A.R.S. § 14-10408 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10408
14-10408 Trust for care of animal
Status: in_force

14-10408. Trust for care of animal

A. A trust may be created to provide for the care of an animal alive during the settlor's lifetime.  The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal.

B. 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.  A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

C. 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. § 14-13101 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13101
14-13101 Short title
Status: in_force

14-13101. Short title

This chapter may be cited as the revised uniform fiduciary access to digital assets act.
A.R.S. § 14-9118 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9118
14-9118 Methods and forms for creating custodial trusts
Status: in_force

14-9118. Methods and forms for creating custodial trusts

A. If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section 14-9102 are satisfied by either:

1. The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:

Transfer under the Arizona

Uniform Custodial Trust Act

I, _______________ (name of transferor or name and representative capacity if a fiduciary), transfer to _______________ (name of trustee other than transferor), as custodial trustee for __________________ (name of beneficiary) as beneficiary and ________________ as distributee on termination of the trust in absence of direction by the beneficiary under the Arizona uniform custodial trust act, the following: ______________________________________________________ (insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).

Dated: _______________________

______________________________

(Signature).

2. The execution and the recording or giving notice of its execution to the beneficiary of an instrument in substantially the following form:

Declaration of Trust under the Arizona

Uniform Custodial Trust Act

I, __________________ (name of owner of property), declare that I hold as custodial trustee for ___________________ (name of beneficiary other than transferor) as beneficiary and ______________________ as distributee on termination of the trust in absence of direction by the beneficiary under the Arizona uniform custodial trust act, the following: _______________________________________________________________ (Insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).

Dated: _______________________

______________________________

(Signature)

B. Customary methods of transferring or evidencing ownership of property may be used to create a custodial trust, including any of the following:

1. Registration of a security in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

2. Delivery of a certificated security or a document necessary for the transfer of an uncertificated security, together with any necessary endorsement, to an adult other than the transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially the form prescribed in subsection A of this section.

3. Payment of money or transfer of a security held in the name of a broker or a financial institution or its nominee to a broker or financial institution for credit to an account in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

4. Registration of ownership of a life or endowment insurance policy or annuity contract with the issuer in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

5. Delivery of a written assignment to an adult other than the transferor or to a trust company whose name in the assignment is designated in substance by the words: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

6. Irrevocable exercise of a power of appointment, pursuant to its terms, in favor of a trust company, an adult other than the donee of the power or the donee who holds the power if the beneficiary is other than the donee, whose name in the appointment is designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

7. Delivery of a written notification or assignment of a right to future payment under a contract to an obligor that transfers the right under the contract to a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, whose name in the notification or assignment is designated in substance:  "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

8. Execution, delivery and recordation of a conveyance of an interest in real property in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance:  "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

9. Issuance of a certificate of title by an agency of a state or of the United States that evidences title to tangible personal property that is either:

(a) Issued in the name of a trust company, an adult other than the transferor or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

(b) Delivered to a trust company or an adult other than the transferor or endorsed by the transferor to that person, designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".

10. Execution and delivery of an instrument of gift to a trust company or an adult other than the transferor, designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes".
A.R.S. § 14-4203 — Arizona Code / Title 14 / Chapter 4 / Article 2 / Section 4203
14-4203 Resident creditor notice
Status: in_force

14-4203. Resident creditor notice

Payment or delivery under section 14-4201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
A.R.S. § 14-9115 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9115
14-9115 Reporting and accounting by custodial trustee; determination of liability of custodial trustee
Status: in_force

14-9115. Reporting and accounting by custodial trustee; determination of liability of custodial trustee

A. On the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property:

1. Once each year.

2. On request at reasonable times by the beneficiary or the beneficiary's legal representative.

3. On resignation or removal of the custodial trustee.

4. On termination of the custodial trust.  The statements must be provided to the beneficiary or to the beneficiary's legal representative, if any.  On termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.

B. A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.

C. A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.

D. In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account.  The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.

E. If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.

F. On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
A.R.S. § 14-2601 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2601
14-2601 Scope of article
Status: in_force

14-2601. Scope of article

In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a will.
A.R.S. § 14-2603 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2603
14-2603 Substitute gifts; class gifts; definitions
Status: in_force

14-2603. Substitute gifts; class gifts; definitions

A. If a devisee fails to survive the testator and is a grandparent, a descendant of a grandparent or a stepchild of either the testator or the donor of a power of appointment exercised by the testator's will, the following apply:

1. Except as provided in paragraph 3 of this subsection, if the devise is not in the form of a class gift and the deceased devisee leaves surviving descendants, a substitute gift is created in the devisee's surviving descendants and they take, by representation, the property to which the devisee would have been entitled if the devisee had survived the testator.

2. Except as provided in paragraph 3 of this subsection, if the devise is in the form of a class gift, other than a devise to issue, descendants, heirs of the body, heirs, next of kin, relatives or family or a class described by similar language, a substitute gift is created in the surviving descendants of the deceased devisee. The property to which the devisees would have been entitled if all of them had survived the testator passes to the surviving devisees and the surviving descendants of the deceased devisees. Each surviving devisee takes the share to which that person would have been entitled if the deceased devisees had survived the testator. Each deceased devisee's surviving descendants who are substituted for the deceased devisee take by representation the share to which the deceased devisee would have been entitled if the deceased devisee had survived the testator. For the purposes of this paragraph, "deceased devisee" means a class member who failed to survive the testator and left one or more surviving descendants.

3. If the will creates an alternative devise with respect to a devise for which a substitute gift is created by paragraph 1 or 2 of this subsection, the substitute gift is superseded by the alternative devise, whether or not an expressly designated devisee of the alternative devise is entitled to take under the will.

B. Unless the language that creates a power of appointment expressly prohibits the substitution of the appointee's descendants for the appointee, a surviving descendant of a deceased appointee can be substituted for the appointee, whether or not the descendant is an object of the power of appointment.

C. For the purposes of section 14-2601, words of survivorship, such as in a devise to an individual "if he survives me", or in a devise to "my surviving children", are, in the absence of clear and convincing evidence to the contrary, a sufficient indication of an intent contrary to the application of this section.

D. For the purposes of this section:

1. "Alternative devise" means a devise that is expressly created by the will and under the terms of the will can take effect instead of another devise on the happening of one or more events, including the survival of the testator or the failure to survive the testator, whether an event is expressed in condition-precedent, condition-subsequent or any other form. A residuary clause may constitute an alternative devise with respect to a nonresiduary devise, whether or not the will specifically provides that, on lapse or failure, the nonresiduary devise or nonresiduary devises in general pass under the residuary clause.

2. "Class member" includes a person who fails to survive the testator but who would have taken under a devise in the form of a class gift if that person had survived the testator.

3. "Devise" includes an alternative devise, a devise in the form of a class gift and an exercise of a power of appointment.

4. "Devisee" includes:

(a) A class member if the devise is in the form of a class gift.

(b) A person or class member who was deceased at the time the testator executed the will as well as a person or class member who was then living but who failed to survive the testator.

(c) An appointee under a power of appointment exercised by the testator's will.

5. "Stepchild" means a child of the surviving, deceased or former spouse of the testator or of the donor of a power of appointment and not of the testator or donor.

6. "Surviving devisee" or "surviving descendant" means a devisee or a descendant who neither predeceased the testator nor is deemed to have predeceased the testator under section 14-2702.

7. "Testator" includes the donee of a power of appointment if the power is exercised in the testator's will.
A.R.S. § 14-3973 — Arizona Code / Title 14 / Chapter 3 / Article 12 / Section 3973
14-3973 Small estates; summary administrative procedure
Status: in_force

14-3973. Small estates; summary administrative procedure

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 14-3974.
A.R.S. § 14-5307 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5307
14-5307 Substitution or resignation of guardian; termination of incapacity
Status: in_force

14-5307. Substitution or resignation of guardian; termination of incapacity

A. On petition of the ward or any person interested in the ward's welfare, or on the court's own initiative, the court shall substitute a guardian and appoint a successor if it is in the best interest of the ward.  The court does not need to find that the guardian acted inappropriately to find that the substitution is in the ward's best interest. The guardian and the guardian's attorney may be compensated from the ward's estate for defending against a petition for substitution only for the amount ordered by the court and on petition by the guardian or the guardian's attorney. When substituting a guardian and appointing a successor, the court may appoint an individual nominated by the ward if the ward is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.  On petition of the guardian, the court may accept a resignation and make any other order that may be appropriate.

B. The ward may petition the court for an order that the ward is no longer incapacitated or petition for substitution of the guardian at any time.  A request for this order may be made by informal letter to the court or judge.  A person who knowingly interferes with the transmission of this request may be found in contempt of court.

C. An interested person, other than the guardian or ward, shall not file a petition for adjudication that the ward is no longer incapacitated earlier than one year after the order adjudicating incapacity was entered unless the court permits it to be made on the basis of affidavits that there is reason to believe that the ward is no longer incapacitated.

D. An interested person, other than the guardian or ward, shall not file a petition to substitute a guardian earlier than one year after the order adjudicating incapacity was entered unless the court permits it to be made on the basis of affidavits that there is reason to believe that the current guardian will endanger the ward's physical, mental or emotional health if not substituted.

E. Before substituting a guardian, accepting the resignation of a guardian or ordering that a ward's incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send an investigator to the residence of the present guardian and to the place where the ward resides or is detained to observe conditions and report in writing to the court.

F. On termination of the incapacity, the supreme court shall transmit the order terminating the incapacity to the department of public safety. The department of public safety shall transmit the information to the national instant criminal background check system.
A.R.S. § 14-6306 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6306
14-6306 Effect of registration
Status: in_force

14-6306. Effect of registration

A. The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death.

B. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
A.R.S. § 14-5302 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5302
14-5302 Venue
Status: in_force

14-5302. Venue

The venue for guardianship proceedings for an incapacitated person is in the county where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
A.R.S. § 14-3971 — Arizona Code / Title 14 / Chapter 3 / Article 12 / Section 3971
14-3971 Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property
Status: in_force

14-3971. Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property

A. At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000, on being presented an affidavit made by or on behalf of the spouse stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and that no application or petition for the appointment of a personal representative is pending or has been granted in this state or, if granted, the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed.

B. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent on being presented an affidavit made by or on behalf of the successor and stating that all of the following are true:

1. Thirty days have elapsed since the death of the decedent.

2. Either:

(a) An application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000 as valued as of the date of death.

(b) The personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $200,000 as valued as of the date of the affidavit.

3. The claiming successor is entitled to payment or delivery of the property.

4. The funeral expenses and expenses of the last illness of the decedent have been paid.

C. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors on presentation of an affidavit pursuant to subsection B of this section.

D. The motor vehicle division shall transfer title of a motor vehicle from the decedent to the successor or successors on presentation of an affidavit as provided in subsection B of this section and on payment of the necessary fees.

E. Not sooner than six months after the death of a decedent, a person or persons claiming as successor or successors to the decedent's interest in real property, including any debt secured by a lien on real property, may file in the court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state then in any county in which real property of the decedent is located, an affidavit describing the real property and the interest of the decedent in that property and stating that all of the following are true and material and acknowledging that any false statement in the affidavit may subject the person or persons to penalties relating to perjury and subornation of perjury:

1. Either:

(a) An application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all real property in the decedent's estate located in this state, less liens and encumbrances against the real property, does not exceed $300,000 as valued at the date of death. The value of the decedent's interest in that real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property the value shall be determined by the unpaid principal balance due on the debt as of the date of death.

(b) The personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all real property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $300,000 as valued as of the date of the affidavit. The value of the decedent's interest in that real property is determined from the full cash value of the property as shown on the assessment rolls for the year in which the affidavit is given, except that if a debt is secured by a lien on real property, the value is determined by the unpaid principal balance due on the debt as of the date of the affidavit.

2. Six months have elapsed since the death of the decedent as shown in a certified copy of the decedent's death certificate attached to the affidavit.

3. Funeral expenses, expenses of the last illness and all unsecured debts of the decedent have been paid.

4. The person or persons signing the affidavit are entitled to the real property by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last will of the decedent, the original of which is attached to the affidavit or has been probated.

5. No other person has a right to the interest of the decedent in the described property.

6. No federal estate tax is due on the decedent's estate.

F. The normal filing fee shall be charged for the filing of an affidavit under subsection E of this section unless waived by the court as provided by section 12-301 or 12-302. On receipt of the affidavit and after determining that the affidavit is complete, the registrar shall issue a certified copy of the affidavit without attachments, and the copy shall be recorded in the office of the recorder in the county where the real property is located.

G. This section does not limit the rights of heirs and devisees under section 14-3901.
A.R.S. § 14-3609 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3609
14-3609 Termination of appointment; death or disability
Status: in_force

14-3609. Termination of appointment; death or disability

The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.
A.R.S. § 14-13112 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13112
14-13112 Disclosure of contents of electronic communications held in trust when trustee is not original user
Status: in_force

14-13112. Disclosure of contents of electronic communications held in trust when trustee is not original user

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust, if the trustee gives the custodian all of the following:

1. A written request for disclosure in physical or electronic form.

2. A certified copy of the trust instrument or a certification of the trust under section 14-11013 that includes consent to disclosure of the content of electronic communications to the trustee.

3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.

4. If requested by the custodian any of the following:

(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account.

(b) Evidence linking the account to the trust.
A.R.S. § 14-3912 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3912
14-3912 Private agreements among successors to decedent binding on personal representative
Status: in_force

14-3912. Private agreements among successors to decedent binding on personal representative

Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and expenses of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. This section does not relieve trustees of any duties owed to beneficiaries of trusts.
A.R.S. § 14-7662 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7662
14-7662 Care of custodial property; duties of custodian
Status: in_force

14-7662. Care of custodial property; duties of custodian

A. A custodian shall:

1. Take control of custodial property.

2. Register or record title to custodial property if appropriate.

3. Collect, hold, manage, invest and reinvest custodial property.

B. In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

C. A custodian may invest in or pay premiums on life insurance or endowment policies on either the life of the minor if the minor or the minor's estate is the sole beneficiary or the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian is the irrevocable beneficiary.

D. A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of certificated securities may be held on deposit at a stock brokerage firm or a financial institution registered in a street name or nominee name. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded either by registration or in an account designated, in the name of the custodian, followed in substance by the words, "as a custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act".

E. A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor is at least fourteen years of age.
A.R.S. § 14-7665 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7665
14-7665 Custodian's expenses, compensation and bond
Status: in_force

14-7665. Custodian's expenses, compensation and bond

A. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.

B. Except for a person who is a transferor pursuant to section 14-7654, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

C. Except as provided in section 14-7668, subsection F, a custodian need not give a bond.
A.R.S. § 14-6201 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6201
14-6201 Definitions
Status: in_force

14-6201. Definitions

In this article, unless the context otherwise requires:

1. "Account" means a contract of deposit between a depositor and a financial institution and includes a checking account, savings account, certificate of deposit and share account.

2. "Agent" means a person who is authorized to make account transactions for a party.

3. "Beneficiary" means a person to whom sums on deposit in an account are payable on request after the death of all parties or for whom a party is named as a trustee.

4. "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association and credit union.

5. "Multiple party account" means an account payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned.

6. "Party" means a person who, by the terms of an account and subject to a request, has a present right other than as a beneficiary or agent to payment from the account.

7. "Pay on death designation" or "POD" means the designation of:

(a) A beneficiary in an account payable on request to one party during the party's lifetime and on the party's death to one or more beneficiaries or to one or more parties during their lifetimes and on the death of all of them to one or more beneficiaries.

(b) A beneficiary in an account in the name of one or more parties as trustee for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the sums on deposit in the account, whether or not payment to the beneficiary is mentioned.

8. "Payment" or "payable" as it relates to sums on deposit includes withdrawal, payment to a party or third person pursuant to a check or any other request and a pledge of sums on deposit by a party, or any setoff, reduction or other disposition of all or part of an account pursuant to a pledge.

9. "Receive", as it relates to notice to a financial institution, means receipt in the office or branch office of the financial institution in which the account is established. If the terms of the account require notice at a particular place, receive means in the place required by those terms.

10. "Request" means a request for payment that complies with all terms of the account, including special requirements concerning necessary signatures and rules of the financial institution, and that, if terms of the account condition payment on advance notice, is treated as immediately effective. Request includes a notice of intent to withdraw.

11. "Sums on deposit" means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance and any deposit life insurance proceeds added to the account by reason of death of a party.

12. "Terms of the account" includes the deposit agreement and other terms and conditions of the contract of deposit and includes the contract form.
A.R.S. § 14-13110 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13110
14-13110 Disclosure of other digital assets of principal
Status: in_force

14-13110. Disclosure of other digital assets of principal

Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian all of the following:

1. A written request for disclosure in physical or electronic form.

2. An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal.

3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect.

4. If requested by the custodian any of the following:

(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.

(b) Evidence linking the account to the principal.
A.R.S. § 14-3908 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3908
14-3908 Distribution; right or title of distributee
Status: in_force

14-3908. Distribution; right or title of distributee

Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover under section 14-3909 the assets or their value if the distribution was improper.
A.R.S. § 14-9112 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9112
14-9112 Liability to third person
Status: in_force

14-9112. Liability to third person

A. A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property or a tort committed in the course of administering the custodial trust may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.

B. A custodial trustee is not personally liable to a third person:

1. On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract.

2. For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.

C. A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.

D. Subsections B and C do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
A.R.S. § 14-10507 — Arizona Code / Title 14 / Chapter 11 / Article 5 / Section 10507
14-10507 Personal obligations of trustee
Status: in_force

14-10507. Personal obligations of trustee

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
A.R.S. § 14-3109 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3109
14-3109 Statutes of limitation on decedent's cause of action
Status: in_force

14-3109. Statutes of limitation on decedent's cause of action

Upon the death of a person in whose favor there is a cause of action which has not been barred as of the date of his death, the limitation of the action ceases to run until a personal representative is appointed or until twelve months after the death, whichever first occurs, but shall not bar such action sooner than four months after death even if a personal representative is appointed earlier.
A.R.S. § 14-10806 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10806
14-10806 Trustee's skills
Status: in_force

14-10806. Trustee's skills

A trustee who has special skills or expertise, or who is named trustee in reliance on the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.
A.R.S. § 14-2403 — Arizona Code / Title 14 / Chapter 2 / Article 4 / Section 2403
14-2403 Exempt property; value; priority
Status: in_force

14-2403. Exempt property; value; priority

A. In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value that is not more than seven thousand dollars in excess of any security interests in that estate in the following:

1. Household furniture.

2. Automobiles.

3. Furnishings.

4. Appliances.

5. Personal effects.

B. If there is no surviving spouse the decedent's minor and dependent children are entitled jointly to the same value as prescribed in subsection A of this section.

C. If encumbered chattels are selected and the value in excess of security interests and that of other exempt property is less than seven thousand dollars or if there is not seven thousand dollars worth of exempt property in the estate, the spouse or minor or dependent children are entitled to any other assets of the estate to the extent necessary to make up the seven thousand dollar value.

D. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate except expenses of administration. The right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of the homestead allowance and family allowance. These rights are chargeable against any benefit or share passing to the surviving spouse or minor or dependent children by the decedent's will by a nonprobate transfer pursuant to section 14-6102 or by intestate succession, unless otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer.
A.R.S. § 14-10003 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10003
14-10003 Scope of chapter
Status: in_force

14-10003. Scope of chapter

This chapter applies to disclaimers of any interest in or power over property, whenever created.
A.R.S. § 14-7428 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7428
14-7428 Transfers from income to reimburse principal
Status: in_force

14-7428. Transfers from income to reimburse principal

A. If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

B. Principal disbursements to which subsection A of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

1. An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs.

2. A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments.

3. Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements and brokers' commissions.

4. Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments.

5. Disbursements described in section 14-7426, subsection A, paragraph 7.

C. If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection A of this section.
A.R.S. § 14-7407 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7407
14-7407 When right to income begins and ends
Status: in_force

14-7407. When right to income begins and ends

A. An income beneficiary is entitled to net income from the date on which the income interest begins.  An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

B. An asset becomes subject to a trust on any of the following dates:

1. The date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life.

2. The date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate.

3. The date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death.

C. An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection D, even if there is an intervening period of administration to wind up the preceding income interest.

D. An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.
A.R.S. § 14-3204 — Arizona Code / Title 14 / Chapter 3 / Article 2 / Section 3204
14-3204 Demand for notice of order or filing concerning decedent's estate
Status: in_force

14-3204. Demand for notice of order or filing concerning decedent's estate

Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate and the demandant's address or that of his attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section 14-1401 to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.
A.R.S. § 14-5308 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5308
14-5308 Court appointed investigators; qualifications; duties
Status: in_force

14-5308. Court appointed investigators; qualifications; duties

A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall have no personal interest in the proceedings.

B. The investigator shall conduct an investigation before the court appoints a guardian or a conservator to allow the court to determine the appropriateness of that appointment. As directed by the court, the investigator shall conduct additional investigations to determine if it is necessary to continue the appointment.

C. In conducting investigations the investigator shall:

1. Interview the alleged incapacitated person or the protected person and the proposed guardian or conservator.

2. Visit the alleged incapacitated person's or the protected person's current or proposed place of residence.

3. Interview nursing home or care home care givers and the home's manager or administrator.

4. Transport the alleged incapacitated person or the protected person as directed by the court.

D. In conducting interviews under this section the investigator may examine any court record, medical record or financial record that relates to the investigation.

E. As a condition of appointment as an investigator the court shall require the applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the applicant's suitability. The court shall submit the completed fingerprint card to the department of public safety. The department shall provide the applicant's criminal history record information to the court pursuant to section 41-1750. The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law.  The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check.

F. An investigator appointed by the court pursuant to sections 14-5303 and 14-5407, and any person or entity closely related to the investigator, shall not be appointed as a fiduciary, attorney or professional in the same case or for the same person who was the subject of the prior investigation unless otherwise ordered by the court for good cause. For the purposes of this subsection, "closely related" includes a spouse, child, parent, sibling, grandparent, aunt, uncle or cousin of the investigator and any business, partnership, corporation, limited liability company, trust or other entity that the investigator or a closely related person has a financial interest in, is employed by or receives compensation or financial benefit from.
A.R.S. § 14-3814 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3814
14-3814 Encumbered assets
Status: in_force

14-3814. Encumbered assets

If any assets of the estate are encumbered by mortgage, pledge, lien or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
A.R.S. § 14-6302 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6302
14-6302 Registration of securities; form
Status: in_force

14-6302. Registration of securities; form

Only a person whose registration of a security shows sole ownership by one person or multiple ownership by two or more persons with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship or as owners of community property held in survivorship form and not as tenants in common.
A.R.S. § 14-2404 — Arizona Code / Title 14 / Chapter 2 / Article 4 / Section 2404
14-2404 Family allowance; use; length; priority; termination by death
Status: in_force

14-2404. Family allowance; use; length; priority; termination by death

A. The decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration. This allowance shall not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children. Otherwise this allowance is payable to the children or to persons who have the care and custody of these children. If a minor child or a dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person who has the care and custody of the child and partially to the spouse, as their needs may appear.

B. The family allowance is exempt from and has priority over all claims except expenses of administration and except the homestead allowance.

C. The family allowance is chargeable against any benefit or share passing to the surviving spouse or children by the decedent's will, by a nonprobate transfer pursuant to section 14-6102 or by intestate succession unless otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer.

D. The death of a person entitled to the family allowance terminates the right to allowances not yet paid.
A.R.S. § 14-2109 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2109
14-2109 Advancements of property during lifetime; effect on distribution of estate
Status: in_force

14-2109. Advancements of property during lifetime; effect on distribution of estate

A. If a person dies intestate as to all or a portion of that person's estate, property the decedent gave during the decedent's lifetime to a person who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement or if the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.

B. For the purposes of this section, property advanced during the decedent's lifetime is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.

C. If the recipient of the property fails to survive the decedent the property is not taken into account in computing the division and distribution of the decedent's intestate estate unless the decedent's contemporaneous writing provides otherwise.
A.R.S. § 14-3904 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3904
14-3904 Interest on general pecuniary devise
Status: in_force

14-3904. Interest on general pecuniary devise

Unless a contrary intention is indicated by the will, general pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment.
A.R.S. § 14-5432 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5432
14-5432 Domiciliary foreign conservator; powers of local conservator
Status: in_force

14-5432. Domiciliary foreign conservator; powers of local conservator

If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located certified copies of his appointment and of any official bond he has given. Thereafter, he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon non-resident parties generally.
A.R.S. § 14-2301 — Arizona Code / Title 14 / Chapter 2 / Article 3 / Section 2301
14-2301 Entitlement of spouse; premarital will
Status: in_force

14-2301. Entitlement of spouse; premarital will

A. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an intestate share that is not less than the value of the share of the estate the spouse would have received if the testator had died intestate as to any portion of the testator's estate that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of that child or that passes under section 14-2603 or 14-2604 to that child or to a descendant of that child, unless:

1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse.

2. The will expresses the intention that it is to be effective notwithstanding any subsequent marriage.

3. The testator provided for the spouse by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.

B. In satisfying the share provided by subsection A of this section, any devises made by the will to the testator's surviving spouse are applied first. Other devises abate pursuant to section 14-3902 unless the devise is to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or is a devise or substitute gift under section 14-2603 or 14-2604 to a descendant of that child.
A.R.S. § 14-10413 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10413
14-10413 Cy pres
Status: in_force

14-10413. Cy pres

A. Except as otherwise provided in subsection B, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve or wasteful:

1. The trust does not fail in whole or in part.

2. The trust property does not revert to the settlor or the settlor's successors in interest.

3. The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed in whole or in part in a manner consistent with the settlor's charitable purposes.

B. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection A to apply cy pres to modify or terminate the trust only if, when the provision takes effect:

1. The trust property is to revert to the settlor and the settlor is still living.

2. Fewer than twenty-one years have elapsed since the date of the trust's creation.
A.R.S. § 14-10102 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10102
14-10102 Scope
Status: in_force

14-10102. Scope

This chapter applies to express trusts, charitable or noncharitable trusts and trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust.
A.R.S. § 14-3914 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3914
14-3914 Disposition of unclaimed assets
Status: in_force

14-3914. Disposition of unclaimed assets

A. If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, otherwise in cash to the department of revenue for deposit, pursuant to sections 35-146 and 35-147, in the permanent school fund.

B. If a person later appears and claims as the missing person, he shall proceed in the same manner as an heir, devisee or legatee claiming escheated property under sections 12-886 and 12-887.
A.R.S. § 14-9119 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9119
14-9119 Applicable law
Status: in_force

14-9119. Applicable law

A. This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state.  The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary or custodial trustee, or removal of the custodial trust property from this state.

B. A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in this state.
A.R.S. § 14-2901 — Arizona Code / Title 14 / Chapter 2 / Article 9 / Section 2901
14-2901 Nonvested property interest; general power of appointment; validity; exception
Status: in_force

14-2901. Nonvested property interest; general power of appointment; validity; exception

A. A nonvested property interest is invalid unless at least one of the following is true:

1. At the time the interest is created it is certain to vest or to terminate not later than twenty-one years after the death of a person who is then alive.

2. The interest either vests or terminates within five hundred years after its creation.

3. The interest is under a trust whose trustee has the expressed or implied power to sell the trust assets and at one or more times after the creation of the interest one or more persons who are living when the trust is created have an unlimited power to terminate the interest.

B. A general power of appointment that is not presently exercisable because of a condition precedent is invalid unless any of the following is true:

1. At the time the power is created the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one years after the death of a person who is then alive.

2. The condition precedent either is satisfied or becomes impossible to satisfy within five hundred years after its creation.

3. The power is with respect to an interest under a trust whose trustee has the expressed or implied power to sell the trust assets and at one or more times after the creation of the interest one or more persons who are living when the trust is created have an unlimited power to terminate the interest.

C. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless at least one of the following is true:

1. At the time the power is created it is certain to be irrevocably exercised or otherwise to terminate not later than twenty-one years after the death of a person who is then alive.

2. The power is irrevocably exercised or otherwise terminates within five hundred years after its creation.

3. The power is with respect to an interest under a trust whose trustee has the expressed or implied power to sell the trust assets and at one or more times after the creation of the interest one or more persons who are living when the trust is created have an unlimited power to terminate the interest.

D. In determining whether a nonvested property interest or a power of appointment is valid under subsection A, paragraph 1, subsection B, paragraph 1 or subsection C, paragraph 1, the possibility that a child will be born to a person after that person's death is disregarded.

E. If the governing instrument seeks to do either of the following after the expiration of the latest period described by subsection A, B or C, that language is inoperative to the extent it produces a period of time that exceeds five hundred years after the creation of the trust:

1. Disallow the vesting or termination of an interest or trust beyond that time.

2. Postpone the vesting or termination of an interest or trust until that time.
A.R.S. § 14-1307 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1307
14-1307 Registrar; powers
Status: in_force

14-1307. Registrar; powers

The acts and orders which this title specifies as performable by the registrar shall be performed by a judge, the clerk of the court, a court commissioner or any of such at the selection of the presiding judge of the county designated by the court by a written order filed and recorded in the office of the clerk of the court.
A.R.S. § 14-10813 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10813
14-10813 Duty to inform and report
Status: in_force

14-10813. Duty to inform and report

A. Unless the trust instrument provides otherwise, a trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless the trustee determines that it is unreasonable under the circumstances to do so, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust.

B. A trustee:

1. On request of a beneficiary, shall promptly furnish to the beneficiary a copy of the portions of the trust instrument that are necessary to describe the beneficiary's interest.

2. Within sixty days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address and telephone number.

3. Within sixty days after the date the trustee acquires knowledge of the creation of an irrevocable trust or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the trustee's name, address and telephone number, of the right to request a copy of the relevant portions of the trust instrument and of the right to a trustee's report as provided in subsection C of this section.

4. Shall notify the qualified beneficiaries at least thirty days in advance of any change in the method or rate of the trustee's compensation.

C. A trustee shall send to the distributees or permissible distributees of trust income or principal and to other beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values.  On a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee. A personal representative, conservator or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.

D. A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.

E. Subsection B, paragraphs 2 and 3 of this section apply only to a trustee who accepts a trusteeship on or after January 1, 2009, to an irrevocable trust created on or after January 1, 2009 and to a revocable trust that becomes irrevocable on or after January 1, 2009.

F. Except for the notice requirement in subsection B, paragraph 2 of this section, for the purposes of this section, a person is not a qualified beneficiary, distributee or other beneficiary who requests a report pursuant to subsection C of this section solely because the person is or would be entitled under the terms of the trust instrument to one or more specific distributions of property that already have been made to the person or have otherwise been satisfied.
A.R.S. § 14-3910 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3910
14-3910 Purchasers from distributees or transferees protected
Status: in_force

14-3910. Purchasers from distributees or transferees protected

If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any person interested in the estate and incurs no personal liability to the estate, whether or not the distribution was proper or supported by court order and whether or not the authority of the personal representative was terminated prior to execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who as personal representative has executed a deed of distribution to himself, as well as from any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated prior to the distribution.
A.R.S. § 14-10820 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10820
14-10820 Fiduciaries; service as trustee; limitation
Status: in_force

14-10820. Fiduciaries; service as trustee; limitation

A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as a trustee in any capacity unless the person is related to the beneficiary by blood, adoption or marriage.  This prohibition does not apply if the person's license has been reinstated and is in good standing.
A.R.S. § 14-6310 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6310
14-6310 Registrations; terms, conditions and forms
Status: in_force

14-6310. Registrations; terms, conditions and forms

A. A registering entity that offers to accept registrations in beneficiary form may establish the terms and conditions under which it will receive and implement these requests as well as requests for cancellation of previously registered transfer on death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death.

B. The registering entity may indicate a beneficiary substitution by appending to the name of the primary beneficiary the letters "LDPS" or the words "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to survive, with the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate.

C. Other forms of identifying beneficiaries who are to take on one or more contingencies and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions.

D. The following are illustrations of registrations in beneficiary form that a registering entity may authorize:

1. Sole owner-sole beneficiary by John S Brown TOD (or POD) John S Brown Jr.

2. Multiple owners-sole beneficiary by John S Brown Mary B Brown JT TEN TOD John S Brown Jr.

3. Multiple owners-primary and secondary (substituted) beneficiaries by either:

(a) John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown.

(b) John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
A.R.S. § 14-10811 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10811
14-10811 Enforcement and defense of claims
Status: in_force

14-10811. Enforcement and defense of claims

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
A.R.S. § 14-12204 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12204
14-12204 Special jurisdiction
Status: in_force

14-12204. Special jurisdiction

A. A court of this state lacking jurisdiction under section 14-12203 has special jurisdiction to do any of the following:

1. Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state.

2. Issue a protective order with respect to real or tangible personal property located in this state.

3. Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 14-12301.

B. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
A.R.S. § 14-7670 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7670
14-7670 Termination of custodianship
Status: in_force

14-7670. Termination of custodianship

The custodian shall transfer in an appropriate manner the custodial property to the minor or the minor's estate on the earlier of:

1. The minor's twenty-first birthday with respect to custodial property transferred pursuant to section 14-7654 or 14-7655.

2. The minor's eighteenth birthday with respect to custodial property transferred pursuant to section 14-7656 or 14-7657.

3. The minor's death.
A.R.S. § 14-7669 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7669
14-7669 Accounting by and determination of liability of custodian
Status: in_force

14-7669. Accounting by and determination of liability of custodian

A. A minor who is at least fourteen years of age, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court for an accounting by the custodian or the custodian's legal representative or for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action pursuant to section 14-7667 to which the minor or the minor's legal representative was a party.

B. A successor custodian may petition the court for an accounting by the predecessor custodian.

C. The court, in a proceeding under this article or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.

D. If a custodian is removed pursuant to section 14-7668, subsection F, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
A.R.S. § 14-7425 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7425
14-7425 Disbursements from income
Status: in_force

14-7425. Disbursements from income

A trustee shall make the following disbursements from income to the extent that they are not disbursements to which section 14-7405, paragraph 2, subdivision (b) or (c) applies:

1. One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee, whether based on a percentage of income or principal, a fixed amount or an hourly charge.

2. One-half of all expenses for accountings, regularly recurring income tax preparation services, judicial proceedings or other matters that involve both the income and remainder interests.

3. All of the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal and expenses of a proceeding or other matter that concerns primarily the income interest.

4. Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
A.R.S. § 14-12209 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12209
14-12209 Proceedings in more than one state
Status: in_force

14-12209. Proceedings in more than one state

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 14-12204, subsection A, paragraph 1 or 2, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

1. If the court in this state has jurisdiction under section 14-12203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to those prescribed in section 14-12203 before the appointment or issuance of the order.

2. If the court in this state does not have jurisdiction under section 14-12203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
A.R.S. § 14-6222 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6222
14-6222 Multiple party accounts; payment; proof of death and survivorship
Status: in_force

14-6222. Multiple party accounts; payment; proof of death and survivorship

A financial institution, on request, may pay sums on deposit on a multiple party account to:

1. One or more of the parties, whether or not another party is a party with disabilities, incapacitated or deceased when payment is requested and whether or not the party making the request survives another party.

2. The personal representative, or, if there is none, the heirs or devisees of a deceased party who present an affidavit in compliance with section 14-3971, subsection B and proof of death to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary, unless the account is without right of survivorship under section 14-6212.
A.R.S. § 14-6211 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6211
14-6211 Ownership of accounts
Status: in_force

14-6211. Ownership of accounts

A. During the lifetime of all parties an account belongs to the parties in proportion to the net contribution of each to the sums on deposit unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.

B. A beneficiary in an account having a pay on death designation has no right to sums on deposit during the lifetime of any party.

C. An agent in an account with an agency designation has no beneficial right to sums on deposit.

D. For the purposes of subsection A of this section, "net contribution" means the sum of all deposits to an account made by or for the party, less all payments from the account that are made to or for the party and that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. Net contribution includes deposit life insurance proceeds added to the account by reason of the death of the party whose net contribution is in question.
A.R.S. § 14-2608 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2608
14-2608 Exercise of power of appointment
Status: in_force

14-2608. Exercise of power of appointment

In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to that power, a general residuary clause in a will or a will making general disposition of all of the testator's property expresses an intention to exercise a power of appointment held by the testator only if the power is a general power and the creating instrument does not contain a gift if the power is not exercised or the testator's will manifests an intention to include the property subject to the power.
A.R.S. § 14-10818 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10818
14-10818 Trust protector
Status: in_force

14-10818. Trust protector

A. A trust instrument may provide for the appointment of a trust protector.  For the purposes of this section, a person designated in the instrument with a status or title, other than that of a beneficiary, with powers similar to those specified in subsection B of this section, or designated in the instrument as a trust protector, is a trust protector, except to the extent otherwise provided in the trust instrument.

B. A trust protector appointed by the trust instrument has the powers, delegations and functions conferred on the trust protector by the trust instrument. These powers, delegations and functions may include the following, which do not limit what powers, delegations and functions may be granted to the trust protector:

1. Remove and appoint a trustee.

2. Modify or amend the trust instrument for any valid purpose or reason, including, without limitation, to achieve favorable tax status or to respond to changes in the internal revenue code or state law, or the rulings and regulations under that code or law.

3. Increase, decrease, modify or restrict the interests of any beneficiary of the trust.

4. Modify the terms of a power of appointment granted by the trust.

5. Change the applicable law governing the trust.

C. Except to the extent otherwise specifically provided in the trust instrument, a modification authorized under subsection B of this section may not:

1. Grant a beneficial interest to an individual or a class of individuals unless the individual or class of individuals is specifically provided for under the trust instrument.

2. Modify the beneficial interest of a governmental unit in a special needs trust.

D. Any provision of this title to the contrary, but except to the extent otherwise provided by the trust instrument, a trust protector is not a trustee or fiduciary and is not liable or accountable as a trustee or fiduciary because of an act or omission of the trust protector when performing or failing to perform the duties of a trust protector under the trust instrument. This subsection does not apply to trusts that become irrevocable before January 1, 2009 if the trust instrument allows the settlor to remove and replace the trust protector.

E. The exercise of the power pursuant to subsection B of this section is the exercise of a special power of appointment.
A.R.S. § 14-7664 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7664
14-7664 Use of custodial property
Status: in_force

14-7664. Use of custodial property

A. A custodian may deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to either the duty or ability of the custodian personally or of any other person to support the minor or any other income or property of the minor which may be applicable or available for that purpose.

B. On petition of an interested person or the minor if the minor is at least fourteen years of age, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the court considers advisable for the use and benefit of the minor.

C. A delivery, payment or expenditure made pursuant to this section does not affect an obligation of a person to support the minor.
A.R.S. § 14-1302 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1302
14-1302 Subject matter jurisdiction
Status: in_force

14-1302. Subject matter jurisdiction

A. To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to:

1. Estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons.

2. Protection of minors and incapacitated persons.

3. Trusts.

B. The court has general jurisdiction to make orders, judgments and decrees and take all other action necessary and proper to administer justice in the matters which come before it including jurisdiction to:

1. Enforce orders against a fiduciary by contempt proceedings.

2. Compel action by a fiduciary by body attachment.

3. Hear and determine related claims by or against fiduciaries, protected persons or incapacitated persons by or against third parties, including claims for malpractice, breach of contract, personal injury, wrongful death, quiet title and breach of fiduciary duty.
A.R.S. § 14-5418 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5418
14-5418 Inventory and records
Status: in_force

14-5418. Inventory and records

A. Within ninety days after appointment, a conservator shall prepare and file with the court an inventory of the assets of the protected person on the date of the conservator's appointment, listing it with reasonable detail and indicating the fair market value of each asset as of the date of appointment.  The conservator shall attach to the inventory a copy of the protected person's consumer credit report from a credit reporting agency that is dated within ninety days before the filing of the inventory.

B. The conservator shall provide a copy of the inventory to the protected person if the protected person can be located, has attained fourteen years of age, and has sufficient mental capacity to understand these matters, and to any parent or guardian with whom the protected person resides.  The conservator shall keep suitable records of the conservator's administration and exhibit the records on request of any interested person.

C. Unless otherwise ordered by the court, a person who is entitled to notice of the conservator's annual account pursuant to section 14-5419, subsection C may request in writing that the conservator do one of the following not more than once every thirty days:

1. Allow the person to view the protected person's financial records, the conservator's billing statements, the billing statements of the conservator's attorney or other records related to the protected person under the conservator's control.

2. Provide the requesting person with copies of these documents.  Unless otherwise ordered by the court, the conservator shall allow the person to view or provide copies of the requested documents to the person as soon as practicable but no later than thirty days after receiving the request.  The requesting party must pay reasonable copying costs.

3. Provide a report of receipts and disbursements of the conservatorship.
A.R.S. § 14-5414.01 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5414.01
14-5414.01 State veterans' conservatorship fund
Status: in_force

14-5414.01. State veterans' conservatorship fund

A. The state veterans' conservatorship fund is established.

B. All conservatorship monies collected pursuant to section 14-5414, subsection G shall be deposited, pursuant to sections 35-146 and 35-147, by the department of veterans' services in the state veterans' conservatorship fund. On notice from the department of veterans' services, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 14-10008 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10008
14-10008 Disclaimer of interest by trustee
Status: in_force

14-10008. Disclaimer of interest by trustee

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
A.R.S. § 14-2113 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2113
14-2113 Heirs related to decedent through two lines; single share
Status: in_force

14-2113. Heirs related to decedent through two lines; single share

A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the person to the larger share.
A.R.S. § 14-10801 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10801
14-10801 Duty to administer trust
Status: in_force

14-10801. Duty to administer trust

On acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with this chapter.
A.R.S. § 14-3713 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3713
14-3713 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
Status: in_force

14-3713. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions

Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless either:

1. The will or a contract entered into by the decedent expressly authorized the transaction.

2. The transaction is approved by the court after notice to interested persons.
A.R.S. § 14-3706 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3706
14-3706 Duty of personal representative; inventory and appraisement
Status: in_force

14-3706. Duty of personal representative; inventory and appraisement

A. Within ninety days after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, its nature as community or separate property and the type and amount of any encumbrance that may exist with reference to any item.

B. The personal representative may file the original of the inventory with the court and send a copy of the inventory only to interested persons who request it; or, if he elects not to file the inventory with the court, he must deliver or mail a copy of the inventory to each of the heirs in an intestate estate, or to each of the devisees if a will has been probated, and to any other interested persons who request it.
A.R.S. § 14-10403 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10403
14-10403 Trusts created in other jurisdictions
Status: in_force

14-10403. Trusts created in other jurisdictions

A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation, either:

1. The settlor was domiciled, had a place of abode or was a national.

2. A trustee was domiciled or had a place of business.

3. Any trust property was located.
A.R.S. § 14-3805 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3805
14-3805 Priority of claims
Status: in_force

14-3805. Priority of claims

A. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

1. Costs and expenses of administration.

2. Reasonable funeral expenses.

3. Debts and taxes with preference under federal law.

4. Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him.

5. Debts and taxes with preference under the laws of this state.

6. All other claims.

B. No preference shall be given in the payment of any claim over any other claim of the same class and a claim due and payable shall not be entitled to a preference over claims not due.
A.R.S. § 14-2503 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2503
14-2503 Holographic will
Status: in_force

14-2503. Holographic will

A will that does not comply with section 14-2502 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
A.R.S. § 14-7410 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7410
14-7410 Character of receipts; definition
Status: in_force

14-7410. Character of receipts; definition

A. Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.

B. A trustee shall allocate the following receipts from an entity to principal:

1. Property other than money.

2. Money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity.

3. Money received in total or partial liquidation of the entity.

4. Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

C. Money is received in partial liquidation either:

1. To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation.

2. If the total amount of money and property received in a distribution or series of related distributions is greater than twenty per cent of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt.

D. Money is not received in partial liquidation, nor may it be taken into account under subsection C, paragraph 2 of this section to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.

E. A trustee may rely on a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or another person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors.

F. For the purposes of this section, "entity" means any corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund or other organization in which a trustee has an interest, other than a trust or estate to which section 14-7411 applies, a business or activity to which section 14-7412 applies or an asset-backed security to which section 14-7424 applies.
A.R.S. § 14-2105 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2105
14-2105 Unclaimed estate; passage to state
Status: in_force

14-2105. Unclaimed estate; passage to state

If no one is qualified to claim the estate under this article, the intestate estate passes to the state.
A.R.S. § 14-7656 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7656
14-7656 Other transfer by fiduciary
Status: in_force

14-7656. Other transfer by fiduciary

A. Pursuant to subsection C of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 14-7659 in the absence of a will or under a will or trust that does not contain an authorization to do so.

B. Pursuant to subsection C of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 14-7659.

C. A transfer pursuant to subsection A or B of this section may be made only if all of the following apply:

1. The personal representative, trustee or conservator considers the transfer to be in the best interest of the minor.

2. The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument.

3. The transfer is authorized by the court if it exceeds ten thousand dollars in value.
A.R.S. § 14-5103 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5103
14-5103 Facility of payment or delivery
Status: in_force

14-5103. Facility of payment or delivery

A. Any person under a duty to pay or deliver money or personal property to a minor, including monies related to the settlement of a civil claim, may perform this duty, in amounts not exceeding ten thousand dollars per annum, by paying or delivering the money or property to any of the following:

1. The minor, if the minor is married.

2. Any person having the care and custody of the minor and with whom the minor resides.

3. The guardian of the minor.

4. A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.

B. This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.

C. The persons, other than the minor or any financial institution under subsection A, paragraph 4, receiving money or property for a minor are obligated to protect and preserve the money and property unless there are not sufficient resources available to provide for the minor's needs. In that event they shall apply funds as are necessary to the support and education of the minor but shall not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support.

D. Any balance not used and any property received for the minor shall be turned over to the minor when the minor attains majority. Within three years after the minor attains majority, the person may require an accounting.

E. Persons who pay or deliver in accordance with this section are not responsible for its proper application.
A.R.S. § 14-10009 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10009
14-10009 Disclaimer of power of appointment or other power not held in fiduciary capacity
Status: in_force

14-10009. Disclaimer of power of appointment or other power not held in fiduciary capacity

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

2. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

3. The instrument creating the power is construed as if the power expired when the disclaimer became effective.
A.R.S. § 14-2706 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2706
14-2706 Failure of beneficiary to survive decedent; effect; protection from liability; third parties; definitions
Status: in_force

14-2706. Failure of beneficiary to survive decedent; effect; protection from liability; third parties; definitions

A. If a beneficiary fails to survive the decedent and is a grandparent, a descendant of a grandparent or a stepchild of the decedent, the following apply:

1. Except as provided in paragraph 4 of this subsection, if the beneficiary designation is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary's surviving descendants. They take by representation the property to which the beneficiary would have been entitled if the beneficiary had survived the decedent.

2. Except as provided in paragraph 4 of this subsection, if the beneficiary designation is in the form of a class gift, other than a beneficiary designation to issue, descendants, heirs of the body, heirs, next of kin, relatives, or family, or a class described by similar language, a substitute gift is created in the surviving descendants of any deceased beneficiary. The property to which the beneficiaries would have been entitled if all of them had survived the decedent passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which that beneficiary would have been entitled if the deceased beneficiaries had survived the decedent. Each deceased beneficiary's surviving descendants who are substituted for the deceased beneficiary take by representation the share to which the deceased beneficiary would have been entitled if the deceased beneficiary had survived the decedent. For the purposes of this paragraph, "deceased beneficiary" means a class member who failed to survive the decedent and who left one or more surviving descendants.

3. Words of survivorship, such as in a beneficiary designation to an individual "if he survives me" or in a beneficiary designation to "my surviving children" are, in the absence of clear and convincing evidence to the contrary, a sufficient indication of an intent contrary to the application of this section.

4. If a governing instrument creates an alternative beneficiary designation with respect to a beneficiary designation for which a substitute gift is created by paragraph 1 or 2 of this subsection, the substitute gift is superseded by the alternative beneficiary designation, whether or not an expressly designated beneficiary of the alternative beneficiary designation is entitled to take.

B. A payor is protected from liability in making payments under the terms of the beneficiary designation until the payor has received written notice of a claim to a substitute gift under this section. Payment made before the receipt of written notice of a claim to a substitute gift under this section discharges the payor, but not the recipient, from all claims for the amounts paid. A payor is liable for a payment made after the payor has received written notice of the claim. A recipient is liable for a payment received, whether or not written notice of the claim is given.

C. The written notice of the claim must be mailed to the payor's main office or home by certified mail, return receipt requested, or served on the payor in the same manner as a summons in a civil action. On receipt of written notice of the claim, a payor may pay any amount owed by it to the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the monies and, on its determination under this section, shall order disbursement in accordance with the determination. Payment made to the court discharges the payor from all claims for the amounts paid.

D. A person who purchases property for value and without notice or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation is neither obligated under this section to return the payment, item of property or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. However, a person who, not for value, receives a payment, an item of property or any other benefit to which the person is not entitled under this section is obligated to return the payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who is entitled to it under this section.

E. For the purposes of this section:

1. "Alternative beneficiary designation" means a beneficiary designation that is expressly created by the governing instrument and, under the terms of the governing instrument, can take effect instead of another beneficiary designation on the happening of one or more events, including survival of the decedent or failure to survive the decedent, whether an event is expressed in condition-precedent, condition-subsequent or any other form.

2. "Beneficiary" means the beneficiary of a beneficiary designation and includes a class member if the beneficiary designation is in the form of a class gift and also includes a person or class member who was deceased at the time the beneficiary designation was executed as well as a person or class member who was then living but who failed to survive the decedent.

3. "Beneficiary designation" includes an alternative beneficiary designation and a beneficiary designation in the form of a class gift.

4. "Class member" includes a person who fails to survive the decedent but who would have taken under a beneficiary designation in the form of a class gift if that person had survived the decedent.

5. "Stepchild" means a child of the decedent's surviving, deceased or former spouse and not of the decedent.

6. "Surviving beneficiary" or "surviving descendant" means a beneficiary or a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 14-2702.
A.R.S. § 14-10416 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10416
14-10416 Modification to achieve settlor's tax objectives
Status: in_force

14-10416. Modification to achieve settlor's tax objectives

To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention.  The court may provide that the modification has retroactive effect.
A.R.S. § 14-7402 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7402
14-7402 Fiduciary duties; general principles
Status: in_force

14-7402. Fiduciary duties; general principles

A. In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of sections 14-7405 through 14-7409, a fiduciary:

1. Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this article.

2. May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this article.

3. Shall administer a trust or estate in accordance with this article if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration.

4. Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this article do not provide a rule for allocating the receipt or disbursement to or between principal and income.

B. In exercising the power to adjust under section 14-7403, subsection A or a discretionary power of administration regarding a matter within the scope of this article, whether granted by the terms of a trust, a will or this article, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries.  A determination in accordance with this article is presumed to be fair and reasonable to all of the beneficiaries.
A.R.S. § 14-13109 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13109
14-13109 Disclosure of content of electronic communications of principal
Status: in_force

14-13109. Disclosure of content of electronic communications of principal

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian all of the following:

1. A written request for disclosure in physical or electronic form.

2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.

3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect.

4. If requested by the custodian any of the following:

(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.

(b) Evidence linking the account to the principal.
A.R.S. § 14-6307 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6307
14-6307 Ownership on death of owner
Status: in_force

14-6307. Ownership on death of owner

A. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of the death of all of the owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners.

B. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common.

C. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
A.R.S. § 14-2519 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2519
14-2519 Self-proved electronic will
Status: in_force

14-2519. Self-proved electronic will

A. In addition to the requirements of section 14-2504, to be self-proved, an electronic will must meet all of the following requirements:

1. Contain the electronic signature and electronic seal of a notary public placed on the will in accordance with applicable law.

2. Designate a qualified custodian to maintain custody of the electronic will.

3. Before being offered for probate or being reduced to a certified paper original, be under the exclusive control of a qualified custodian at all times.

B. Notwithstanding section 14-2504, subsection B, the affidavits for an attested self-proving electronic will shall be in substantially the following form:

We, ______________, _______________ and _______________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn do declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that he/she signed willingly, or willingly directed another to sign for him/her, and that he/she executed it as his/her free and voluntary act for the purposes expressed in this document, and that each of the witnesses, in the physical or electronic presence and hearing of the testator, signed the will as witness and that to the best of his/her knowledge the testator was at the time of signing eighteen years of age or older, of sound mind and under no constraint or undue influence.

____________________

Testator

____________________

Witness

____________________

Witness

The State of _________________

County of ____________________

Subscribed, sworn to and acknowledged before me by ____________, the testator, and subscribed and sworn to before me by ____________ and ____________, witnesses, this _____ day of _____________.

(Seal)

(Signed)______________________

______________________________

(official capacity of officer)
A.R.S. § 14-2110 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2110
14-2110 Debts owed to a decedent; effect on distribution of estate
Status: in_force

14-2110. Debts owed to a decedent; effect on distribution of estate

A debt owed to a decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
A.R.S. § 14-6213 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6213
14-6213 Alteration of rights
Status: in_force

14-6213. Alteration of rights

A. Rights at death under section 14-6212 are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice shall be signed by a party and received by the financial institution during the party's lifetime.

B. A right of survivorship arising from the express terms of the account, section 14-6212 or a pay on death designation may not be altered by will.
A.R.S. § 14-3308 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3308
14-3308 Informal appointment proceedings; proof and findings required
Status: in_force

14-3308. Informal appointment proceedings; proof and findings required

A. In informal appointment proceedings, the registrar must determine whether:

1. The application for informal appointment of a personal representative is complete.

2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief.

3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301, subsection A.

4. On the basis of the statements in the application, venue is proper.

5. Any will to which the requested appointment relates has been or is being simultaneously formally or informally probated, except this requirement does not apply to the appointment of a special administrator.

6. Any notice required by section 14-3204 has been given.

7. From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment.

8. The will, if any, requires supervised administration.

B. Unless section 14-3612 controls, the application must be denied if it indicates any of the following:

1. A personal representative who has not filed a written statement of resignation as provided in section 14-3610, subsection C has been appointed in this or another county of this state.

2. The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile and the applicant is not the domiciliary personal representative or his nominee.

3. Other requirements of this section have not been met.
A.R.S. § 14-7510 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7510
14-7510 Cases not provided for by article
Status: in_force

14-7510. Cases not provided for by article

In any case not provided for in this article the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.
A.R.S. § 14-5315 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5315
14-5315 Guardian reports; contents
Status: in_force

14-5315. Guardian reports; contents

A. A guardian shall submit a written report to the court annually, pursuant to rules adopted by the supreme court, on resignation or substitution as guardian and on termination of the ward's disability.

B. The guardian shall mail a copy of the report to:

1. The ward.

2. The ward's conservator.

3. The ward's spouse or the ward's parents if the ward is not married.

4. A court appointed attorney for the ward.

5. Any other interested person who has filed a demand for notice with the court.

C. The report shall include the following:

1. The type, name and address of the home or facility where the ward lives and the name of the person in charge of the home.

2. The number of times the guardian has seen the ward in the last twelve months.

3. The date the guardian last saw the ward.

4. The name and address of the ward's physician or registered nurse practitioner.

5. The date the ward was last seen by a physician or a registered nurse practitioner.

6. A copy of the ward's physician's or registered nurse practitioner's report to the guardian or, if none exists, a summary of the physician's or the registered nurse practitioner's observations on the ward's physical and mental condition.

7. Major changes in the ward's physical or mental condition observed by the guardian in the last year.

8. The guardian's opinion as to whether the guardianship should be continued.

9. A summary of the services provided to the ward by a governmental agency and the name of the individual responsible for the ward's affairs with that agency.
A.R.S. § 14-12302 — Arizona Code / Title 14 / Chapter 12 / Article 3 / Section 12302
14-12302 Accepting guardianship or conservatorship transferred from another state
Status: in_force

14-12302. Accepting guardianship or conservatorship transferred from another state

A. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those prescribed in section 14-12301, an interested person may petition the court in this state to accept the guardianship or conservatorship.  The petition must include a certified copy of the other state's order authorizing the guardian or conservator to petition the court of this state for guardianship, conservatorship or other protective order.

B. Notice of a petition under subsection A of this section must be given to those persons who would be entitled to notice if the petition were a petition for the appointment of a guardian or entry of a protective order in both the transferring state and this state.  The notice must be given in the same manner as notice of initial guardianship proceedings and protective proceedings is required to be given pursuant to chapter 5 of this title.

C. On the court's own motion or on the filing of an objection to a petition pursuant to subsection A 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 provisionally granting a petition filed under subsection A of this section unless either:

1. An objection to the petition is made and the objector establishes that transfer of the proceeding would be contrary to the best interests of the incapacitated or protected person.

2. The proposed guardian or the proposed conservator is ineligible for appointment in this state.

E. The court in this state shall enter an order accepting the proceeding and appointing a guardian or conservator in this state on its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 14-12301 transferring the proceeding to this state.

F. Not later than ninety days after entry of an order accepting transfer of a guardianship or conservatorship, the court in this state shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

G. In granting a petition under this section, the court in this state shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.

H. The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of an interested person to seek appointment as a guardian or conservator in this state under chapter 5 of this title if the court in this state has jurisdiction to make an appointment other than by reason of the order of another state's court authorizing the transfer of the guardianship or conservatorship.
A.R.S. § 14-9105 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9105
14-9105 Transfer to custodial trustee by fiduciary or obligor; facility of payment
Status: in_force

14-9105. Transfer to custodial trustee by fiduciary or obligor; facility of payment

A. Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 14-9103, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds twenty thousand dollars, the transfer is not effective unless authorized by the court.

B. A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
A.R.S. § 14-4201 — Arizona Code / Title 14 / Chapter 4 / Article 2 / Section 4201
14-4201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
Status: in_force

14-4201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment and an affidavit made by or on behalf of the representative stating:

1. The date of the death of the nonresident decedent.

2. That no local administration, or application or petition therefor, is pending in this state.

3. That the domiciliary foreign personal representative is entitled to payment or delivery.

The provisions of this section are in addition to, and are not exclusive of, any other provision of law permitting payment of an obligation or delivery of property to a domiciliary foreign personal representative.
A.R.S. § 14-4301 — Arizona Code / Title 14 / Chapter 4 / Article 3 / Section 4301
14-4301 Jurisdiction by act of foreign personal representative
Status: in_force

14-4301. Jurisdiction by act of foreign personal representative

A. A foreign personal representative submits personally to the jurisdiction of the courts of this state, in any proceeding relating to the estate, by any of the following:

1. Filing certified copies of appointment as provided in section 14-4204.

2. Receiving payment of money or taking delivery of personal property under section 14-4201.

3. Doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual.

B. Jurisdiction established pursuant to subsection A, paragraph 2 of this section is limited to the money or value of personal property collected.
A.R.S. § 14-1304 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1304
14-1304 Practice in court
Status: in_force

14-1304. Practice in court

Unless specifically provided to the contrary in this title or unless inconsistent with its provisions, the rules of probate procedure govern formal proceedings under this title.
A.R.S. § 14-3703 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3703
14-3703 General duties; relation and liability to persons interested in estate; standing to sue
Status: in_force

14-3703. General duties; relation and liability to persons interested in estate; standing to sue

A. Except as provided in the will of the decedent, a personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by sections 14-10804 and 14-10806 and the duties of accounting applicable to trustees as provided in section 14-10813, subsection C. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this title, and as expeditiously and efficiently as is consistent with the best interests of the estate.  The personal representative shall use the authority conferred by this title, the terms of the will, if any, and any order in proceedings to which the personal representative is a party for the best interests of successors to the estate.

B. A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor children, any dependent children and any pretermitted child of the decedent as described elsewhere in this title.

C. Except as to proceedings that do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
A.R.S. § 14-10803 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10803
14-10803 Impartiality
Status: in_force

14-10803. Impartiality

If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests.
A.R.S. § 14-3304 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3304
14-3304 Informal probate; unavailable in certain cases
Status: in_force

14-3304. Informal probate; unavailable in certain cases

An application for informal probate shall be declined if it relates to one or more of a known series of testamentary instruments the latest of which does not expressly revoke the earlier, except that a series consisting of a will with its codicils may be informally probated.
A.R.S. § 14-3614 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3614
14-3614 Special administrator; appointment
Status: in_force

14-3614. Special administrator; appointment

A special administrator may be appointed:

1. Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 14-3609.

2. In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.
A.R.S. § 14-3938 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3938
14-3938 Subsequent administration
Status: in_force

14-3938. Subsequent administration

If other property of the estate is discovered after an estate has been settled and the personal representative has been discharged or after one year after a closing statement has been filed, the registrar, if the original application was or could have been brought under article 3 of this chapter, or the court, if the original petition was required to have been brought under article 4 or 5 of this chapter, on the application or petition of any interested person and on notice as provided in this chapter, may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this title apply as appropriate, but a claim previously barred may not be asserted in the subsequent administration.
A.R.S. § 14-3108 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3108
14-3108 Probate, testacy and appointment proceedings; ultimate time limit
Status: in_force

14-3108. Probate, testacy and appointment proceedings; ultimate time limit

An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, shall not be commenced more than two years after the decedent's death, except:

1. If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding.

2. Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within two years after the conservator becomes able to establish the death of the protected person.

3. A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or two years from the decedent's death.

4. An informal probate or appointment or a formal testacy or appointment proceeding may be commenced thereafter if no court proceeding concerning the succession or administration has occurred within the two year period. If proceedings are brought under this exception, the personal representative has no right to possess estate assets as provided in section 14-3709 beyond that necessary to confirm title thereto in the rightful successors to the estate. Claims other than expenses of administration shall not be presented against the estate.

These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph 1 or 2 of this section, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this title which relate to the date of death.
A.R.S. § 14-10107 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10107
14-10107 Governing law
Status: in_force

14-10107. Governing law

A. The meaning and effect of the terms of a trust are determined by the law of the jurisdiction designated in the terms of the trust instrument.

B. In the absence of a controlling designation in the terms of the trust, the laws of the jurisdiction where the trust was executed determine the validity of the trust, and the laws of descent and the law of the principal place of administration determine the administration of the trust.
A.R.S. § 14-5721 — Arizona Code / Title 14 / Chapter 5 / Article 9 / Section 5721
14-5721 Definitions
Status: in_force

14-5721. Definitions

In this article, unless the context otherwise requires:

1. "Adult" means an individual with a disability who is at least eighteen years of age.

2. "Disability" means a physical or mental impairment that substantially limits one or more major life activities, as defined in section 41-1492.

3. "Interested person" means any person who is interested in the affairs or welfare of an adult who has entered into a supported decision-making agreement.

4. "Intimidate" includes threatening to deprive an adult of food, nutrition, shelter or necessary medication or medical treatment.

5. "Supported decision-making" means a process of supporting and accommodating an adult to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, support and medical care the adult wants to receive, whom the adult wants to live with and where the adult wants to work, without impeding the adult's self-determination.

6. "Supported decision-making agreement" means an agreement between an adult and a supporter that is entered into pursuant to this article.

7. "Supporter" means a person who is at least eighteen years of age and who enters into a supported decision-making agreement with an adult.
A.R.S. § 14-2703 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2703
14-2703 Choice of law; effect on governing instrument
Status: in_force

14-2703. Choice of law; effect on governing instrument

The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument unless the application of that law is contrary to the requirements of article 4 of this chapter relating to exempt property and allowances or is contrary to any other public policy of this state otherwise applicable to the disposition.
A.R.S. § 14-1102 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1102
14-1102 Purposes; rule of construction
Status: in_force

14-1102. Purposes; rule of construction

A. This title shall be liberally construed and applied to promote its underlying purposes and policies.

B. The underlying purposes and policies of this title are:

1. To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons.

2. To discover and make effective the intent of a decedent in distribution of his property.

3. To promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors.

4. To promote a speedy, efficient and inexpensive system for resolving disputes under chapter 5 of this title while ensuring that the due process and other constitutional rights of the persons subject to such proceedings are protected.

5. To provide just and appropriate remedies for parties who incur damages as the result of vexatious conduct, as defined by court rule, or other unreasonable conduct, during proceedings brought pursuant to this title, without impinging on the rights of individuals who are the subject of proceedings under chapter 5 of this title.

6. To facilitate use and enforcement of certain trusts.

7. To make uniform the law among the various jurisdictions.
A.R.S. § 14-1310 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1310
14-1310 Oath or affirmation on filed documents
Status: in_force

14-1310. Oath or affirmation on filed documents

Except as otherwise specifically provided in this title or by rule, each document filed with the court or furnished to an interested person under this title including applications, petitions, demands for notice, claims, inventories and accounts shall be deemed to include an oath, affirmation or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed. Each document filed with the court or furnished to an interested person under this title is material and may subject the person executing or filing such document to penalties relating to perjury and subornation of perjury.
A.R.S. § 14-12502 — Arizona Code / Title 14 / Chapter 12 / Article 5 / Section 12502
14-12502 Relation to electronic signatures in global and national commerce act
Status: in_force

14-12502. Relation to electronic signatures in global and national commerce act

This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code section 7001, et sec.) but does not modify, limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 United States Code section 7003(b)).
A.R.S. § 14-3601 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3601
14-3601 Qualification
Status: in_force

14-3601. Qualification

Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
A.R.S. § 14-13102 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13102
14-13102 Definitions
Status: in_force

14-13102. Definitions

In this chapter, unless the context otherwise requires:

1. "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user.

2. "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney.

3. "Carries" means engages in the transmission of an electronic communication.

4. "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person.

5. "Conservator" means a person appointed by a court to manage the estate of a living individual and includes a limited conservator and a fiduciary as defined in section 14-5651, subsection K.

6. "Content of an electronic communication" means information concerning the substance or meaning of the communication that meets all of the following requirements:

(a) Has been sent or received by a user.

(b) Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public.

(c) Is not readily accessible to the public.

7. "Court" means the superior court.

8. "Custodian" means a person that carries, maintains, processes, receives or stores a digital asset of a user.

9. "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.

10. "Digital asset" means an electronic record in which an individual has a right or interest.  Digital asset does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

11. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

12. "Electronic communication" has the same meaning prescribed in 18 United States Code section 2510(12).

13. "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.

14. "Fiduciary" means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K.

15. "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.

16. "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

17. "Person" means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency or instrumentality or any other legal entity.

18. "Personal representative" means an executor, an administrator, a special administrator or person that performs substantially the same function under law of this state other than this chapter.

19. "Power of attorney" means a record that grants an agent authority to act in the place of a principal.

20. "Principal" means an individual who grants authority to an agent in a power of attorney.

21. "Protected person" means an individual for whom a conservator has been appointed. Protected person includes an individual for whom an application for the appointment of a conservator is pending.

22. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.

23. "Remote-computing service" means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 United States Code section 2510(14).

24. "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian.

25. "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. Trustee includes a successor trustee.

26. "User" means a person that has an account with a custodian.

27. "Will" includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.
A.R.S. § 14-10014 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10014
14-10014 Tax qualified disclaimer
Status: in_force

14-10014. Tax qualified disclaimer

Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated, pursuant to the internal revenue code as defined in section 43-105 and rules adopted pursuant to that section, as never having been transferred to the disclaimant, the disclaimer or transfer is effective as a disclaimer under this chapter.
A.R.S. § 14-10802 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10802
14-10802 Duty of loyalty
Status: in_force

14-10802. Duty of loyalty

A. A trustee shall administer the trust solely in the interests of the beneficiaries.

B. Subject to the rights of persons dealing with or assisting the trustee as provided in section 14-11012, a sale, encumbrance or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or that is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless either:

1. The transaction was authorized by the terms of the trust.

2. The transaction was approved by the court.

3. The beneficiary did not commence a judicial proceeding within the time allowed by section 14-11005.

4. The beneficiary consented to the trustee's conduct, ratified the transaction or released the trustee in compliance with section 14-11009.

5. The transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.

C. A sale, encumbrance or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with:

1. The trustee's spouse.

2. The trustee's descendants, siblings or parents or their spouses.

3. An agent or attorney of the trustee.

4. A corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment.

D. A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary.

E. A transaction not concerning trust property in which the trustee engages in the trustee's individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust.

F. An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment otherwise complies with the prudent investor rule of article 9 of this chapter.  The trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust if the trustee at least annually notifies the persons entitled under section 14-10813 to receive a copy of the trustee's annual report that the bank or trust company provides services for and receives fees from the investment company or investment trust.  This notification may be made in the trustee's statements of the fiduciary account.

G. In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries.  If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries.

H. This section does not preclude the following transactions, if fair to the beneficiaries:

1. An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee.

2. Payment of reasonable compensation to the trustee.

3. A transaction between a trust and another trust, decedent's estate or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest.

4. A deposit of trust money in a regulated financial service institution operated by the trustee.

5. An advance by the trustee of money for the protection of the trust.

I. The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that may violate this section if entered into by the trustee.
A.R.S. § 14-10815 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10815
14-10815 General powers of trustee
Status: in_force

14-10815. General powers of trustee

A. A trustee, without authorization by the court, may exercise:

1. Powers conferred by the terms of the trust.

2. Except as limited by the terms of the trust:

(a) All powers over the trust property that an unmarried competent owner has over individually owned property.

(b) Any other powers appropriate to achieve the proper investment, management and distribution of the trust property.

(c) Any other powers conferred by this chapter.

B. The exercise of a power by a person acting in a fiduciary capacity is subject to the fiduciary duties prescribed by this article.
A.R.S. § 14-5606 — Arizona Code / Title 14 / Chapter 5 / Article 6 / Section 5606
14-5606 Additional powers and duties of the public fiduciary
Status: in_force

14-5606. Additional powers and duties of the public fiduciary

A. If the gross assets of the estate exceed twenty thousand dollars, the public fiduciary may file with the court a verified petition to preserve and protect estate property if action is needed to protect an estate but no probate proceedings have been filed and no affidavit of collection has been tendered pursuant to section 14-3971. The petition shall include the following:

1. The name and domicile of the decedent.

2. The date and the place of death.

3. The names, addresses and relationships of known heirs or devisees.

4. A declaration that the gross assets of the estate are believed to exceed twenty thousand dollars.

5. A declaration that the decedent died in the county or left real or personal property in the county or that personal property arrived in the county after the decedent's death.

6. A declaration that there is no person eligible to act as personal representative or that the personal representative named in the will has refused or neglected to act, is dead or his whereabouts are unknown or is not eligible to receive letters testamentary at the present time.

7. A declaration that immediate action is necessary to make funeral arrangements and pay reasonable funeral charges or to preserve and protect the estate.

B. The court may grant the petition and enter an order without prior notice and a hearing on a finding of good cause.

C. If the court grants the petition, the public fiduciary shall send a copy of the petition and the court order to each known heir, devisee and interested party within ten business days of entry of the order.

D. If the court grants the petition, the public fiduciary may take the following action unless otherwise limited by the court:

1. Take possession of, collect and secure the decedent's real or personal property located in the county.

2. Make necessary funeral arrangements for the decedent and pay the reasonable funeral charges.

3. Institute an inquiry as to any matter affecting the estate of the decedent.

4. Sell perishable property and other property of the decedent if the estate requires this action.

5. Defray the expenses of the fiduciary activities and the expenses incidental to the public fiduciary's application for letters from the decedent's estate.

6. Pursuant to section 14-5103, for the use and benefit of a minor heir or devisee who has no guardian, pay the share of an intestate estate or a devise due that person if that share is less than five thousand dollars.

7. Without prior court order, sell real or personal property with an estimated value of less than five thousand dollars if this is necessary to pay reasonable funeral expenses or to preserve and protect the assets of the estate and prevent waste.

8. With prior court order and on reasonable notice to interested parties, sell real or personal property with an estimated net value of five thousand dollars or more if this is necessary to preserve and protect the assets of the estate and prevent waste.

E. The public fiduciary may obtain subpoenas and subpoenas duces tecum from the court in order to conduct the inquiry under subsection D, paragraph 3 of this section. The court may hold a person in contempt if the person fails to comply with the subpoena.

F. The expenses under subsection D, paragraph 5 of this section are a legal charge against the county if the decedent's estate is incapable of paying them.

G. On receiving notice of the appointment of a personal representative of the estate or on receiving valid affidavits for succession to real or personal property, the public fiduciary shall immediately transfer to the personal representative or affiant the control and possession of the property. The public fiduciary may subtract any monies claimed as fiduciary fees and costs pursuant to section 14-5604. The public fiduciary shall file an accounting and claim for fees with the court and shall send copies by certified mail to the personal representative or the affiant and known heirs, devisees and interested parties. If no objections are filed with the court within thirty days of this notice, the court without further notice or hearing may approve and settle the account, approve claims by the public fiduciary against the estate and discharge the public fiduciary from further duties and liability.

H. A person paying, delivering, transferring or issuing property or evidence of property is discharged and released to the same extent as if that person dealt with a personal representative of the decedent.

I. The public fiduciary may begin an action to probate the decedent's estate if probate has not begun or an affidavit of succession to real and personal property is not submitted at least forty days after the public fiduciary files the petition to preserve and protect the estate.
A.R.S. § 14-11101 — Arizona Code / Title 14 / Chapter 11 / Article 11 / Section 11101
14-11101 Electronic records and signatures
Status: in_force

14-11101. Electronic records and signatures

The provisions of this chapter governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the electronic signatures in global and national commerce act (15 United States Code section 7002) and supersede, modify and limit the requirements of that act.
A.R.S. § 14-3951 — Arizona Code / Title 14 / Chapter 3 / Article 11 / Section 3951
14-3951 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons
Status: in_force

14-3951. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons

A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity or effect of any probated will, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.
A.R.S. § 14-2804 — Arizona Code / Title 14 / Chapter 2 / Article 8 / Section 2804
14-2804 Termination of marriage; effect; revocation of probate and nonprobate transfers; federal law; definitions
Status: in_force

14-2804. Termination of marriage; effect; revocation of probate and nonprobate transfers; federal law; definitions

A. Except as provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between a divorced couple before or after the marriage, divorce or annulment, the divorce or annulment of a marriage:

1. Revokes any revocable:

(a) Disposition or appointment of property made by a divorced person to that person's former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced person's former spouse.

(b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced person's former spouse or on a relative of the divorced person's spouse.

(c) Nomination in a governing instrument that nominates a divorced person's former spouse or a relative of the divorced person's former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian.

2. Severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common.

B. A severance under subsection A, paragraph 2 of this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied on as evidence of ownership in the ordinary course of transactions involving that property.

C. Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.

D. Provisions revoked solely by this section are revived by the divorced person's remarriage to the former spouse or by a nullification of the divorce or annulment.

E. No change of circumstances other than as described in this section and in section 14-2803 effects a revocation.

F. Any payor or other third party is not liable for making a payment or transferring an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment or remarriage, or for taking any other action in good faith reliance on the validity of the governing instrument, before the payor or other third party receives written notice of the divorce, annulment or remarriage. Any payor or other third party is liable for a payment made or any other action taken after the payor or other third party receives written notice of a claimed forfeiture or revocation under this section.

G. Written notice of the divorce, annulment or remarriage under subsection F of this section must be mailed to the payor's or other third party's main office or home by certified mail, return receipt requested, or served on the payor or other third party in the same manner as a summons in a civil action. On receipt of written notice of the divorce, annulment or remarriage, a payor or any other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the monies or item of property and, on its determination under this section, shall order disbursement or transfer in accordance with the determination. Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

H. A person who purchases property from a former spouse, a relative of a former spouse or any other person for value and without notice or who receives from a former spouse, a relative of a former spouse or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation is neither obligated under this section to return the payment, item of property or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. However, a former spouse, a relative of a former spouse or any other person who, not for value, received a payment, an item of property or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property or benefit to the person who is entitled to it under this section or is personally liable for the amount of the payment or the value of the item of property or benefit.

I. For the purpose of this section:

1. "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.

2. "Divorce or annulment" means any divorce or annulment or any dissolution or declaration of invalidity of a marriage that would exclude the spouse as a surviving spouse within the meaning of section 14-2802 but does not include a decree of separation that does not terminate the status of husband and wife.

3. "Divorced person" includes a person whose marriage has been annulled.

4. "Governing instrument" means an instrument executed by the divorced person before the divorce or annulment of that person's marriage to that person's former spouse.

5. "Relative of the divorced person's former spouse" means a person who is related to the divorced person's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity.

6. "Revocable", with respect to a disposition, appointment, provision or nomination, means one under which the divorced person, at the time of the divorce or annulment, was alone empowered by law or under the governing instrument to cancel a designation in favor of that person's former spouse or former spouse's relative, whether or not the divorced person was then empowered to designate himself or herself in place of that person's former spouse or in place of the former spouse's relative and whether or not the divorced person then had the capacity to exercise the power.
A.R.S. § 14-10502 — Arizona Code / Title 14 / Chapter 11 / Article 5 / Section 10502
14-10502 Spendthrift provision
Status: in_force

14-10502. Spendthrift provision

A. A spendthrift provision is valid only if it restrains either voluntary or involuntary transfer of a beneficiary's interest.

B. A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.

C. A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not attach, garnish, execute on or otherwise reach the interest or a distribution by the trustee before its receipt by the beneficiary.
A.R.S. § 14-2502 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2502
14-2502 Execution of paper wills; witnessed wills; holographic wills; testamentary intent
Status: in_force

14-2502. Execution of paper wills; witnessed wills; holographic wills; testamentary intent

A. Except as provided in sections 14-2503, 14-2506 and 14-2513, a paper will shall be:

1. In writing.

2. Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.

3. Signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the will as described in paragraph 2 of this subsection or the testator's acknowledgment of that signature or acknowledgment of the will.

B. Intent that a tangible medium or an electronic record constitutes the testator's will can be established by extrinsic evidence, including, for holographic wills under section 14-2503, portions of the document that are not in the testator's handwriting.
A.R.S. § 14-2904 — Arizona Code / Title 14 / Chapter 2 / Article 9 / Section 2904
14-2904 Statutory rule against perpetuities; exclusion
Status: in_force

14-2904. Statutory rule against perpetuities; exclusion

This article does not apply to:

1. A nonvested property interest or a power of appointment arising out of a nondonative transfer, except for a nonvested property interest or a power of appointment arising out of any of the following:

(a) A premarital or postmarital agreement.

(b) A separation or divorce settlement.

(c) A spouse's election.

(d) A similar arrangement arising out of a prospective, existing or previous marital relationship between the parties.

(e) A contract to make or not to revoke a will or trust.

(f) A contract to exercise or not to exercise a power of appointment.

(g) A transfer in satisfaction of a duty of support.

(h) A reciprocal transfer.

2. A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income.

3. A power to appoint a fiduciary.

4. A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary who has an indefeasibly vested interest in the income and principal.

5. A nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision.

6. A nonvested property interest in or a power of appointment with respect to a trust or any other property arrangement forming part of any pension, profit sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse.

7. A property interest, power of appointment or arrangement that was not subject to the common law rule against perpetuities or is excluded by the laws of this state.
A.R.S. § 14-5316 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5316
14-5316 Maintaining ward's relationships; contact orders; definitions
Status: in_force

14-5316. Maintaining ward's relationships; contact orders; definitions

A. A guardian shall encourage and allow contact between the ward and other persons who have a significant relationship with the ward.

B. Notwithstanding subsection A of this section, a guardian shall not limit, restrict or prohibit contact between the ward and any person with whom the ward wishes to have contact unless the guardian reasonably believes that the contact will be detrimental to the ward's health, safety or welfare.

C. In exercising the guardian's powers pursuant to subsections A and B of this section, the guardian shall consider the wishes of the ward, if the ward has sufficient mental capacity to make an intelligent choice.

D. A person who has a significant relationship to the ward may petition the court for an order compelling the guardian to allow the person to have contact with the ward.  The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The person has the burden of proving that the person has a significant relationship with the ward.  The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare.

E. A ward may petition the court for an order compelling the guardian to allow the ward to have contact with a person who has a significant relationship to the ward.  The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested.  The ward has the burden of proving that the person has a significant relationship with the ward.  The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare.

F. After filing a petition pursuant to subsection D or E of this section, the petitioner shall request that the court set an initial hearing on the petition.  Unless the petitioner requests a later initial hearing, the initial hearing shall occur as soon as possible but no later than fifteen judicial days after the court receives the petitioner's request.

G. In determining what, if any, contact between the person and the ward is in the ward's best interest, the court shall consider all factors that are relevant to the ward's physical and emotional well-being, including the following:

1. The past and present relationship between the ward and the person with whom the contact is requested.

2. The wishes of the ward if the ward has sufficient mental capacity to make an intelligent choice.

3. The mental and physical health of the ward and the person with whom the contact is requested.

4. Whether the person with whom the contact is requested has committed any act involving domestic violence as defined in section 13-3601, child abuse or abuse, neglect or exploitation of a vulnerable adult.

5. Whether the person with whom the contact is requested has abused drugs or alcohol or has been convicted of any drug offense listed in title 13, chapter 34 or a violation of title 28, chapter 4, article 3.

6. Whether the person with whom the contact is requested is listed in the elder abuse central registry pursuant to section 46-457 or is required to register pursuant to section 13-3821.

7. Whether the person with whom the contact is requested has been convicted of a violation of section 13-2907.02 or 13-2907.04.

H. If the petition for contact is filed pursuant to section 14-5301.03 or within two years after the ward's eighteenth birthday, any contact with the ward authorized in the most recent parenting time or visitation order shall be presumed to be in the ward's best interests, but the presumption may be rebutted by evidence showing that the contact authorized in the most recent parenting time or visitation order is no longer in the ward's best interests.

I. A court-appointed fiduciary for the ward or a person who has a significant relationship to the ward may petition the court to modify a contact order, if a material change in circumstances affecting the ward's health, safety or welfare has occurred since the last contact order was made.  The petition shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order.  The court shall deny the petition unless the court finds that the petition establishes good cause for hearing, in which case the court shall set a hearing on the petition.  The petition and notice of the hearing on the petition shall be served on all persons to whom notice is required pursuant to section 14-5309 and on any court-appointed fiduciary for the ward.

J. A court-appointed fiduciary for the ward or a person who has a significant relationship to the ward may file a motion asking the court to temporarily modify or suspend a contact order, if a material change in circumstances affecting the ward's health, safety or welfare has occurred since the last contact order was made. The motion shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order. The motion shall be filed contemporaneously with or after the filing of a petition to modify the prior contact order. The motion shall state whether the petitioner requests that the prior contact order be modified or suspended with or without notice to affected persons.

K. The court may temporarily modify or suspend a contact order without notice only if both of the following conditions are met:

1. It clearly appears from specific facts shown in the motion or affidavit that immediate and irreparable injury, loss or damage likely will result if the order is not issued before the affected persons can be heard in opposition.

2. The moving party or the party's attorney certifies to the court in writing the efforts, if any, that the moving party or the party's attorney has made to give the notice or the reasons supporting the claim that notice should not be required.

L. If the court grants a motion to temporarily modify or suspend a contact order without notice, the court shall set a hearing on the motion.

M. An order temporarily modifying or suspending a contact order that is granted without notice shall state the injury, loss or damage that would have been likely to occur if the order were not issued before giving the affected persons the opportunity to be heard in opposition.  The temporary order shall expire at the date and time set for the hearing on the motion unless the temporary order is extended by the court for good cause.

N. The moving party shall personally serve the person whose contact with the ward has been modified or suspended with a copy of the order and notice of the hearing. The moving party shall have served a copy of the order on any court-appointed fiduciary for the ward and all persons affected by the order as soon as practicable after issuance of the order in the manner prescribed in section 14-5309 or as otherwise ordered by the court.

O. If, in a proceeding brought under this section, the court finds that the guardian has unreasonably denied contact between a ward and a person who has a significant relationship with the ward, the court may do either, or both, of the following:

1. Remove the guardian.

2. Order the guardian to personally pay some or all of the reasonable attorney fees and expenses incurred by the person or the ward, or both.

P. For the purposes of this section:

1. "Abuse" in relation to a vulnerable adult has the same meaning prescribed in section 46-451.

2. "Child abuse" means abuse as defined in section 8-201 of an individual who is under eighteen years of age.

3. "Exploitation" has the same meaning prescribed in section 46-451.

4. "Neglect" has the same meaning prescribed in section 46-451.

5. "Vulnerable adult" has the same meaning prescribed in section 46-451.
A.R.S. § 14-6202 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6202
14-6202 Application of article
Status: in_force

14-6202. Application of article

This article does not apply to:

1. An account established for any partnership, joint venture or other organization for a business purpose.

2. An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association or charitable or civic organization.

3. A fiduciary or trust account in which the relationship is established other than by the terms of the account.
A.R.S. § 14-7412 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7412
14-7412 Business and other activities conducted by trustee
Status: in_force

14-7412. Business and other activities conducted by trustee

A. If a trustee who conducts a business or other activity determines that it is in the best interest of all of the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.

B. A trustee who accounts separately for any business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets and other reasonably foreseeable needs of the business or activity and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records.  If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.

C. Activities for which a trustee may maintain separate accounting records include:

1. Retail, manufacturing, service and other traditional business activities.

2. Farming.

3. Raising and selling livestock and other animals.

4. Management of rental properties.

5. Extraction of minerals and other natural resources.

6. Timber operations.

7. Activities to which section 14-7423 applies.
A.R.S. § 14-10907 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10907
14-10907 Delegation of investment and management functions; duties; limitations
Status: in_force

14-10907. Delegation of investment and management functions; duties; limitations

A. A fiduciary may delegate investment and management functions that a prudent investor of comparable skills might delegate under the circumstances.

B. A fiduciary is not responsible for the investment decisions or actions of the investment agent to which the investment functions are delegated if the fiduciary exercises reasonable care, skill and caution in selecting the investment agent, in establishing the scope and specific terms of the delegation and in reviewing periodically the investment agent's actions in order to monitor the investment agent's performance and compliance with the scope and specific terms of the delegation.

C. The investment agent must comply with the scope and terms of the delegation and exercise the delegated function with reasonable care, skill and caution and is liable to the trust if the agent fails to do so.  An investment agent who represents that the agent has special investment skills must exercise those skills.

D. An investment agent who accepts the delegation of a fiduciary's function from a fiduciary who is subject to the jurisdiction of a court of this state is deemed to have submitted to the jurisdiction of that court even if the delegation agreement provides for a different jurisdiction or venue.

E. A cofiduciary may delegate investment and management functions to another cofiduciary if the delegating cofiduciary reasonably believes that the other cofiduciary has greater investment skills than the delegating cofiduciary with respect to those functions.  The delegating cofiduciary is not responsible for the investment decisions or actions of the other cofiduciary to which the investment function are delegated if the delegating cofiduciary exercises reasonable care, skill and caution in establishing the scope and specific terms of the delegation and in reviewing periodically the other cofiduciary's actions in order to monitor the cofiduciary's performance and compliance with the scope and specific terms of the delegation.

F. Investment in a mutual fund is not a delegation of investment function and neither the mutual fund nor its advisor is an investment agent.
A.R.S. § 14-5102 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5102
14-5102 Jurisdiction of subject matter; consolidation of proceedings
Status: in_force

14-5102. Jurisdiction of subject matter; consolidation of proceedings

A. The court has jurisdiction over protective proceedings and guardianship proceedings.

B. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
A.R.S. § 14-5312 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5312
14-5312 General powers and duties of guardian
Status: in_force

14-5312. General powers and duties of guardian

A. A guardian of an incapacitated person has the same powers, rights and duties respecting the guardian's ward that a parent has respecting the parent's unemancipated minor child, except that a guardian is not liable to third persons for acts of the ward solely by reason of the guardianship. In particular, and without qualifying the foregoing, a guardian has the following powers and duties, except as modified by order of the court:

1. To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the guardian is entitled to custody of the person of the ward and may establish the ward's place of abode within or without this state.

2. If entitled to custody of the ward the guardian shall make provision for the care, comfort and maintenance of the ward and, whenever appropriate, arrange for the ward's training and education. Without regard to custodial rights of the ward's person, the guardian shall take reasonable care of the ward's clothing, furniture, vehicles and other personal effects and commence protective proceedings if other property of the ward is in need of protection.

3. A guardian may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service.

4. If no conservator for the estate of the ward has been appointed, the guardian may:

(a) Institute proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward to perform such person's duty.

(b) Receive money and tangible property deliverable to the ward and apply the money and property for support, care and education of the ward, but the guardian may not use funds from his ward's estate for room and board the guardian or the guardian's spouse, parent or child has furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible. He must exercise care to conserve any excess for the ward's needs.

5. A guardian is required to report the condition of the ward and of the estate that has been subject to the guardian's possession or control, as required by the court or court rule.

6. If a conservator has been appointed, all of the ward's estate received by the guardian in excess of those funds expended to meet current expenses for support, care and education of the ward shall be paid to the conservator for management as provided in this chapter and the guardian must account to the conservator for funds expended.

7. If appropriate, a guardian shall encourage the ward to develop maximum self-reliance and independence and shall actively work toward limiting or terminating the guardianship and seeking alternatives to guardianship.

8. A guardian shall find the most appropriate and least restrictive setting for the ward consistent with the ward's needs, capabilities and financial ability.

9. A guardian shall make reasonable efforts to secure appropriate medical and psychological care and social services for the ward.

10. A guardian shall make reasonable efforts to secure appropriate training, education and social and vocational opportunities for his ward in order to maximize the ward's potential for independence.

11. In making decisions concerning his ward, a guardian shall take into consideration the ward's values and wishes.

12. The guardian is authorized to act pursuant to title 36, chapter 32.

13. The guardian of an incapacitated adult who has a developmental disability as defined in section 36-551 shall seek services that are in the best interest of the ward, taking into consideration:

(a) The ward's age.

(b) The degree or type of developmental disability.

(c) The presence of other disabling conditions.

(d) The guardian's ability to provide the maximum opportunity to develop the ward's maximum potential, to provide a minimally structured residential program and environment for the ward and to provide a safe, secure, and dependable residential and program environment.

(e) The particular desires of the individual.

B. Any guardian of a ward for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for the guardian's services and for room and board furnished to the ward as agreed upon between the guardian and the conservator if the amounts agreed upon are reasonable under the circumstances. The guardian may request the conservator to expend the ward's estate by payment to third persons or institutions for the ward's care and maintenance.
A.R.S. § 14-5501 — Arizona Code / Title 14 / Chapter 5 / Article 5 / Section 5501
14-5501 Durable power of attorney; creation; validity
Status: in_force

14-5501. Durable power of attorney; creation; validity

A. A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised:

1. If the principal is subsequently a person with a disability or incapacitated.

2. Regardless of how much time has elapsed, unless the instrument states a definite termination time.

B. The written instrument may demonstrate the principal's intent required by subsection A of this section using either of the following statements or similar language:

1. "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time."

2. "This power of attorney is effective on the disability or incapacity of the principal."

C. A power of attorney executed in another jurisdiction of the United States is valid in this state if the power of attorney was validly executed in the jurisdiction in which it was created.

D. Except as provided in section 28-370, an adult, known as the principal, may designate another adult, known as the agent, to make financial decisions on the principal's behalf by executing a written power of attorney that satisfies all of the following requirements:

1. Contains language that clearly indicates that the principal intends to create a power of attorney and clearly identifies the agent.

2. Is signed or marked by the principal or signed in the principal's name by some other individual in the principal's conscious presence and at the principal's direction.

3. Is witnessed by a person other than the agent, the agent's spouse, the agent's children or the notary public.

4. Is executed and attested by its acknowledgment by the principal and by an affidavit of the witness before a notary public and evidenced by the notary public's certificate, under official seal, in substantially the following form:

I, __________, the principal, sign my name to this power of attorney this _____ day of __________ and, being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my power of attorney and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes expressed in the power of attorney and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence.

______________________

Principal

I, __________, the witness, sign my name to the foregoing power of attorney being first duly sworn and do declare to the undersigned authority that the principal signs and executes this instrument as the principal's power of attorney and that the principal signs it willingly, or willingly directs another to sign for the principal, and that I, in the presence and hearing of the principal, sign this power of attorney as witness to the principal's signing and that to the best of my knowledge the principal is eighteen years of age or older, of sound mind and under no constraint or undue influence.

____________________

Witness

The state of ______________

County of _________________

Subscribed, sworn to and acknowledged before me by __________, the principal, and subscribed and sworn to before me by __________, witness, this _____ day of ____________.

(seal)

(signed) _____________________

______________________________

(notary public)

E. The execution requirements for the creation of a power of attorney provided in subsection D of this section do not apply if the principal creating the power of attorney is:

1. A person other than a natural person.

2. Any person, if the power of attorney to be created is a power coupled with an interest. For the purposes of this paragraph, "power coupled with an interest" means a power that forms a part of a contract and is security for money or for the performance of a valuable act.

F. A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage.  This prohibition does not apply if the person's license has been reinstated and is in good standing.
A.R.S. § 14-3701 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3701
14-3701 Time of accrual of duties and powers
Status: in_force

14-3701. Time of accrual of duties and powers

The duties and powers of a personal representative commence on appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
A.R.S. § 14-5426 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5426
14-5426 Enlargement or limitation of powers of conservator
Status: in_force

14-5426. Enlargement or limitation of powers of conservator

A. Subject to the restrictions in section 14-5408, subsection A, paragraph 4, the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by sections 14-5424 and 14-5425, any power which the court itself could exercise under section 14-5408, subsection A, paragraphs 2 and 3. The court may, at the time of appointment or later, limit the powers of a conservator otherwise conferred by sections 14-5424 and 14-5425, or previously conferred by the court, and may at any time relieve him of any limitation. If the court limits any power conferred on the conservator by section 14-5424 or 14-5425, the limitation shall be endorsed upon his letters of appointment.

B. Upon appointment of a conservator for a protected spouse, the court may determine whether the spouse's share of community property shall be managed by the conservator or by the other spouse. If the court determines that the community property shall be managed by the other spouse, and if the protected spouse is the husband, the wife may become the manager of the community property during the conservatorship and may dispose of community personal property in the interests of the community.
A.R.S. § 14-3301 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3301
14-3301 Informal probate or appointment proceedings; application; contents
Status: in_force

14-3301. Informal probate or appointment proceedings; application; contents

A. Informal probate or informal appointment may be made only by application of one of the following:

1. The surviving spouse of the decedent.

2. An adult child, a parent, a brother or a sister of the decedent.

3. A person who is an heir of the decedent.

4. A person nominated as a personal representative by a probated will or the will for which probate is asked or pursuant to a power conferred by the will.

5. If the decedent was a nonresident, any person who is qualified under paragraphs 1 through 4 of this subsection or a personal representative appointed in the state of domicile or the nominee of such personal representative.

6. If the decedent was a veteran, the department of veterans' services.

7. Forty-five days after the death of the decedent, any creditor.

8. If no person is qualified and willing to serve as personal representative under paragraphs 1 through 7 of this subsection, the public fiduciary.

B. Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the following information:

1. Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following:

(a) A statement of the interest of the applicant.

(b) The name and date of death of the decedent, the decedent's age, the county and state of the decedent's domicile at the time of death, the names and addresses of the spouse, children, heirs and devisees and the ages of any who are minors as far as known or ascertainable with reasonable diligence by the applicant.

(c) If the decedent was not domiciled in the state at the time of the decedent's death, a statement showing venue.

(d) A statement identifying and indicating the address of any personal representative of the decedent who is appointed in this state or elsewhere and whose appointment has not been terminated.

(e) A statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice, of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere.

(f) A statement that the time limit for informal probate or appointment as provided in this chapter has not expired either because two years or less have passed since the decedent's death, or, if more than two years from death have passed, that circumstances as described by section 14-3108 authorizing tardy probate or appointment have occurred.

2. An application for informal probate of a will shall state the following in addition to the statements required by paragraph 1 of this subsection:

(a) That the original of the decedent's last will is in the possession of the court, or accompanies the application, or that a certified copy of a will probated in another jurisdiction accompanies the application.

(b) That the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed.

(c) That, after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument that is the subject of the application is the decedent's last will.

3. An application for informal appointment of a personal representative to administer an estate under a will shall describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment shall adopt the statements in the application or petition for probate and state the name, address and priority for appointment of the person whose appointment is sought.

4. An application for informal appointment of an administrator in intestacy shall state in addition to the statements required by paragraph 1 of this subsection:

(a) That, after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under section 14-1301 or a statement why any such instrument of which the applicant may be aware is not being probated.

(b) The priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under section 14-3203.

5. An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of both the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant.

6. An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in section 14-3610, subsection C, or whose appointment has been terminated by death, appointment of a conservator or removal, shall adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor and describe the priority of the applicant.

C. By verifying an application for informal probate, or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant.
A.R.S. § 14-1301 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1301
14-1301 Territorial application
Status: in_force

14-1301. Territorial application

Except as otherwise provided in this title, the title applies to:

1. The affairs and estates of decedents, missing persons and persons to be protected, domiciled in this state.

2. The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state.

3. Incapacitated persons and minors in this state.

4. Multiple-party accounts in this state.

5. Trusts subject to administration in this state.

This title does not apply to property of Indians within the jurisdiction of their tribal courts or to lands held in trust by the United States for Indians.