act within sixty days after the ineligibility, death or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family or any other interested person may petition the court to designate a successor custodian.

E. A custodian who declines to serve pursuant to subsection A of this section or resigns pursuant to subsection C of this section or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

F. A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor or the minor if the minor is at least fourteen years of age may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor pursuant to section 14-7654 or to require the custodian to give appropriate bond.
A.R.S. § 14-3503 — Arizona Code / Title 14 / Chapter 3 / Article 5 / Section 3503
14-3503 Supervised administration; effect on other proceedings
Status: in_force

14-3503. Supervised administration; effect on other proceedings

A. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.

B. If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 14-3401.

C. After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.
A.R.S. § 14-3704 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3704
14-3704 Personal representative to proceed without court order; exception
Status: in_force

14-3704. Personal representative to proceed without court order; exception

A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this title, to resolve questions concerning the estate or its administration.
A.R.S. § 14-10001 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10001
14-10001 Short title
Status: in_force

14-10001. Short title

This chapter may be cited as the Arizona uniform disclaimer of property interests act.
A.R.S. § 14-10703 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10703
14-10703 Cotrustees
Status: in_force

14-10703. Cotrustees

A. Cotrustees who are unable to reach a unanimous decision may act by majority decision.

B. If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.

C. A cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.

D. If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

E. A trustee may delegate to a cotrustee the performance of a function unless the terms of the trust provide that the trustees perform jointly.  Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.

F. Except as otherwise provided in subsection G, a trustee who does not join in an action of another trustee is not liable for the action.

G. Each trustee shall exercise reasonable care to:

1. Prevent a cotrustee from committing a material breach of trust.

2. Compel a cotrustee to redress a material breach of trust.

H. A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a material breach of trust.
A.R.S. § 14-5301.03 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5301.03
14-5301.03 Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood
Status: in_force

14-5301.03. Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood

A. A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be incapacitated may initiate guardianship proceedings pursuant to this article and request that any guardianship order take effect immediately on the minor's eighteenth birthday.

B. The petitioner may provide with the petition a report of an evaluation of the minor by a physician, psychologist or registered nurse that meets the requirements of section 14-5303, subsection D.  If the evaluation was conducted within six months after the date the petition is filed with the court, the petitioner may ask in the petition that the court accept this report in lieu of ordering any additional evaluation pursuant to section 14-5303, subsection C, and the court may grant the request.
A.R.S. § 14-7505 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7505
14-7505 Check drawn by and payable to fiduciary
Status: in_force

14-7505. Check drawn by and payable to fiduciary

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith.
A.R.S. § 14-7653 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7653
14-7653 Nomination of custodian
Status: in_force

14-7653. Nomination of custodian

A. A person having the right to designate the recipient of property transferable on the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary on the occurrence of the event by naming the custodian followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act". The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer or other obligor of the contractual rights.

B. A custodian nominated pursuant to this section must be a person to whom a transfer of property of that kind may be made pursuant to section 14-7659, subsection A.

C. The nomination of a custodian pursuant to this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed pursuant to section 14-7659. Unless the nomination of a custodian has been revoked, on the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 14-7659.
A.R.S. § 14-5203 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5203
14-5203 Objection by minor of fourteen or older to testamentary appointment
Status: in_force

14-5203. Objection by minor of fourteen or older to testamentary appointment

A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person.
A.R.S. § 14-2710 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2710
14-2710 Worthier title doctrine; nonrecognition
Status: in_force

14-2710. Worthier title doctrine; nonrecognition

The common law doctrine of worthier title is not recognized in this state. Therefore, language in a governing instrument that describes the beneficiaries of a disposition as the transferor's heirs, heirs at law, next of kin, distributees, relatives, or family, or by similar language, does not create or presumptively create a reversionary interest in the transferor.
A.R.S. § 14-3936 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3936
14-3936 Limitations on actions and proceedings against distributees
Status: in_force

14-3936. Limitations on actions and proceedings against distributees

A. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant, other than a creditor of the decedent, to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee or of a successor personal representative acting in an heir's or devisee's behalf, to recover property improperly distributed or its value from any distributee is forever barred at the later of three years after the decedent's death or one year after the time of distribution.

B. All claims of the decedent's creditors against distributees are barred after the limitations period for the presentation of claims of the decedent's creditors pursuant to section 14-3803.

C. This section does not bar an action to recover property or value received as the result of fraud.
A.R.S. § 14-13103 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13103
14-13103 Applicability
Status: in_force

14-13103. Applicability

A. This chapter applies to all of the following:

1. A fiduciary acting under a will or power of attorney executed before, on or after August 6, 2016.

2. A personal representative acting for a decedent who died before, on or after August 6, 2016.

3. A conservatorship proceeding commenced before, on or after August 6, 2016.

4. A trustee acting under a trust created before, on or after August 6, 2016.

B. This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.

C. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
A.R.S. § 14-2712 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2712
14-2712 Burdens relating to validity of governing instruments
Status: in_force

14-2712. Burdens relating to validity of governing instruments

A. A proponent of a governing instrument has the burden of establishing prima facie proof of due execution in all cases.

B. It is a rebuttable presumption that a person who executes a governing instrument is presumed to have capacity to execute the governing instrument and to have done so free from undue influence and duress.

C. If the validity of a governing instrument is challenged on the grounds of revocation by a later governing instrument, the validity of the later governing instrument must be determined first.

D. Except as prescribed pursuant to subsections E and F of this section, a party that challenges the validity of a governing instrument has the burden of establishing the invalidity of that governing instrument by a preponderance of the evidence.

E. A governing instrument is presumed to be the product of undue influence if either:

1. A person who had a confidential relationship to the creator of the governing instrument was active in procuring its creation and execution and is a principal beneficiary of the governing instrument.

2. The preparer of the governing instrument or the preparer's spouse or parents or the issue of the preparer's spouse or parents is a principal beneficiary of the governing instrument.  This paragraph does not apply if the governing instrument was prepared for a person who is a grandparent of the preparer, the issue of a grandparent of the preparer or the respective spouses or former spouses of persons related to the preparer.

F. The beneficiary of the governing instrument may overcome a presumption of undue influence by a preponderance of the evidence.

G. For the purposes of this section, determining if a person is a principal beneficiary of a governing instrument or the preparer of a governing instrument is a question of fact to be determined by the totality of the circumstances.

H. This section does not apply to the following:

1. Proceedings to determine the validity of a durable power of attorney pursuant to section 14-5506, subsection B.

2. Proceedings to determine ownership of multiple party accounts pursuant to section 14-6211.
A.R.S. § 14-5429 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5429
14-5429 Personal liability of conservator
Status: in_force

14-5429. Personal liability of conservator

A. Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.

B. The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.

C. Claims based on contracts entered into by a conservator in a fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is individually liable therefor.

D. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge or indemnification, or other appropriate proceeding or action.
A.R.S. § 14-3702 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3702
14-3702 Priority among different letters
Status: in_force

14-3702. Priority among different letters

A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
A.R.S. § 14-7507 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7507
14-7507 Deposit in name of principal
Status: in_force

14-7507. Deposit in name of principal

If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
A.R.S. § 14-10707 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10707
14-10707 Delivery of property by former trustee
Status: in_force

14-10707. Delivery of property by former trustee

A. Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.

B. A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property in the trustee's possession to the cotrustee, successor trustee or other person entitled to it.
A.R.S. § 14-10706 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10706
14-10706 Removal of trustee
Status: in_force

14-10706. Removal of trustee

A. The settlor, a cotrustee or a beneficiary may request the court to remove a trustee or a trustee may be removed by the court on its own initiative.

B. The court may remove a trustee if:

1. The trustee has committed a material breach of trust.

2. Lack of cooperation among cotrustees substantially impairs the administration of the trust.

3. Because of unfitness, unwillingness or persistent failure of the trustee to administer the trust for the benefit of the beneficiaries, the court determines that removal of the trustee best serves the interests of the beneficiaries.

4. There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust and a suitable cotrustee or successor trustee is available.

C. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order appropriate relief under section 14-11001, subsection B as may be necessary to protect the trust property or the interests of the beneficiaries.

D. On petition of a beneficiary who is also a settlor of a trust, including a beneficiary for whom a guardian or conservator has been appointed, the court shall substitute a trustee and appoint a successor if the substitution is in the best interest of the beneficiary.  The trustee and the trustee's attorney may be compensated from the trust for defending against a petition for substitution only for the amount ordered by the court and on petition by the trustee or the trustee's attorney.  When substituting a trustee and appointing a successor, the court may appoint an individual nominated by the beneficiary if the beneficiary has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.
A.R.S. § 14-9117 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9117
14-9117 Distribution on termination
Status: in_force

14-9117. Distribution on termination

A. On the termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:

1. To the beneficiary, if not incapacitated or deceased.

2. To the conservator or other recipient designated by the court for an incapacitated beneficiary.

3. On the beneficiary's death, in the following order:

(a) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary.

(b) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to Section 14-9106.

(c) As designated in the instrument creating the custodial trust.

(d) To the estate of the deceased beneficiary.

B. If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.

C. The death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
A.R.S. § 14-12301 — Arizona Code / Title 14 / Chapter 12 / Article 3 / Section 12301
14-12301 Transfer of guardianship or conservatorship to another state
Status: in_force

14-12301. Transfer of guardianship or conservatorship to another state

A. Any interested person may petition the court to transfer the guardianship or conservatorship to another state.

B. On the filing of a petition pursuant to subsection A of this section, the court in this state shall set a hearing on the petition and the petitioner shall give notice of the hearing to the persons who pursuant to chapter 5 of this title would be entitled to notice of the hearing on a petition for the appointment of a guardian or conservator.

C. On the court's own motion or on the filing of an objection to a petition filed pursuant to subsection B of this section, the hearing on a petition filed pursuant to subsection A of this section shall be set as an appearance hearing, otherwise the hearing shall be set as a nonappearance hearing.

D. After the hearing held pursuant to subsection C of this section, the court in this state shall enter an order authorizing the guardian or another appropriate person to petition for guardianship in the other state if the court in this state finds all of the following:

1. The incapacitated person is physically present in or is reasonably expected to move permanently to the other state.

2. An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person.

3. Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

E. After the hearing held pursuant to subsection C of this section, the court in this state shall enter an order authorizing the conservator or another appropriate person to petition for conservatorship in the other state if the court finds all of the following:

1. The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors prescribed in section 14-12201, subsection B.

2. An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person.

3. Adequate arrangements will be made for management of the protected person's property.

F. The court shall enter an order confirming the transfer and terminating the guardianship or conservatorship on its receipt of both of the following:

1. A certified copy of the provisional order accepting the proceeding from the court to which the proceeding is to be transferred under provisions that are similar to section 14-12302.

2. The documents required to terminate a guardianship or conservatorship in this state, including any required accounting for the period of administration before the transfer of jurisdiction.
A.R.S. § 14-12202 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12202
14-12202 Exclusive basis
Status: in_force

14-12202. Exclusive basis

This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
A.R.S. § 14-2107 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2107
14-2107 Kindred by half blood; right of inheritance
Status: in_force

14-2107. Kindred by half blood; right of inheritance

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
A.R.S. § 14-7512 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7512
14-7512 Short title
Status: in_force

14-7512. Short title

This article may be cited as the uniform fiduciaries act.
A.R.S. § 14-6216 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6216
14-6216 Community property; effect of account; right of survivorship
Status: in_force

14-6216. Community property; effect of account; right of survivorship

A. A deposit of community property in an account does not alter the community character of the property or community rights in the property.

B. A right of survivorship between parties married to each other arising from the express terms of the account or section 14-6212 may not be altered by will.
A.R.S. § 14-3611 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3611
14-3611 Termination of appointment by removal; cause; procedure
Status: in_force

14-3611. Termination of appointment by removal; cause; procedure

A. A person interested in the estate may petition for removal of a personal representative for cause at any time. On filing of the petition, the court shall fix a time and place for a hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in section 14-3607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or to preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.

B. Cause for removal exists under any of the following circumstances:

1. If removal would be in the best interests of the estate.

2. If it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the personal representative's appointment.

3. If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of that office, has mismanaged the estate or has failed to perform any duty pertaining to that office.

4. If it is shown that the personal representative has disregarded the reasonable written wishes of the decedent regarding the disposition of the decedent's remains.

C. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
A.R.S. § 14-5431 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5431
14-5431 Payment of debt and delivery of property to foreign conservator without local proceedings
Status: in_force

14-5431. Payment of debt and delivery of property to foreign conservator without local proceedings

Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating both:

1. That no protective proceeding relating to the protected person is pending in this state.

2. That the foreign conservator is entitled to payment or to receive delivery. If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
A.R.S. § 14-10013 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10013
14-10013 When disclaimer barred or limited
Status: in_force

14-10013. When disclaimer barred or limited

A. A disclaimer is barred by a written waiver of the right to disclaim.

B. A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective:

1. The disclaimant accepts the interest sought to be disclaimed.

2. The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so.

3. A judicial sale of the interest sought to be disclaimed occurs.

C. A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

D. A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

E. A disclaimer is barred or limited if so provided by law other than this chapter.

F. A disclaimer of a power over property that is barred by this section is ineffective.  A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the person who would have taken the interest under this chapter had the disclaimer not been barred.
A.R.S. § 14-10010 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10010
14-10010 Disclaimer by appointee, object or taker in default of exercise of power of appointment
Status: in_force

14-10010. Disclaimer by appointee, object or taker in default of exercise of power of appointment

A. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.

B. A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
A.R.S. § 14-3309 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3309
14-3309 Informal appointment proceedings; registrar not satisfied
Status: in_force

14-3309. Informal appointment proceedings; registrar not satisfied

If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 14-3307 and 14-3308, or for any other reason, the registrar may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.
A.R.S. § 14-3903 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3903
14-3903 Right of retainer
Status: in_force

14-3903. Right of retainer

The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest, but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.
A.R.S. § 14-3602 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3602
14-3602 Acceptance of appointment; consent to jurisdiction
Status: in_force

14-3602. Acceptance of appointment; consent to jurisdiction

By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
A.R.S. § 14-5413 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5413
14-5413 Acceptance of appointment; consent to jurisdiction
Status: in_force

14-5413. Acceptance of appointment; consent to jurisdiction

By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator, or mailed to him by registered or certified mail at his address as listed in the petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
A.R.S. § 14-5423 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5423
14-5423 Persons dealing with conservators; protection
Status: in_force

14-5423. Persons dealing with conservators; protection

A. A person who in good faith either assists or deals with a conservator, on the basis of a copy of letters certified by or under the direction of the court or an officer thereof within sixty days of the transaction, is protected as if the conservator properly exercised the conservator's power and even though the authority of that person as conservator has been terminated. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power, the propriety of its exercise, or the current authority of the conservator, except that restrictions on powers of conservators which are endorsed on letters as provided in section 14-5426 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.

B. The protection expressed in this section extends to any procedural irregularity or jurisdictional defect that occurred in proceedings leading to the issuance of letters. The protection expressed in this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
A.R.S. § 14-10407 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10407
14-10407 Evidence of oral trust
Status: in_force

14-10407. Evidence of oral trust

Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust shall be established only by clear and convincing evidence and the terms of the oral trust shall be established by a preponderance of the evidence.  If a trust is created by written instrument, it may be amended or revoked only by written instrument executed by the settlor.
A.R.S. § 14-10809 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10809
14-10809 Control and protection of trust property
Status: in_force

14-10809. Control and protection of trust property

A trustee shall take reasonable steps to take control of and protect the trust property.
A.R.S. § 14-10817 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10817
14-10817 Distribution on termination; release of trustee
Status: in_force

14-10817. Distribution on termination; release of trustee

A. On termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.

B. On the occurrence of an event terminating or partially terminating a trust, the trustee, within a reasonable time, shall distribute the trust property to the persons entitled to it subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses and taxes.

C. A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:

1. It was induced by improper conduct of the trustee.

2. The beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
A.R.S. § 14-7509 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7509
14-7509 Deposit in names of two or more trustees
Status: in_force

14-7509. Deposit in names of two or more trustees

When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.
A.R.S. § 14-10406 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10406
14-10406 Creation of trust induced by fraud, duress or undue influence
Status: in_force

14-10406. Creation of trust induced by fraud, duress or undue influence

A trust is void, in whole or in part, to the extent its creation was induced by fraud, duress or undue influence.
A.R.S. § 14-5406 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5406
14-5406 Protective proceedings; request for notice; interested person
Status: in_force

14-5406. Protective proceedings; request for notice; interested person

On payment of any required fee, any interested person who desires to be notified before any order is made in a guardianship or conservatorship proceeding, including any proceeding subsequent to the appointment of a guardian pursuant to section 14-5313, or subsequent to the appointment of a conservator pursuant to section 14-5416, may file a demand for notice with the clerk of the court in which the proceeding is pending. The person demanding notice shall mail a copy of the demand to the guardian and the conservator if one has been appointed. A demand is not effective unless it contains a statement showing the interest of the person making it and the person's address, or that of the person's attorney, and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.
A.R.S. § 14-10411 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10411
14-10411 Modification or termination of noncharitable irrevocable trust by consent
Status: in_force

14-10411. Modification or termination of noncharitable irrevocable trust by consent

A. A noncharitable irrevocable trust may be terminated on consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified on consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.

B. On termination of a trust under subsection A, the trustee shall distribute the trust property as agreed by the beneficiaries.

C. If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection A, the modification or termination may be approved by the court if the court is satisfied that:

1. If all of the beneficiaries had consented, the trust could have been modified or terminated under this section.

2. The interests of a beneficiary who does not consent will be adequately protected.
A.R.S. § 14-11012 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11012
14-11012 Protection of person dealing with trustee
Status: in_force

14-11012. Protection of person dealing with trustee

A. A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers, is protected from liability as if the trustee properly exercised the power.

B. A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

C. A person who in good faith delivers assets to a trustee need not ensure their proper application.

D. A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.

E. Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
A.R.S. § 14-9101 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9101
14-9101 Definitions
Status: in_force

14-9101. Definitions

In this title, unless the context otherwise requires:

1. "Beneficiary" means an individual for whom property has been transferred to, or held under a declaration of trust by, a custodial trustee for the individual's use and benefit under this chapter.

2. "Conservator" means a person who is appointed or qualified by a court to manage the estate of an individual or who is legally authorized to perform substantially the same functions.

3. "Court" means the superior court of this State.

4. "Custodial trust property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest.

5. "Custodial trustee" means a person who is designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated.

6. "Guardian" means a person who is appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem.

7. "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause.

8. "Legal representative" means a personal representative or conservator.

9. "Member of the beneficiary's family" means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.

10. "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association or any other legal or commercial entity.

11. "Personal representative" means an executor, administrator or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions or a successor to any of them.

12. "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

13. "Transferor" means a person who creates a custodial trust by transfer or declaration.

14. "Trust company" means a financial institution, corporation or other legal entity that is authorized to exercise general trust powers.
A.R.S. § 14-10409 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10409
14-10409 Noncharitable trust without ascertainable beneficiary
Status: in_force

14-10409. Noncharitable trust without ascertainable beneficiary

Except as otherwise provided in section 14-10408 or by another statute, the following rules apply:

1. A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee, provided that the trust may not be enforced for more than ninety years after its creation.

2. A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.

3. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, or otherwise to the settlor's successors in interest.
A.R.S. § 14-3618 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3618
14-3618 Termination of appointment; special administrator
Status: in_force

14-3618. Termination of appointment; special administrator

The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 14-3608 through 14-3611.
A.R.S. § 14-7421 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7421
14-7421 Timber
Status: in_force

14-7421. Timber

A. To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts:

1. To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest.

2. To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber.

3. To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying paragraphs 1 and 2.

4. To principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to paragraph 1, 2 or 3.

B. In determining net receipts to be allocated pursuant to subsection A, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

C. This article applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.

D. If a trust owns an interest in timberland on the effective date of this article, the trustee may allocate net receipts from the sale of timber and related products as provided in this article or in the manner used by the trustee before the effective date of this article.  If the trust acquires an interest in timberland after the effective date of this article, the trustee shall allocate net receipts from the sale of timber and related products as provided in this article.
A.R.S. § 14-5301 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5301
14-5301 Appointment of guardian by will or other writing; objections; notice
Status: in_force

14-5301. Appointment of guardian by will or other writing; objections; notice

A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. Appointments become effective only as prescribed pursuant to section 14-5301.01, subsection A.

B. An individual, by will or other signed writing, may appoint a guardian for the individual's spouse who the appointing spouse believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. An appointment pursuant to this subsection becomes effective only as prescribed pursuant to section 14-5301.01, subsection A.

C. Unless the court has confirmed the appointment pursuant to subsection D of this section, the incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse or the adult nearest in kinship to the incapacitated person may file a written objection to an appointment.  The filing of the written objection terminates the appointment.  An objection may be withdrawn and, if withdrawn, has no effect. The objection does not preclude judicial appointment of the person selected by the appointing parent or spouse.  Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment.  The court may treat the filing of an objection as a petition for the appointment of a temporary guardian pursuant to section 14-5310 or for the appointment of a limited or general guardian pursuant to section 14-5303 and proceed accordingly.

D. On petition of the appointing parent or spouse and a finding that the appointing parent or spouse will likely become unable to care for the incapacitated person within two years, before the appointment becomes effective, the court may confirm the appointing parent's or spouse's selection of a guardian and terminate the rights of others to object.  Notice must be given to the guardian and any other person entitled to notice of the acceptance of the appointment.
A.R.S. § 14-10904 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10904
14-10904 Duties at inception of trusteeship
Status: in_force

14-10904. Duties at inception of trusteeship

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements and other circumstances of the trust and with the requirements of this article.
A.R.S. § 14-4302 — Arizona Code / Title 14 / Chapter 4 / Article 3 / Section 4302
14-4302 Jurisdiction by act of decedent
Status: in_force

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.
A.R.S. § 14-11002 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11002
14-11002 Damages for breach of trust
Status: in_force

14-11002. Damages for breach of trust

A. Except as provided in section 14-7404, a trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of either:

1. The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred.

2. The profit the trustee made by reason of the breach.

B. Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees.  A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries.  A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
A.R.S. § 14-5504 — Arizona Code / Title 14 / Chapter 5 / Article 5 / Section 5504
14-5504 Revocation; termination; effect; notice
Status: in_force

14-5504. Revocation; termination; effect; notice

A. The death of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action taken in good faith pursuant to this subsection, unless otherwise invalid or unenforceable, binds successors in interest of the principal.

B. The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action taken in good faith pursuant to this subsection, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
A.R.S. § 14-3708 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3708
14-3708 Duty of personal representative; supplementary inventory
Status: in_force

14-3708. Duty of personal representative; supplementary inventory

If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information.
A.R.S. § 14-3901 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3901
14-3901 Successors' rights if no administration
Status: in_force

14-3901. Successors' rights if no administration

In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by allowance in lieu of homestead, exemption or intestacy may establish title thereto by proof of the decedent's ownership, his death and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption.
A.R.S. § 14-5701 — Arizona Code / Title 14 / Chapter 5 / Article 8 / Section 5701
14-5701 Fiduciary arrest warrants
Status: in_force

14-5701. Fiduciary arrest warrants

A. In an action or proceeding to enforce a court action in a case filed pursuant to this title or title 41, chapter 4, article 1, or on motion by a party or on its own motion, the court may issue a fiduciary arrest warrant if the court finds that all of the following apply to the person for whom the warrant is sought:

1. The person was ordered by the court to appear personally at a specific time and location.

2. The person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a fiduciary arrest warrant.

3. The person failed to appear as ordered.

B. The judicial officer shall order the fiduciary arrest warrant and the clerk shall issue the warrant.  The warrant shall contain the name of the person to be arrested and other information required to enter the warrant in the Arizona criminal justice information system.  The warrant shall command that the named person be arrested and either remanded to the custody of the sheriff or brought before the judicial officer or, if the judicial officer is absent or unable to act, before the nearest or most accessible judicial officer of the superior court in the same county.  The warrant issued pursuant to this section remains in effect until it is executed or extinguished by the court.

C. The warrant shall set forth a bond in a reasonable amount to guarantee the appearance of the arrested person or an order that the arrested person be held without bond until the arrested person is seen by a judicial officer.

D. A peace officer acting pursuant to a fiduciary arrest warrant has the same powers as if acting pursuant to a criminal arrest warrant.
A.R.S. § 14-5402 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5402
14-5402 Protective proceedings; jurisdiction of affairs of protected persons
Status: in_force

14-5402. Protective proceedings; jurisdiction of affairs of protected persons

After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:

1. Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated.

2. Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state shall be managed, expended or distributed to or for the use of the protected person, the protected person’s dependents or other claimants.

3. Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and questions of title concerning any estate asset.
A.R.S. § 14-7413 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7413
14-7413 Principal receipts
Status: in_force

14-7413. Principal receipts

A trustee shall allocate to principal:

1. To the extent not allocated to income under this article, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest or a payer under a contract naming the trust or its trustee as beneficiary.

2. Money or other property received from the sale, exchange, liquidation or change in form of a principal asset, including realized profit, subject to this article.

3. Amounts recovered from third parties to reimburse the trust because of disbursements described in section 14-7426, subsection A, paragraph 7 or for other reasons to the extent not based on the loss of income.

4. Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income.

5. Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income.

6. Other receipts as provided in sections 14-7417 through 14-7424.
A.R.S. § 14-5101 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5101
14-5101 Definitions
Status: in_force

14-5101. Definitions

In this title, unless the context otherwise requires:

1. "Contact" includes in-person contact, written communication and all forms of electronic communications.

2. "Contact order" means an order allowing contact between a ward and a person with a significant relationship to the ward.

3. "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.  In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if, on petition and after a hearing, the judicial officer determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02.

4. "Inpatient psychiatric facility" means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services.

5. "Investigator" means a person who is appointed by the court under section 14-5308.

6. "Joint legal decision-making" has the same meaning prescribed in section 25-401.

7. "Legal decision-making" has the same meaning prescribed in section 25-401.

8. "Minor ward" means a minor for whom a guardian has been appointed solely because of minority.

9. "Parenting time" has the same meaning prescribed in section 25-401.

10. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.

11. "Protected person" means a minor or any other person for whom a conservator has been appointed or any other protective order has been made.

12. "Protective proceeding" means a proceeding under section 14-5401 to determine that a person cannot effectively manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced, or because he is a minor, and to secure administration of his estate by a conservator or other appropriate relief.

13. "Psychologist" means a person licensed pursuant to title 32, chapter 19.1.

14. "Registered nurse" has the same meaning as prescribed in section 32-1601.

15. "Significant relationship" means the person either is related to the ward by blood or marriage or is a close friend of the ward as established by a history of pattern and practice.

16. "Visitation" has the same meaning prescribed in section 25-401.

17. "Ward" means a person for whom a guardian has been appointed.
A.R.S. § 14-6103 — Arizona Code / Title 14 / Chapter 6 / Article 1 / Section 6103
14-6103 Notice of death of settlor; filing claim against trust estate
Status: in_force

14-6103. Notice of death of settlor; filing claim against trust estate

A. After the death of the settlor the trustee of a nontestamentary trust may notify known creditors pursuant to section 14-3801, subsection B and may publish notice to creditors pursuant to section 14-3801, subsection A.

B. A claim against the trust estate that arose before the settlor's death, including claims of the state or any of its political subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred against the trust estate by any other statute of limitations or nonclaim statute, are barred against the trust estate, the trustee and the beneficiaries of the trust, unless presented within the time prescribed in the written notice for creditors who are given actual notice, or within the time prescribed in the published notice for creditors who are given notice by publication.

C. A claim under this section may be presented as follows:

1. The claimant may deliver or mail to the trustee a written statement of the claim indicating the information prescribed in section 14-3804.

2. If the trustee has distributed the trust estate to beneficiaries of the trust, the trustee shall mail or deliver the claim to any beneficiary that may be liable for the claim because of the receipt of trust assets by that beneficiary.

3. If a claim is presented in a timely manner, section 14-6102 applies.

D. The trustee is not liable to a creditor or to any beneficiary of the trust for giving or failing to give notice under this section.
A.R.S. § 14-10901 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10901
14-10901 Prudent investor rule
Status: in_force

14-10901. Prudent investor rule

A. Except as provided in subsection B, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule requirements of this article.

B. The prudent investor rule is a default rule and may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust.

C. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.
A.R.S. § 14-7654 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7654
14-7654 Transfer by gift or exercise of power of appointment
Status: in_force

14-7654. Transfer by gift or exercise of power of appointment

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 14-7659.
A.R.S. § 14-2207 — Arizona Code / Title 14 / Chapter 2 / Article 2 / Section 2207
14-2207 Rights of surviving spouse; waiver; requirements; effect
Status: in_force

14-2207. Rights of surviving spouse; waiver; requirements; effect

A. A surviving spouse may waive the person's homestead allowance, exempt property and family allowance rights in whole or in part either before or after marriage by a written contract, agreement or waiver that is signed by the surviving spouse.

B. A surviving spouse's waiver is not enforceable if the surviving spouse provides that either of the following is true:

1. That person did not execute the waiver voluntarily.

2. The waiver was unconscionable when it was executed and before its execution that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.

C. The issue of a waiver's unconscionability may only be decided by the court as a matter of law.

D. Unless it provides to the contrary, a waiver that contains the words "all rights" or equivalent language, in relation to the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce, is a waiver of all rights of homestead allowance, exempt property and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to each person from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
A.R.S. § 14-12105 — Arizona Code / Title 14 / Chapter 12 / Article 1 / Section 12105
14-12105 Cooperation between courts
Status: in_force

14-12105. Cooperation between courts

A. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

1. Hold an evidentiary hearing.

2. Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.

3. Order that an evaluation or assessment be made of the respondent.

4. Order any appropriate investigation of a person involved in a proceeding.

5. Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph 1 or any other proceeding, any evidence otherwise produced under paragraph 2, and any evaluation or assessment prepared in compliance with an order under paragraph 3 or 4.

6. Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.

7. Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 Code of Federal Regulations section 164.504, as amended.

B. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection A, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
A.R.S. § 14-2508 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2508
14-2508 Change of circumstances; effect on will
Status: in_force

14-2508. Change of circumstances; effect on will

Except as provided in sections 14-2803 and 14-2804, a change of circumstances does not revoke a will or any part of it.
A.R.S. § 14-11001 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11001
14-11001 Remedies for breach of trust
Status: in_force

14-11001. Remedies for breach of trust

A. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

B. Except as provided in section 14-7404, to remedy a breach of trust that has occurred or may occur, the court may:

1. Compel the trustee to perform the trustee's duties.

2. Enjoin the trustee from committing a breach of trust.

3. Compel the trustee to redress a breach of trust by paying money, restoring property or other means.

4. Order a trustee to account.

5. Appoint a special fiduciary to take possession of the trust property and administer the trust.

6. Suspend the trustee.

7. Remove the trustee as provided in section 14-10706.

8. Reduce or deny compensation to the trustee.

9. Subject to section 14-10706, void an act of the trustee, impose a lien or a constructive trust on trust property or trace trust property wrongfully disposed of and recover the property or its proceeds.

10. Order any other appropriate relief.
A.R.S. § 14-2111 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2111
14-2111 Effect of alienage on distribution of estate
Status: in_force

14-2111. Effect of alienage on distribution of estate

No person is disqualified to take as an heir because that person or a person through whom that person claims is or has been an alien.
A.R.S. § 14-10006 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10006
14-10006 Disclaimer of interest in property; definitions
Status: in_force

14-10006. Disclaimer of interest in property; definitions

A. Except for a disclaimer governed by section 14-10007 or 14-10008, the following rules apply to a disclaimer of an interest in property:

1. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the laws of intestate succession, as of the time of the intestate's death.

2. The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

3. If the instrument does not contain a provision described in paragraph 2 of this subsection:

(a) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.  However, if, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.

(b) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

4. On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

B. For the purposes of this section:

1. "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

2. "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
A.R.S. § 14-3931 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3931
14-3931 Formal proceedings terminating administration; testate or intestate; order of general protection
Status: in_force

14-3931. Formal proceedings terminating administration; testate or intestate; order of general protection

A. A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs and adjudicate the final settlement and distribution of the estate. Notice must be given to all interested persons, and a copy of the final account must also be sent to the distributees whose interests are affected thereby. After hearing the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing, approving or decreeing distribution of the estate and discharging the personal representative from further claim or demand of any interested person.

B. If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceedings determined this fact.
A.R.S. § 14-3804 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3804
14-3804 Manner of presentation of claims
Status: in_force

14-3804. Manner of presentation of claims

Claims against a decedent's estate may be presented as follows:

1. The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed. The claim is deemed presented on receipt of the written statement of claim by the personal representative. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.

2. The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death.

3. If a claim is presented under paragraph 1, no proceeding thereon may be commenced more than sixty days after the personal representative has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty day period, or to avoid injustice the court, on petition, may order an extension of the sixty day period, except no extension may run beyond the applicable statute of limitations.
A.R.S. § 14-5304.01 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5304.01
14-5304.01 Effect of appointment of guardian on privilege to operate a motor vehicle
Status: in_force

14-5304.01. Effect of appointment of guardian on privilege to operate a motor vehicle

A. On the appointment of a guardian, the court may determine that the ward's privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege.

B. If the court is presented with sufficient medical or other  evidence to establish that the ward's incapacity does not prevent the ward from safely operating a motor vehicle, it may decline to suspend the ward's privilege to obtain or retain a driver license and issue an order allowing the ward to obtain or retain a driver license.

C. The finding of interim incapacity pursuant to section 14-5310 does not cause the suspension of the ward's privilege to obtain or retain a driver license or to operate a motor vehicle pursuant to section 28-3153 unless the court also finds that the interim incapacity affects the ward's ability to safely operate a motor vehicle and that the privilege should be immediately suspended. In lieu of ordering the ward's driver license suspended, the court may order the ward not to drive a motor vehicle until the ward presents sufficient medical or other evidence to establish that the ward's interim incapacity does not affect the ward's ability to safely operate a motor vehicle.  The ward may present the medical or other evidence by motion to the court.  The court may rule on the motion without hearing if there are no objections to the motion.

D. A ward whose privilege to obtain or retain a driver license has been suspended or revoked by court order may file a request to terminate the suspension or revocation and reinstate the privilege. In reaching its decision the court shall consider medical evidence that the ward's incapacity does not prevent the ward from safely operating a motor vehicle and may consider other evidence, including a certificate of graduation from an accredited driving school with a recommendation that the ward should be extended driving privileges.  If the court grants the order terminating the suspension or revocation and reinstating the privilege, the ward may apply to the department of transportation for the issuance or reinstatement of a driver license and must comply with all applicable department rules.

E. An order terminating a temporary or permanent guardianship is an order terminating any incapacity previously adjudicated and vacates any previous orders suspending or revoking the person's privilege to obtain or retain a driver license. The person may apply to the department of transportation for the issuance or reinstatement of a driver license and must comply with all applicable department rules.
A.R.S. § 14-10501 — Arizona Code / Title 14 / Chapter 11 / Article 5 / Section 10501
14-10501 Rights of beneficiary's creditor or assignee; exception
Status: in_force

14-10501. Rights of beneficiary's creditor or assignee; exception

A. The court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or by other means. The court may limit the award to such relief as is appropriate under the circumstances.

B. This section does not apply and a trustee has no liability to any creditor of a beneficiary for any distributions made to or for the benefit of the beneficiary to the extent a beneficiary's interest is protected by a spendthrift provision or is a discretionary trust interest referred to in section 14-10504.
A.R.S. § 14-7667 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7667
14-7667 Liability to third persons
Status: in_force

14-7667. Liability to third persons

A. A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property or a tort committed during the custodianship may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable.

B. A custodian is not personally liable for either:

1. A contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract.

2. An obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

C. A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
A.R.S. § 14-2605 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2605
14-2605 Securities increase in value after death; effect; exception
Status: in_force

14-2605. Securities increase in value after death; effect; exception

A. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:

1. Securities of the same organization acquired by reason of action initiated by the organization or any successor, related or acquiring organization, excluding any acquired by exercise of purchase options.

2. Securities of another organization acquired as a result of any merger, consolidation, reorganization or other distribution by the organization or any successor, related or acquiring organization.

3. Securities of the same organization acquired as a result of a plan of reinvestment.

B. Distributions in cash before death with respect to a described security are not part of the devise.
A.R.S. § 14-5314 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5314
14-5314 Compensation of appointees; definitions
Status: in_force

14-5314. Compensation of appointees; definitions

A. If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, is entitled to reasonable compensation from the estate of the ward if the petition is granted, or from the petitioner if the petition is denied.

B. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner's failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, be paid either from the ward's estate or by the petitioner, depending on the facts and circumstances.  In making this determination, the court may consider any evidence it deems appropriate.

C. A lawyer who is employed by the guardian to represent the guardian in the guardian's appointment or duties as guardian is entitled to reasonable compensation from the ward's estate if the petition is granted.  If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner's failure to prosecute, the court may order that the compensation of the proposed guardian's lawyer be paid either from the ward's estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate.

D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a guardian is entitled to reasonable compensation from the ward's estate if the petition is granted.

E. If the court compensates the provider of a service, the court may charge the estate for the reasonable cost of the service and shall deposit these monies in the probate fund pursuant to section 14-5433.

F. If compensation by the ward or the petitioner is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem appointed in a guardianship proceeding.

G. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.

H. For the purposes of this section:

1. "Guardian" includes both a guardian and a temporary guardian.

2. "Petition" means a petition filed pursuant to section 14-5303, subsection A or section 14-5310, subsection A.

3. "Ward" includes an alleged incapacitated person.
A.R.S. § 14-3502 — Arizona Code / Title 14 / Chapter 3 / Article 5 / Section 3502
14-3502 Supervised administration; petition; order
Status: in_force

14-3502. Supervised administration; petition; order

A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. After notice to interested persons, the court shall order supervised administration of a decedent's estate:

1. If the decedent's will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration.

2. If the decedent's will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate.

3. In other cases if the court finds that supervised administration is necessary under the circumstances.
A.R.S. § 14-10204 — Arizona Code / Title 14 / Chapter 11 / Article 2 / Section 10204
14-10204 Venue
Status: in_force

14-10204. Venue

A. Except as otherwise provided in subsection B, venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.

B. If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.
A.R.S. § 14-11011 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11011
14-11011 Interest as general partner
Status: in_force

14-11011. Interest as general partner

A. Except to the extent that personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the uniform partnership act or the uniform limited partnership act.

B. A trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
A.R.S. § 14-3705 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3705
14-3705 Duty of personal representative; information to heirs and devisees
Status: in_force

14-3705. Duty of personal representative; information to heirs and devisees

Not later than thirty days after appointment every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information shall be delivered or sent by first class mail to each of the heirs and devisees whose address is reasonably available to the personal representative. If appointment is made in a formal proceeding, information under this section need not be given to persons given notice of the formal proceeding. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether a bond has been filed and describe the court where papers relating to the estate are on file. The personal representative's failure to give this information is a breach of the personal representative's duty to the persons concerned but does not affect the validity of the appointment or the personal representative's powers or other duties. A personal representative may inform other persons of the appointment by delivery or first class mail. The personal representative shall comply with the provisions of title 43, chapter 13.
A.R.S. § 14-12203 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12203
14-12203 Jurisdiction
Status: in_force

14-12203. Jurisdiction

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following is true:

1. This state is the respondent's home state.

2. On the date the petition is filed, this state is a significant-connection state and either:

(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum.

(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:

(i) A petition for an appointment or order is not filed in the respondent's home state.

(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding.

(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in section 14-12206, subsection C.

3. This state does not have jurisdiction under either paragraph 1 or 2 of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum and jurisdiction in this state is consistent with the constitutions of this state and the United States.

4. The requirements for special jurisdiction under section 14-12204 are met.
A.R.S. § 14-10110 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10110
14-10110 Others treated as qualified beneficiaries
Status: in_force

14-10110. Others treated as qualified beneficiaries

A. A charitable organization that is expressly and irrevocably designated to receive distributions under the terms of a charitable trust or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 14-10408 or 14-10409 has the rights of a qualified beneficiary under this chapter.

B. With respect to a charitable trust created on or after January 1, 2009 having its principal place of administration in this state, a trustee:

1. Within sixty days after the creation of a charitable trust, shall promptly furnish to the attorney general a copy of the portions of the charitable trust instrument that are necessary to describe the charitable purpose.

2. Within sixty days after accepting a trusteeship for a charitable trust, shall notify the attorney general of the acceptance and of the trustee's name, address and telephone number.

3. At least thirty days in advance, shall notify the attorney general of any of the following:

(a) Any change in the charitable trust's principal place of administration to another state.

(b) Any dissolution of the charitable trust.

(c) Any change in the charitable purpose of the charitable trust.

(d) Any court proceedings regarding the charitable trust.

(e) Any change in the method or rate of the trustee's compensation.

C. For the purposes of subsection B of this section, a "charitable trust" means a trust that is a qualified entity under section 501(c)(3) of the internal revenue code for tax exempt status under section 501(a) of the internal revenue code.
A.R.S. § 14-5404 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5404
14-5404 Original petition for appointment or protective order
Status: in_force

14-5404. Original petition for appointment or protective order

A. The person allegedly in need of protection, any person who is interested in that person's estate or affairs, including that person's parent, guardian or custodian, or any person who would be adversely affected by lack of effective management of that person's estate and affairs may petition for the appointment of a conservator or for any other appropriate protective order.

B. The petition shall set forth, at a minimum and to the extent known, all of the following:

1. The interest of the petitioner.

2. The name, age, residence and address of the person allegedly in need of protection.

3. The name, address and priority for appointment of the person whose appointment is sought.

4. The name and address of the guardian, if any, of the person allegedly in need of protection.

5. The name and address of the nearest relative of the person allegedly in need of protection known to the petitioner.

6. A general statement of the estate of the person allegedly in need of protection with an estimate of its value, including any compensation, insurance, pension or allowance to which the person is entitled.

7. The reason why appointment of a conservator or any other protective order is necessary.

8. Whether the person allegedly in need of protection is the principal under a durable power of attorney, and, if so, a copy of that durable power of attorney must be attached to the petition.

9. Whether the person allegedly in need of protection is the principal under a health care power of attorney in which the person nominates a conservator, and, if so, a copy of that health care power of attorney must be attached to the petition.

10. Whether the person allegedly in need of protection has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust.
A.R.S. § 14-3612 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3612
14-3612 Termination of appointment; change of testacy status
Status: in_force

14-3612. Termination of appointment; change of testacy status

Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in section 14-3401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.
A.R.S. § 14-2114 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2114
14-2114 Parent and child relationship; intestate succession; adopted children
Status: in_force

14-2114. Parent and child relationship; intestate succession; adopted children

A. Except as provided in subsections B and C of this section, for the purposes of intestate succession, a person is the child of that person's natural parents, regardless of their marital status. If this issue is in dispute the court shall establish that relationship under title 25, chapter 6, article 1.

B. An adopted person is the child of that person's adopting parent or parents and not of the natural parents. Adoption of a child by the spouse of either natural parent has no effect on the relationship between the child and that natural parent or on the right of the child or a descendant of the child to inherit from or through the other natural parent.

C. Inheritance from or through a child by either natural parent or the natural parent's kindred is precluded unless that natural parent has openly treated the child as a natural child and has not refused to support the child.
A.R.S. § 14-11010 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11010
14-11010 Limitation on personal liability of trustee
Status: in_force

14-11010. Limitation on personal liability of trustee

A. Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.

B. A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

C. A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
A.R.S. § 14-10015 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10015
14-10015 Recording of disclaimer
Status: in_force

14-10015. Recording of disclaimer

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and person to whom the property interest or power passes by reason of the disclaimer.
A.R.S. § 14-5108 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5108
14-5108 Guardianship of foreign citizens
Status: in_force

14-5108. Guardianship of foreign citizens

The court may appoint a guardian of an adult foreign citizen if all of the following are true:

1. The foreign citizen is under twenty-one years of age.

2. The foreign citizen has a temporary visa issued by the United States or is a legal permanent resident.
A.R.S. § 14-9102 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9102
14-9102 Custodial trust; general
Status: in_force

14-9102. Custodial trust; general

A. A person may create a custodial trust of property by a written transfer of the property to another person that is evidenced by registration or by another instrument of transfer, that is executed in any lawful manner, that names as beneficiary an individual who may be the transferor and that designates the transferee, in substance, as custodial trustee under this chapter.

B. A person may create a custodial trust of property by a written declaration that is evidenced by registration of the property or by another instrument of declaration executed in any lawful manner, that describes the property and that names as beneficiary an individual other than the declarant, and that designates the declarant as titleholder, in substance, as custodial trustee under this chapter.  A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.

C. Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.

D. Except as provided in subsection E, a transferor may not terminate a custodial trust.

E. The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination.  If not previously terminated, the custodial trust terminates on the death of the beneficiary.

F. Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter.

G. The transferor may designate or authorize the designation of a successor custodial trustee in the trust instrument.

H. This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
A.R.S. § 14-4205 — Arizona Code / Title 14 / Chapter 4 / Article 2 / Section 4205
14-4205 Powers
Status: in_force

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.
A.R.S. § 14-2607 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2607
14-2607 Specific devise; nonexoneration
Status: in_force

14-2607. Specific devise; nonexoneration

Subject to any mortgage interest existing at the date of death, a specific devise passes without right of exoneration, regardless of a general directive in the will to pay debts.
A.R.S. § 14-7424 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7424
14-7424 Asset-backed securities; definition
Status: in_force

14-7424. Asset-backed securities; definition

A. If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment that the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

B. If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate ten per cent of the payment to income and the balance to principal.

C. For the purposes of this section, "asset-backed security":

1. Means an asset whose value is based on the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security.

2. Includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return.

3. Does not include an asset to which section 14-7410 or 14-7418 applies.
A.R.S. § 14-9109 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9109
14-9109 Use of custodial trust property
Status: in_force

14-9109. Use of custodial trust property

A. A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit as much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.

B. If the beneficiary is incapacitated, the custodial trustee shall expend as much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income or property of the beneficiary.

C. A custodial trustee may establish checking, savings or other similar accounts of reasonable amounts that either the custodial trustee or the beneficiary may withdraw funds from or draw checks against. Funds withdrawn from or checks written against the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
A.R.S. § 14-4204 — Arizona Code / Title 14 / Chapter 4 / Article 2 / Section 4204
14-4204 Proof of authority and bond
Status: in_force

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.
A.R.S. § 14-12402 — Arizona Code / Title 14 / Chapter 12 / Article 4 / Section 12402
14-12402 Registration of protective orders
Status: in_force

14-12402. Registration of protective orders

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order, the letters of office and of any then current bond required by the appointing court.
A.R.S. § 14-10418 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10418
14-10418 Name change
Status: in_force

14-10418. Name change

The trustee may modify a trust agreement to change the name of the trustee or beneficiary if the trustee or beneficiary's name has been legally changed.
A.R.S. § 14-3407 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3407
14-3407 Formal testacy proceedings; burdens in contested cases
Status: in_force

14-3407. Formal testacy proceedings; burdens in contested cases

In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will, if they are also petitioners, have the burden of establishing prima facie proof of death and venue.  If a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.