A.R.S. § 14-5421 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5421
14-5421 Recording of conservator's letters
Status: in_force

14-5421. Recording of conservator's letters

Letters of conservatorship are evidence of transfer of all assets, or in the case of a limited conservatorship, the part specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator to the protected person, or the person's successors. Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships shall be filed or recorded in the county where the property of the protected person is located to give record notice of title as between the conservator and the protected person.
A.R.S. § 14-13118 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13118
14-13118 Relation to electronic signatures in global and national commerce act
Status: in_force

14-13118. 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 sections 7001 through 7031, but does not modify, limit or supersede 15 United States Code section 7001(c) or authorize electronic delivery of any of the notices described in 15 United States Code section 7003(b).
A.R.S. § 14-7430 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7430
14-7430 Adjustments between principal and income because of taxes
Status: in_force

14-7430. Adjustments between principal and income because of taxes

A. A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries that arise from:

1. Elections and decisions, other than those described in subsection B, that the fiduciary makes from time to time regarding tax matters.

2. An income tax or any other tax that is imposed on the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust.

3. The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includible in the taxable income of the estate, the trust or a beneficiary.

B. If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax.  An estate or trust shall reimburse principal from income.
A.R.S. § 14-1407 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1407
14-1407 Representation by person having substantially identical interest
Status: in_force

14-1407. Representation by person having substantially identical interest

Unless otherwise represented, a minor, incapacitated person, unborn child or person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person who has a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no material conflict of interest between the representative and the person represented with respect to the particular question or dispute.
A.R.S. § 14-5605 — Arizona Code / Title 14 / Chapter 5 / Article 6 / Section 5605
14-5605 Letter testamentary or of administration not required; statement to be filed; powers and duties
Status: in_force

14-5605. Letter testamentary or of administration not required; statement to be filed; powers and duties

A. Whenever the gross assets of an estate do not exceed in value twenty thousand dollars the public fiduciary may act without the issuance of letters testamentary or of administration by filing with the superior court a statement of administration showing the name and domicile of the decedent, the date and place of death and the name, address and relationship of each known heir or devisee. The filing of this statement has the same effect as the issuance of formal letters testamentary or of administration.

B. In the event the gross assets of an estate in which the public fiduciary commences to act pursuant to a statement of administration later are found to exceed twenty thousand dollars the public fiduciary shall apply for letters for the estate.

C. In the event the public fiduciary, acting in any estate pursuant to subsection A of this section, ascertains the names and whereabouts of persons believed to be heirs or devisees of the estate who are not shown in the statement of administration, the public fiduciary shall file a supplemental statement reflecting the new information.

D. On filing the statement of administration, the public fiduciary may:

1. Take possession of, collect, manage and secure the real and personal property of the decedent.

2. Sell the decedent's real and personal property at private or public sale, without prior court order, if monies are needed to pay expenses of administration, funeral expenses or just claims against the estate and pay these expenses in the order prescribed in section 14-3805.

3. Distribute real or personal property to the estate's personal representative if one is appointed after the statement of administration is filed.

4. Distribute real and personal property to any successor to the decedent who presents an affidavit complying with the requirements of section 14-3971.

5. Sell or abandon perishable property and other property of the decedent if necessary to preserve the 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 him if it does not exceed five thousand dollars.

7. Make necessary funeral arrangements for the decedent and pay reasonable funeral charges with estate assets.

8. Distribute allowances and exempt property pursuant to chapter 2, article 4 of this title.

9. Except as otherwise limited by this section, act in accordance with the powers of a court appointed personal representative as prescribed in section 14-3715.

E. No later than twelve months from the filing of the statement of administration, the public fiduciary shall file with the court an accounting and a proposed distribution and claim for fees if the estate is ready to be settled. If the estate is not ready to be settled the accounting shall contain a statement explaining the delay. The public fiduciary shall file subsequent accountings and explanations on an annual basis until the estate is settled.

F. The public fiduciary shall mail a copy of the accounting, the claim for fees and a proposal for distribution to each person entitled to receive this information including heirs, devisees, known creditors and other persons who have demanded notice. Notification shall be by certified mail. Notice is not required if the public fiduciary cannot reasonably ascertain necessary names and addresses.

G. A decree settling the account and approving the distribution and claim for fees may be entered without further notice or proceedings and with the same effect as in an accounting proceeding unless an objection or claim is properly filed with the court within thirty days after the public fiduciary mails an accounting pursuant to subsection F of this section.
A.R.S. § 14-12102 — Arizona Code / Title 14 / Chapter 12 / Article 1 / Section 12102
14-12102 Definitions
Status: in_force

14-12102. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Conservator" means a person appointed by the court to manage the estate of an adult protected person, including a person appointed under chapter 5 of this title.

3. "Court of this state" or "court in this state" means the superior court.

4. "Guardian" means a person who has qualified as a guardian of an incapacitated person pursuant to testamentary or court appointment and includes a person who is appointed under chapter 5, article 3 of this title.  Guardian does not include a guardian ad litem who is appointed pursuant to section 14-1408 or a representative who is appointed pursuant to section 14-10302.

5. "Guardianship order" means an order appointing a guardian.

6. "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

7. "Incapacitated person" means an adult for whom a guardian has been appointed.

8. "Person", except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

9. "Protected person" means an adult for whom a protective order has been issued.

10. "Protective order" means an order appointing a conservator or other order related to management of an adult's property.

11. "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.

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

13. "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.

14. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.
A.R.S. § 14-13114 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13114
14-13114 Disclosure of digital assets to conservator of protected person
Status: in_force

14-13114. Disclosure of digital assets to conservator of protected person

A. After an opportunity for a hearing under chapter 5, article 4 of this title, the court may grant a conservator access to the digital assets of a protected person.

B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian all of the following:

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

2. A certified copy of the court order that gives the conservator authority over the digital assets of the protected person.

3. 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 account of the protected person.

(b) Evidence linking the account to the trust.

C. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause.  A request made under this subsection must be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.
A.R.S. § 14-5213 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5213
14-5213 Prospective guardian's blindness; burden of proof; specific written findings; definitions
Status: in_force

14-5213. Prospective guardian's blindness; burden of proof; specific written findings; definitions

A. A court may not refuse to appoint an individual as guardian of a minor based on the individual's blindness if the appointment is determined to be otherwise in the best interests of the minor.

B. If an individual's blindness is alleged to have a detrimental impact on a minor, the party who raises the allegation has the burden of proving by clear and convincing evidence that the individual's behavior endangers or is likely to endanger the health, safety or welfare of the minor.

C. If the court denies or limits the blind individual's appointment as guardian, the court shall make specific written findings that state the basis of the denial or limitation.

D. For the purposes of this section:

1. "Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
A.R.S. § 14-3811 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3811
14-3811 Counterclaims
Status: in_force

14-3811. Counterclaims

In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
A.R.S. § 14-3718 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3718
14-3718 Powers of surviving personal representative
Status: in_force

14-3718. Powers of surviving personal representative

Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-personal representatives is not appointed, those appointed may exercise all the powers incident to the office.
A.R.S. § 14-3932 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3932
14-3932 Formal proceedings terminating testate administration; order construing will without adjudicating testacy
Status: in_force

14-3932. Formal proceedings terminating testate administration; order construing will without adjudicating testacy

A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing, approving or decreeing distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of section 14-3931.
A.R.S. § 14-3616 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3616
14-3616 Special administrator; appointed informally; powers and duties
Status: in_force

14-3616. Special administrator; appointed informally; powers and duties

A special administrator appointed by the registrar in informal proceedings pursuant to section 14-3614, paragraph 1 has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon his qualification. The special administrator has the power of a personal representative under this title necessary to perform his duties.
A.R.S. § 14-10412 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10412
14-10412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively
Status: in_force

14-10412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively

A. The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.

B. The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or would impair the trust's administration.

C. On termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
A.R.S. § 14-5309 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5309
14-5309 Notices in guardianship proceedings; damages
Status: in_force

14-5309. Notices in guardianship proceedings; damages

A. In a proceeding for a contact order or modification of a contact order pursuant to section 14-5316 or for the appointment or substitution of a guardian of a ward or an alleged incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of a hearing shall be given to each of the following:

1. The ward or the alleged incapacitated person and that person's spouse, parents and adult children.

2. Any person who is serving as guardian or conservator or who has the care and custody of the ward or the alleged incapacitated person.

3. In case no other person is notified under paragraph 1 of this subsection, at least one of that person's closest adult relatives, if any can be found.

4. Any person who has filed a demand for notice.

B. At least fourteen days before the hearing notice shall be served personally on the ward or the alleged incapacitated person and that person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the ward or the alleged incapacitated person shall be given as provided in section 14-1401. Waiver of notice by the ward or the alleged incapacitated person is not effective unless that person attends the hearing.

C. In addition to stating the time and place of the hearing, a notice given pursuant to this section shall provide notice of the right to a trial by jury under section 14-1306, subsection A.

D. The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct.
A.R.S. § 14-10709 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10709
14-10709 Reimbursement of expenses
Status: in_force

14-10709. Reimbursement of expenses

A. A trustee is entitled to be reimbursed out of the trust property, with reasonable interest, for:

1. Expenses that were properly incurred in the administration of the trust.

2. To the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.

B. An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
A.R.S. § 14-10902 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10902
14-10902 Standard of care; portfolio strategy; risk and return objectives
Status: in_force

14-10902. Standard of care; portfolio strategy; risk and return objectives

A. A trustee shall invest and manage trust assets as a prudent investor would by considering the purposes, terms, distribution requirements and other circumstances of the trust. In satisfying this standard the trustee shall exercise reasonable care, skill and caution.

B. A trustee's investment and management decisions respecting individual assets shall not be evaluated in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.

C. Among circumstances that a trustee shall consider in investing and managing trust assets are any of the following that are relevant to the trust or its beneficiaries:

1. General economic conditions.

2. The possible effect of inflation or deflation.

3. The expected tax consequences of investment decisions or strategies.

4. The role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, specialty assets, alternative investments, tangible and intangible personal property and real property.

5. The expected total return from income and the appreciation of capital.

6. Other resources of the beneficiaries.

7. Needs for liquidity, regularity of income and preservation or appreciation of capital.

8. An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.

D. A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.

E. A trustee may invest in any kind of property or type of investment consistent with the standards of this article.
A.R.S. § 14-9114 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9114
14-9114 Expenses, compensation and bond of custodial trustee
Status: in_force

14-9114. Expenses, compensation and bond of custodial trustee

Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary or by court order, a custodial trustee:

1. Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services.

2. Has a noncumulative election, to be made not later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year.

3. Need not furnish a bond or other security for the faithful performance of fiduciary duties.
A.R.S. § 14-3608 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3608
14-3608 Termination of appointment; general
Status: in_force

14-3608. Termination of appointment; general

Termination of appointment of a personal representative occurs as indicated in sections 14-3609 through 14-3612. Termination ends the right and power pertaining to the office of personal representative as conferred by this title or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding.
A.R.S. § 14-3720 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3720
14-3720 Expenses in estate litigation
Status: in_force

14-3720. Expenses in estate litigation

If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorneys' fees incurred.
A.R.S. § 14-2606 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2606
14-2606 Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent
Status: in_force

14-2606. Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent

A. A specific devisee has a right to the specifically devised property in the testator's estate at death and to the following:

1. Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property.

2. Any amount of a condemnation award for the taking of the property unpaid at death.

3. Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property.

4. Property owned by the testator at death and acquired as a result of foreclosure or obtained in lieu of foreclosure of the security interest for a specifically devised obligation.

B. If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal or if a condemnation award, insurance proceeds or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds or the recovery. It is not necessary to adjudicate the issue of incapacity for an agent to act under this subsection. An agent's actions that are within the authority of a durable power of attorney are presumed to be on behalf of the incapacitated principal. For the purposes of this subsection, "incapacitated principal" means a principal who is an incapacitated person.

C. The right of a specific devisee under subsection B is reduced by any right the devisee has under subsection A.

D. The provisions in subsection B that relate to the actions of a conservator do not apply if, after the sale, mortgage, condemnation, casualty or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year.
A.R.S. § 14-5428 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5428
14-5428 Claims against protected person; enforcement
Status: in_force

14-5428. Claims against protected person; enforcement

A. A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods:

1. The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed.

2. The claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and deliver or mail a copy of the statement to the conservator. A claim is deemed presented on the first to occur of receipt of the written statement of claim by the conservator, or the filing of the claim with the court. A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within ninety days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until thirty days after its disallowance.

B. A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is barred by the applicable statute of limitation and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate.

C. If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference is to be given to prior claims for the care, maintenance and education of the protected person or his dependents and existing claims for expenses of administration.
A.R.S. § 14-3712 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3712
14-3712 Improper exercise of power; breach of fiduciary duty
Status: in_force

14-3712. Improper exercise of power; breach of fiduciary duty

If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 14-3713 and 14-3714.
A.R.S. § 14-2518 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2518
14-2518 Electronic will; requirements; interpretation
Status: in_force

14-2518. Electronic will; requirements; interpretation

A. An electronic will must meet all of the following requirements:

1. Be created and maintained in an electronic record that is readable as text at the time of signing.

2. Contain the electronic signature of the testator or the testator's electronic signature made by some other individual in the testator's conscious presence and by the testator's direction.

3. Contain the electronic signatures of at least two persons, each of whom met all of the following requirements:

(a) Was physically present or electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will.

(b) Electronically signed the will within a reasonable time after the person witnessed the testator signing the will, acknowledging the testator's signature or acknowledging the will as described in subdivision (a) of this paragraph.

(c) If electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will, was physically located within the United States at the time of serving as a witness.

4. State the date that the testator and each of the witnesses electronically signed the will.

5. Contain a copy of a government-issued identification card of the testator that was current at the time of execution of the will.

B. Except as provided in this section and sections 14-2519, 14-2520, 14-2521, 14-2522 and 14-2523, any question raised about the force, effect, validity and interpretation of an electronic will shall be determined in the same manner as a question regarding a paper will executed pursuant to section 14-2502.

C. This section does not apply to a trust except a testamentary trust created in an electronic will.
A.R.S. § 14-3413 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3413
14-3413 Formal testacy proceedings; vacation of order for other cause
Status: in_force

14-3413. Formal testacy proceedings; vacation of order for other cause

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
A.R.S. § 14-9107 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9107
14-9107 General duties of custodial trustee
Status: in_force

14-9107. General duties of custodial trustee

A. If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

B. If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee 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 law restricting investments by fiduciaries, except that a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor.  If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.

C. Subject to subsection B, a custodial trustee shall take control of and collect, hold, manage, invest and reinvest custodial trust property.

D. A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary.  Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, 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".

E. A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

F. The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
A.R.S. § 14-3807 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3807
14-3807 Payment of claims
Status: in_force

14-3807. Payment of claims

A. On the expiration of the earlier of the time limitations prescribed in section 14-3803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for allowance in lieu of homestead, exempt property and family allowance, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.

B. The personal representative at any time may pay any just claim which has not been barred, with or without formal presentation, but the personal representative is personally liable to any other claimant whose claim is allowed and who is injured by such payment if either:

1. The payment was made before the expiration of the time limit stated in subsection A of this section and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants.

2. The payment was made, due to the negligence or wilful fault of the personal representative, in such manner as to deprive the injured claimant of the claimant's priority.
A.R.S. § 14-2517 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2517
14-2517 Penalty clause for contest; restriction
Status: in_force

14-2517. Penalty clause for contest; restriction

A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings or actions relating to the estate is unenforceable if probable cause exists for the contest, proceedings or actions.
A.R.S. § 14-3103 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3103
14-3103 Necessity of appointment for administration
Status: in_force

14-3103. Necessity of appointment for administration

Except as otherwise provided in chapter 4 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person shall be appointed by order of the court or statement of the registrar, shall qualify and shall be issued letters. Administration of an estate is commenced by the issuance of letters.
A.R.S. § 14-10504 — Arizona Code / Title 14 / Chapter 11 / Article 5 / Section 10504
14-10504 Discretionary trusts; effect of standard; definition
Status: in_force

14-10504. Discretionary trusts; effect of standard; definition

A. Except as provided in subsection B of this section, whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if either:

1. The discretion is expressed in the form of a standard of distribution.

2. The trustee has not complied with the applicable standard of distribution or has abused the discretion regarding distributions.

B. To the extent a trustee has not complied with the applicable standard of distribution or has abused the discretion regarding distributions:

1. Except as provided in section 14-10503, a distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child.

2. The court shall direct the trustee to pay to the child an amount as is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.

C. This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution, provided that this right may not be exercised by a creditor of the beneficiary or to the extent that any creditor of the beneficiary takes through the name or rights of the beneficiary.

D. Whether or not a trust contains a spendthrift provision:

1. A creditor of a trust beneficiary may not compel a distribution from insurance proceeds payable to the trustee as beneficiary to the extent state law exempts the insurance proceeds from creditors' claims if it had been paid directly to the trust beneficiary.

2. To the extent that under Arizona law life insurance proceeds, policy cash surrender values or other distributions or payments are exempt from attachment or garnishment by, execution on or otherwise the reach of creditors, if the death benefit is payable to an individual beneficiary, the life insurance proceeds, policy cash surrender values or other distributions or payments are also exempt from attachment or garnishment by, execution on or otherwise the reach of creditors if payable to a trust of which a beneficiary is that individual.

E. A creditor of a beneficiary, whether or not the beneficiary is also a trustee or cotrustee, may not reach the beneficiary's beneficial interest or otherwise compel a distribution if either the trustee's discretion to make distributions for the trustee's or beneficiary's own benefit is purely discretionary or is limited by an ascertainable standard, including a standard relating to the beneficiary's health, education, support or maintenance or similar language within the meaning of section 2041(b)(1)(a) of the internal revenue code.

F. For the purposes of this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.
A.R.S. § 14-7404 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7404
14-7404 Judicial control of discretionary powers
Status: in_force

14-7404. Judicial control of discretionary powers

A. A court shall not change a fiduciary's decision to exercise or not to exercise a discretionary power conferred by this article unless it determines that the decision was an abuse of the fiduciary's discretion.  A court shall not determine that a fiduciary abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion.

B. The decisions to which subsection A of this section applies include:

1. A determination under section 14-7403, subsection A of whether and to what extent an amount should be transferred from principal to income or from income to principal.

2. A determination of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant and the weight, if any, to be given to the relevant factors in deciding whether and to what extent to exercise the power conferred by section 14-7403, subsection A.

C. If a court determines that a fiduciary has abused its discretion, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the fiduciary had not abused its discretion as follows:

1. To the extent that the abuse of discretion has not resulted in a distribution to a beneficiary or a distribution that is too small, the court shall require the fiduciary to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to that person's appropriate position.

2. To the extent that the abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court shall restore the beneficiaries or the trust, or both, in whole or in part, to their appropriate positions by requiring the fiduciary to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary to return some or all of the distribution to the trust.

3. To the extent that the court is unable, after applying paragraphs 1 and 2 of this subsection, to restore the beneficiaries or the trust, or both, to the positions they would have occupied if the fiduciary had not abused its discretion, the court may require the fiduciary to pay an appropriate amount from its own funds to one or more of the beneficiaries or the trust, or both.

D. On a petition by the fiduciary, the court having jurisdiction over the trust or estate shall determine whether a proposed exercise or nonexercise by the fiduciary of a discretionary power conferred by this article will result in an abuse of the fiduciary's discretion.  If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts on which the fiduciary relies and an explanation of how the income and remainder beneficiaries will be affected by the proposed exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion.
A.R.S. § 14-5317 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5317
14-5317 Notice to family members of adult ward's hospitalization or death; definition
Status: in_force

14-5317. Notice to family members of adult ward's hospitalization or death; definition

A. A guardian shall notify the family members of an adult ward if either of the following occurs:

1. The adult ward is admitted to a hospital for a period of more than three days.

2. The adult ward dies. This notification shall include information about any known funeral arrangements and the place of burial.

B. For purposes of this section, "family members" means:

1. The following individuals who are interested parties of the court record:

(a) The adult ward's spouse.

(b) The adult ward's parents.

(c) The adult ward's adult siblings.

(d) All the adult children of the adult ward.

(e) If no person listed under subdivision (a), (b), (c) or (d) of this paragraph can be notified, at least one of the adult ward's closest adult relatives, if such an adult relative can be found, or a person with a significant relationship to the ward.

2. Any person who has filed a demand for notice.
A.R.S. § 14-2609 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2609
14-2609 Satisfaction of a devise during the testator's life; requirements; valuation
Status: in_force

14-2609. Satisfaction of a devise during the testator's life; requirements; valuation

A. Property a testator gave to a person while the testator was alive is treated as a satisfaction of a devise in whole or in part if any of the following requirements are met:

1. The will provides for deduction of the gift.

2. The testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.

3. The devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.

B. For purposes of partial satisfaction, property given while the testator was alive is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.

C. To satisfy the requirements of sections 14-2603 and 14-2604 if the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, unless the testator's contemporaneous writing provides otherwise.
A.R.S. § 14-7426 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7426
14-7426 Disbursements from principal
Status: in_force

14-7426. Disbursements from principal

A. A trustee shall make the following disbursements from principal:

1. The remaining one-half of the disbursements described in section 14-7425, paragraphs 1 and 2.

2. All of the trustee's compensation calculated on principal as a fee for acceptance, distribution or termination and disbursements made to prepare property for sale.

3. Payments on the principal of a trust debt.

4. Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property.

5. Premiums paid on a policy of insurance not described in section 14-7425, paragraph 4 of which the trust is the owner and beneficiary.

6. Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust.

7. Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties and defending claims based on environmental matters.

B. If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
A.R.S. § 14-11009 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11009
14-11009 Beneficiary's consent, release or ratification
Status: in_force

14-11009. Beneficiary's consent, release or ratification

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction constituting the breach, unless either:

1. The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee.

2. At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
A.R.S. § 14-11007 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11007
14-11007 Event affecting administration or distribution
Status: in_force

14-11007. Event affecting administration or distribution

If the happening of an event, including marriage, divorce, performance of educational requirements or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
A.R.S. § 14-2405 — Arizona Code / Title 14 / Chapter 2 / Article 4 / Section 2405
14-2405 Homestead; exempt property and allowances; restriction; source; determination; documentation
Status: in_force

14-2405. Homestead; exempt property and allowances; restriction; source; determination; documentation

A. If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there is no guardian of a minor child.

B. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property.

C. The personal representative may determine the family allowance in a lump sum that does not exceed twelve thousand dollars or in periodic installments that do not exceed one thousand dollars per month for one year, and may disburse monies of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.

D. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment or failure to act under this section may petition the court for appropriate relief including a family allowance other than one that the personal representative determined or could have determined.
A.R.S. § 14-10805 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10805
14-10805 Costs of administration
Status: in_force

14-10805. Costs of administration

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee.
A.R.S. § 14-7663 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7663
14-7663 Powers of custodian
Status: in_force

14-7663. Powers of custodian

A. A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only.

B. This section does not relieve a custodian from liability for a breach of section 14-7662.
A.R.S. § 14-3909 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3909
14-3909 Improper distribution; liability of distributee
Status: in_force

14-3909. Improper distribution; liability of distributee

Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property or money improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If such a distributee does not have the property, he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.
A.R.S. § 14-1405 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1405
14-1405 Representation by holder of general power of appointment
Status: in_force

14-1405. Representation by holder of general power of appointment

The holder of a general power of appointment, including a general testamentary power of appointment, may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power.
A.R.S. § 14-5301.04 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5301.04
14-5301.04 Judicial appointment of conservator or protective order; special provision for incapacitated minors approaching adulthood
Status: in_force

14-5301.04. Judicial appointment of conservator or protective order; special provision for incapacitated minors approaching adulthood

A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be in need of protection may petition the court for appointment of a conservator or request an appropriate protective order pursuant to section 14-5404 and request that any conservatorship order or protective order take effect immediately on the minor's eighteenth birthday.
A.R.S. § 14-6204 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6204
14-6204 Sample forms
Status: in_force

14-6204. Sample forms

A. A contract of deposit that contains provisions in substantially the following form establishes the type of account provided. The account is governed by the requirements of this section that are applicable to that account of that type:

Uniform Single or Multiple Party Account Form

Parties (Name one or more parties):

____________________       _____________________

Ownership                 (Select one and initial):

_____ single party account

_____ multiple party account

Parties own account in proportion to net contributions      unless there is clear and convincing evidence of a

different intent.

Rights at death (select one and initial):

_____ single party account

At death of party, ownership passes as part of party's estate.

_____ single party account with POD

(pay on death) designation

(Name of one or more beneficiaries):

_______________________ _________________________

At death of party, ownership passes to POD (pay on death) beneficiaries and is not part of party's estate.

_____ multiple party account with right of survivorship

At death of party, ownership passes to surviving parties.

Multiple party account with right of survivorship and POD (pay on death) designation

(Name one or more beneficiaries):

_________________________ __________________________

At death of last surviving party, ownership passes to POD (pay on death) beneficiaries and is not part of last surviving party's estate.

_____ multiple party account without right of survivorship

At death of party, deceased party's owner ship passes as part of deceased party's estate.

Agency (power of attorney) designation (optional)

Agents may make account transactions for parties but have no ownership or rights at death unless named as POD (pay on death) beneficiaries.

(To add agency designation to account, name one or more agents):

________________________ _________________________

(Select one and initial):

_____ agency designation survives disability or incapacity of parties

_____ agency designation terminates on disability or incapacity of parties

B. A contract of deposit that does not contain provisions in substantially the form provided in subsection A is governed by the requirements of this article that are applicable to the type of account that most nearly conforms to the depositor's intent.
A.R.S. § 14-2103 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2103
14-2103 Heirs other than surviving spouse; share in estate
Status: in_force

14-2103. Heirs other than surviving spouse; share in estate

Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent:

1. To the decedent's descendants by representation.

2. If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent.

3. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation.

4. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent's paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
A.R.S. § 14-3902 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3902
14-3902 Distribution; order in which assets appropriated; abatement
Status: in_force

14-3902. Distribution; order in which assets appropriated; abatement

A. Except as provided in subsection B, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

1. Property not disposed of by the will.

2. Residuary devises.

3. General devises.

4. Specific devises.

For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

B. If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection A, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.

C. If an estate of a decedent consists partly of separate property and partly of community property:

1. Community debts shall be charged against community property.

2. Separate debts shall be charged against separate property and against the balance of decedent's half of community property.

3. Expenses of administration shall be charged against separate property and decedent's half of community property in proportion to the relative value thereof, but any special expenses attributable to management of community property may be charged against the entire community property.

D. If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
A.R.S. § 14-7423 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7423
14-7423 Derivatives and options; definition
Status: in_force

14-7423. Derivatives and options; definition

A. To the extent that a trustee does not account under section 14-7412 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

B. If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal.  An amount paid to acquire the option must be paid from principal.  A gain or loss realized on the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal.

C. For the purposes of this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments that gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets or changes in a rate, an index of prices or rates or other market indicator for an asset or a group of assets.
A.R.S. § 14-12208 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12208
14-12208 Notice of proceeding
Status: in_force

14-12208. Notice of proceeding

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state.  The notice must be given in the same manner as notice is required to be given pursuant to chapter 5 of this title.
A.R.S. § 14-2903 — Arizona Code / Title 14 / Chapter 2 / Article 9 / Section 2903
14-2903 Reformation of a disposition plan; conditions
Status: in_force

14-2903. Reformation of a disposition plan; conditions

On the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the five hundred years allowed under section 14-2901 if:

1. A nonvested property interest or a power of appointment becomes invalid under section 14-2901.

2. A class gift is not but might become invalid under section 14-2901 and the time has arrived when the share of any class member is to take effect in possession or enjoyment.

3. A nonvested property interest that is not validated by section 14-2901, subsection A, paragraph 1 can vest but not within ninety years after its creation.
A.R.S. § 14-3203 — Arizona Code / Title 14 / Chapter 3 / Article 2 / Section 3203
14-3203 Priority among persons seeking appointment as personal representative
Status: in_force

14-3203. Priority among persons seeking appointment as personal representative

A. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

1. The person with priority as determined by a probated will including a person nominated by a power conferred in a will.

2. The surviving spouse of the decedent who is a devisee of the decedent.

3. Other devisees of the decedent.

4. The surviving spouse of the decedent.

5. Other heirs of the decedent.

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

7. Forty-five days after the death of the decedent, any creditor, except a funeral director or funeral establishment owner who has control of the decedent's remains.

8. The public fiduciary.

B. An objection to an appointment can be made only in formal proceedings. In case of objection the priorities stated in subsection A of this section apply, except that:

1. If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person.

2. In case of objection to appointment of a surviving spouse, other than one whose priority is determined by will, by an heir or devisee appearing to have a substantial interest in the estate, and the surviving spouse is found by the court to be unsuitable, the court may appoint a person who is acceptable to heirs and devisees, whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person.

3. In case of objection to appointment of a person who is not a surviving spouse, other than one whose priority is determined by will, by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value, or, in default of this accord any suitable person.

C. A person entitled to letters under subsection A, paragraphs 2 through 5 of this section and a person who is at least fourteen years of age who would be entitled to letters but for the person's age may nominate a qualified person to act as personal representative.  Any person who is at least eighteen years of age may renounce the person's right to nominate or to an appointment by appropriate writing filed with the court. If two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment.

D. Conservators of the estates of protected persons, or if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person, may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment.

E. Formal proceedings are required to appoint a personal representative in any of the following situations:

1. If there is a person with a higher order of priority who has not renounced or waived the person's right by appropriate writing filed with the court.

2. If a priority is shared by two or more persons, as devisees under subsection A, paragraph 3 of this section, or as heirs under subsection A, paragraph 5 of this section, and one or more of them has not renounced or concurred in nominating the person whose appointment is applied for.

3. If appointment is sought for a person who does not have any priority under this section, under this paragraph the court shall determine that those having priority do not object to the appointment, and that administration is necessary.

F. A person is not qualified to serve as a personal representative who is:

1. Under the age of majority as defined in section 1-215.

2. A person whom the court finds unsuitable in formal proceedings.

3. A foreign corporation.

G. A personal representative appointed by a court of the decedent's domicile has priority over all other persons except if the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative.

H. This section governs priority for appointment of a successor personal representative but does not apply to the selection of a special administrator.
A.R.S. § 14-6203 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6203
14-6203 Types of accounts; existing accounts
Status: in_force

14-6203. Types of accounts; existing accounts

A. An account may be for a single party or multiple parties. A multiple party account may be with or without a right of survivorship between the parties. Subject to the requirements of section 14-6212, subsection C, either a single party account or a multiple party account may have a pay on death designation or an agency designation, or both.

B. An account established before or after December 31, 1994, whether in the form prescribed in section 14-6204 or in any other form, is either a single party account or a multiple party account, with or without the right of survivorship, and with or without a pay on death designation or designating an agent, within the meaning of this section and is governed by this section.
A.R.S. § 14-12106 — Arizona Code / Title 14 / Chapter 12 / Article 1 / Section 12106
14-12106 Taking testimony in another state
Status: in_force

14-12106. Taking testimony in another state

A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state.  The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms on which the testimony is to be taken.

B. In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means.  A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
A.R.S. § 14-7658 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7658
14-7658 Receipt for custodial property
Status: in_force

14-7658. Receipt for custodial property

A written acknowledgement of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article.
A.R.S. § 14-6223 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6223
14-6223 Pay on death accounts; payment
Status: in_force

14-6223. Pay on death accounts; payment

A financial institution, on request, may pay sums on deposit in an account with a pay on death designation to:

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

2. The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties.

3. The personal representative or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented 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.
A.R.S. § 14-10701 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10701
14-10701 Accepting or declining trusteeship
Status: in_force

14-10701. Accepting or declining trusteeship

A. Except as otherwise provided in subsection C, a person designated as trustee accepts the trusteeship either:

1. By substantially complying with a method of acceptance provided in the terms of the trust.

2. If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee or otherwise indicating acceptance of the trusteeship.

B. A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship.  A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.

C. A person designated as trustee, without accepting the trusteeship, may:

1. Act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary.

2. Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
A.R.S. § 14-10814 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10814
14-10814 Discretionary powers; tax savings
Status: in_force

14-10814. Discretionary powers; tax savings

A. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of terms such as absolute, sole or uncontrolled, the trustee shall exercise a discretionary power in good faith as to only beneficiaries of the trust and creditors of the trust and no other persons, including creditors of the beneficiaries, except only to the extent that creditors of beneficiaries are expressly entitled to attachment pursuant to section 14-10504, subsection B and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

B. Subject to subsection D of this section, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:

1. A person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard relating to the trustee's individual health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the internal revenue code. This paragraph does not expand the power or duty of a trustee to make distributions and does not apply to a power held in an individual capacity.

2. A trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.

3. Except in the case of a special needs trust, a settlor who is a trustee of a trust that confers on the trustee a power to make discretionary distributions to or for a beneficiary may exercise the power only in accordance with an ascertainable standard relating to the beneficiary's health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the internal revenue code.  This paragraph does not expand the power or duty of a trustee to make distributions and does not apply to a power held in an individual capacity.

C. A power whose exercise is limited or prohibited by subsection B of this section may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited.  If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.

D. Subsection B of this section does not apply to:

1. A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in section 2056(b)(5) or 2523(e) of the internal revenue code, was previously allowed.

2. Any trust during any period that the trust may be revoked or amended by its settlor.

3. A trust if contributions to the trust qualify for the annual exclusion under section 2503(c) of the internal revenue code.
A.R.S. § 14-6304 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6304
14-6304 Origination of registration
Status: in_force

14-6304. Origination of registration

A security, whether evidenced by certificate or account, is registered in beneficiary form if the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
A.R.S. § 14-4207 — Arizona Code / Title 14 / Chapter 4 / Article 2 / Section 4207
14-4207 Ancillary and other local administrations; provisions governing
Status: in_force

14-4207. Ancillary and other local administrations; provisions governing

In respect to a nonresident decedent, the provisions of chapter 3 of this title govern both:

1. Proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision and discharge of the local personal representative, and any other order concerning the estate.

2. The status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.
A.R.S. § 14-5505 — Arizona Code / Title 14 / Chapter 5 / Article 5 / Section 5505
14-5505 Continuance of durable powers of attorney by affidavit
Status: in_force

14-5505. Continuance of durable powers of attorney by affidavit

A. An affidavit executed by the agent under a durable power of attorney stating that the agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death creates, in the absence of fraud, a rebuttable presumption of the nonrevocation or nontermination of the power at that time.

B. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for purposes of recording is also recordable.

C. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
A.R.S. § 14-1101 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1101
14-1101 Training
Status: in_force

14-1101. Training

A judicial officer presiding over proceedings brought pursuant to this title must participate in training as prescribed by the supreme court.
A.R.S. § 14-3409 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3409
14-3409 Formal testacy proceedings; order; foreign will
Status: in_force

14-3409. Formal testacy proceedings; order; foreign will

After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 14-3108, it shall determine the decedent's domicile at death, his heirs and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 14-3612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
A.R.S. § 14-10417 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10417
14-10417 Combination and division of trusts
Status: in_force

14-10417. Combination and division of trusts

Unless the trust instrument provides that notice is not required, after notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
A.R.S. § 14-12403 — Arizona Code / Title 14 / Chapter 12 / Article 4 / Section 12403
14-12403 Effect of registration
Status: in_force

14-12403. Effect of registration

A. On registration of a guardianship or conservatorship or any other protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed on nonresident parties.

B. A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
A.R.S. § 14-12201 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12201
14-12201 Definitions; significant connection factors
Status: in_force

14-12201. Definitions; significant connection factors

A. In this article, unless the context otherwise requires:

1. "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.

2. "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months before the filing of the petition.

3. "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

B. In determining under section 14-12203 and section 14-12301, subsection E whether a respondent has a significant connection with a particular state, the court shall consider:

1. The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding.

2. The length of time the respondent at any time was physically present in the state and the duration of any absence.

3. The location of the respondent's property.

4. The extent to which the respondent has ties to the state such as voter registration, state or local tax return filing, vehicle registration, driver license, social relationship and receipt of services.
A.R.S. § 14-3302 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3302
14-3302 Informal probate; duty of registrar; effect of informal probate
Status: in_force

14-3302. Informal probate; duty of registrar; effect of informal probate

Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 14-3303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
A.R.S. § 14-3806 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3806
14-3806 Allowance of claims
Status: in_force

14-3806. Allowance of claims

A. As to claims presented in the manner described in section 14-3804 within the time limit prescribed in section 14-3803, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty days after the mailing of the notice of disallowance or partial allowance.  Failure of the personal representative to mail notice to a claimant of action on his claim for sixty days after the time for original presentation of the claim has expired has the effect of a notice of allowance. The personal representative of the estate of a deceased spouse may classify a claim as a community claim payable out of community property, or as a separate claim payable out of separate property and the balance of the decedent's half of community property. Either classification constitutes a disallowance in part; failure to give notice of the classification to the claimant as provided in this subsection, or failure to classify an allowed claim, has the effect of allowing the claim as payable out of either separate or community property, whichever is more beneficial to the claimant.

B. The personal representative may at any time prior to payment, but not later than six months after presentation of the claim, rescind the allowance of a claim and notify the claimant of the change to a disallowance in whole or in part. The disallowed claim is then subject to bar as provided in subsection A. After allowance of a claim by a court order or judgment, or entry of an order directing payment of an allowed claim, the allowance may not be rescinded by the personal representative. After disallowing a claim, the personal representative may change the disallowance to an allowance prior to expiration of the time within which the claimant may file a petition for allowance or commence a proceeding on the claim under subsection A. After a disallowed claim is barred, it may be allowed and paid only if the estate is solvent and all successors whose interests would be affected consent.

C. Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow in whole or in part any claim or claims presented to the personal representative in due time and not barred by subsection A of this section. Notice in this proceeding shall be given to the claimant, the personal representative and those other persons interested in the estate as the court may direct by order entered at the time the proceeding is commenced.

D. A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim.

E. Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing sixty days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
A.R.S. § 14-3408 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3408
14-3408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction
Status: in_force

14-3408. Formal testacy proceedings; will construction; effect of final order in another jurisdiction

A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made.
A.R.S. § 14-3405 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3405
14-3405 Formal testacy proceedings; uncontested cases; hearings and proof
Status: in_force

14-3405. Formal testacy proceedings; uncontested cases; hearings and proof

If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 14-3409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
A.R.S. § 14-3610 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3610
14-3610 Termination of appointment; voluntary
Status: in_force

14-3610. Termination of appointment; voluntary

A. An appointment of a personal representative terminates as provided in section 14-3933, one year after the filing of a closing statement.

B. An order closing an estate as provided in section 14-3931 or 14-3932 terminates an appointment of a personal representative.

C. A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least fifteen days written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him.
A.R.S. § 14-2401 — Arizona Code / Title 14 / Chapter 2 / Article 4 / Section 2401
14-2401 Applicable law
Status: in_force

14-2401. Applicable law

This article applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property and family allowance for a decedent who is not domiciled in this state at the time of death are governed by the law of the decedent's domicile at death.
A.R.S. § 14-2709 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2709
14-2709 Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions
Status: in_force

14-2709. Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions

A. If an applicable statute or a governing instrument calls for property to be distributed by representation or per capita at each generation, the property is divided into as many equal shares as there are surviving descendants in the generation nearest to the designated ancestor that contains one or more surviving descendants and deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.

B. If a governing instrument calls for property to be distributed per stirpes, the property is divided into as many equal shares as there are surviving children of the designated ancestor and deceased children who left surviving descendants. Each surviving child is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.

C. For the purposes of subsections A and B of this section, a person who is deceased and who left no surviving descendant is disregarded. A person who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.

D. This section applies to governing instruments executed after December 31, 1994. In the case of a codicil to a will, an amendment to a trust or another document amending a governing instrument, the date of execution is the date of the codicil, amendment or amending document only if the codicil, amendment or amending document materially affects the dispositive provision being construed under this section.

E. For the purposes of this section:

1. "Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 14-2702.

2. "Distribution date" with respect to an interest means the time when the interest is to take effect in possession or enjoyment. Distribution date does not mean a date that necessarily occurs at the beginning or end of a calendar day but that may occur at a time during the course of a day.

3. "Surviving ancestor", "surviving child" or "surviving descendant" means an ancestor, a child or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under section 14-2702.
A.R.S. § 14-1408 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1408
14-1408 Appointment of guardian ad litem
Status: in_force

14-1408. Appointment of guardian ad litem

At any point in a proceeding brought under this title, the court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn or unascertained person or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate.  If not precluded by conflict of interests, the court may appoint a guardian ad litem to represent several persons or interests.  In its order appointing the guardian ad litem, the court shall state the basis for the appointment.
A.R.S. § 14-9113 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9113
14-9113 Declination, resignation, incapacity, death or removal of custodial trustee; designation of successor custodial trustee
Status: in_force

14-9113. Declination, resignation, incapacity, death or removal of custodial trustee; designation of successor custodial trustee

A. Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under section 14-9103 becomes the custodial trustee or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to section 14-9103.  In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee.

B. A custodial trustee who has accepted the custodial trust property may resign by doing both of the following:

1. Delivering written notice to a successor custodial trustee, if any, the beneficiary and, if the beneficiary is incapacitated, to the beneficiary's conservator, if any.

2. Transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection C of this section.

C. If a custodial trustee or successor custodial trustee is ineligible, resigns, dies or becomes incapacitated, the successor who is designated under section 14-9102, subsection G or section 14-9103 becomes the custodial trustee.  If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee.  If the beneficiary is incapacitated or fails to act within ninety days after the ineligibility, resignation, death or incapacity of the custodial trustee, the beneficiary's conservator becomes the successor custodial trustee.  If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee.

D. If a successor custodial trustee is not designated pursuant to subsection C of this section, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court to designate a successor custodial trustee.

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

F. A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties or for other appropriate relief.
A.R.S. § 14-5301.01 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5301.01
14-5301.01 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation
Status: in_force

14-5301.01. Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation

A. The appointment of a guardian pursuant to section 14-5301 is effective on the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse or a written determination by a physician who has examined the appointing parent or spouse that the appointing parent or spouse is no longer able to care for the incapacitated person, whichever first occurs.

B. A guardian appointed pursuant to section 14-5301 is eligible to act on the filing of an acceptance of appointment, which must be filed within thirty days after the guardian's appointment becomes effective. The guardian must:

1. File the notice of acceptance of appointment and a copy of the will with the court in the county in which the will was or could be probated or, in the case of a signed writing created pursuant to section 14-5301, file the acceptance of appointment and the signed writing with the court in the county in which the incapacitated person resides or is present.

2. Give written notice of the acceptance of appointment to the appointing parent or spouse, if living, the incapacitated person, a person having care or custody of the incapacitated person other than the appointing parent or spouse, and the adult nearest in kinship.  Unless the appointment was previously confirmed by the court, the notice given pursuant to this paragraph must include a statement of the right of those notified to terminate the appointment by filing a written objection as provided in section 14-5301.

C. An appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state.

D. Unless the appointment was previously confirmed by the court, within thirty days after filing the notice and the will or signed writing, a guardian appointed pursuant to section 14-5301 must file a petition in the court for confirmation of the appointment.  Notice of the filing must be given in the manner as prescribed in section 14-5309.

E. The authority of a guardian appointed under section 14-5301 terminates on the appointment of a guardian by the court or the giving of written notice to the guardian of the filing of an objection pursuant to section 14-5301, whichever first occurs.

F. The appointment of a guardian under this section is not a determination of incapacity.

G. The powers of a guardian who timely complies with the requirements of subsections B and D of this section give acts by the guardian that are of benefit to the incapacitated person and that occurred on or after the date the appointment became effective the same effect as those that occurred after the filing of the acceptance of appointment.
A.R.S. § 14-13105 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13105
14-13105 Terms-of-service agreement
Status: in_force

14-13105. Terms-of-service agreement

A. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.

B. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

C. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under section 14-13104.
A.R.S. § 14-1201 — Arizona Code / Title 14 / Chapter 1 / Article 2 / Section 1201
14-1201 Definitions
Status: in_force

14-1201. Definitions

In this title, unless the context otherwise requires:

1. "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, a person who is authorized to make decisions concerning another person's health care and a person who is authorized to make decisions for another person under a natural death act.

2. "Application" means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title.

3. "Basis for compensation" means an hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs.

4. "Beneficiary", as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer.  As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust. As it relates to a beneficiary of a beneficiary designation, beneficiary refers to a beneficiary of an insurance or annuity policy, an account with pay on death designation, a security registered in beneficiary form or a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. As it relates to a beneficiary designated in a governing instrument, beneficiary includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised.

5. "Beneficiary designation" refers to a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with pay on death designation, of a security registered in beneficiary form or of a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death.

6. "Certified paper original" means a tangible medium that contains both the text of an electronic will and any self-proving affidavit concerning the electronic will and that is accompanied by an affidavit that is executed pursuant to section 14-2523.

7. "Child" includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. Child excludes a person who is only a stepchild, a foster child, a grandchild or a more remote descendant.

8. "Claims", in respect to estates of decedents and protected persons, includes liabilities of the decedent or the protected person, whether arising in contract, in tort or otherwise, and liabilities of the estate that arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. Claims do not include estate or inheritance taxes or demands or disputes regarding title of a decedent or a protected person to specific assets alleged to be included in the estate.

9. "Community property" means that property of a husband and wife that is acquired during the marriage and that is community property as prescribed in section 25-211.

10. "Conservator" means a person who is appointed by a court to manage the estate of a protected person.

11. "Court" means the superior court.

12. "Dependent child" means a minor child whom the decedent was obligated to support or an adult child who was in fact being supported by the decedent at the time of the decedent's death.

13. "Descendant" means all of the decedent's descendants of all generations, with the relationship of parent and child at each generation.

14. "Devise", when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will.

15. "Devisee" means a person designated in a will to receive a devise.  For the purposes of chapter 3 of this title, in the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.

16. "Disability" means cause for a protective order as described in section 14-5401.

17. "Distributee" means any person who has received property of a decedent from that person's personal representative other than as a creditor or purchaser. Distributee includes a testamentary trustee only to the extent of distributed assets or increment that remains in that person's hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

18. "Electronic" means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities.

19. "Electronically present" means two or more individuals who are in different physical locations and who are communicating by means of technology that enables all individuals to see and hear each other in real time to the same extent as if the individuals were physically present in the same location.

20. "Electronic record" means a record that is created, generated, sent, communicated, received or stored by electronic means.

21. "Electronic signature" means an electronic method or process that does both of the following:

(a) Is attached to or logically associated with an electronic record and that is executed or adopted by a person with the intent to sign the electronic record.

(b) Uses a security procedure that allows a determination that the electronic signature was all of the following:

(i) Unique to the person using it.

(ii) Capable of verification.

(iii) Under the sole control of the person making the electronic signature.

(iv) Linked to the electronic record to which the electronic signature relates in a manner so that if the electronic record is changed the electronic signature is invalidated.

22. "Electronic will" means a testamentary instrument that is executed and maintained on an electronic medium and that is executed in compliance with section 14-2518.

23. "Estate" includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title.

24. "Exempt property" means that property of a decedent's estate that is described in section 14-2403.

25. "Fiduciary" includes a personal representative, guardian, conservator and trustee.

26. "Foreign personal representative" means a personal representative who is appointed by another jurisdiction.

27. "Formal proceedings" means proceedings that are conducted before a judicial officer with notice to interested persons.

28. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with pay on death designation, security registered in beneficiary form, pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or power of attorney or supported decision-making agreement or a dispositive, appointive or nominative instrument of any similar type.

29. "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely a guardian ad litem.

30. "Guardian ad litem" includes a person who is appointed pursuant to section 14-1408.

31. "Heirs", except as controlled by section 14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent.

32. "Incapacitated person" has the same meaning prescribed in section 14-5101.

33. "Informal proceedings" means those proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative.

34. "Interested person" includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. Interested person also includes a person who has priority for appointment as personal representative and other fiduciaries representing interested persons. Interested person, as the term relates to particular persons, may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

35. "Issue" of a person means descendant as defined in this section.

36. "Joint tenants with the right of survivorship" and "community property with the right of survivorship" includes co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others but excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution.

37. "Lease" includes any oil, gas or other mineral lease.

38. "Letters" includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship.

39. "Minor" means a person who is under eighteen years of age.

40. "Mortgage" means any conveyance, agreement or arrangement in which property is encumbered or used as security. Mortgage does not include leases or easements.

41. "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of the decedent's death.

42. "Organization" means a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency or any other legal or commercial entity.

43. "Original will" means either an original paper will or a certified paper original of an electronic will.

44. "Paper will" means a testamentary instrument that is executed and maintained on a tangible medium and that is executed in compliance with section 14-2502 or 14-2503.

45. "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent.

46. "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision or any other person who is authorized or obligated by law or a governing instrument to make payments.

47. "Person" means an individual or an organization.

48. "Personal representative" includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.  A general personal representative excludes a special administrator.

49. "Petition" means a written request to the court for an order after notice.

50. "Proceeding" includes action at law and suit in equity.

51. "Property" has the same meaning prescribed in section 14-10103.

52. "Protected person" has the same meaning prescribed in section 14-5101.

53. "Protective proceeding" has the same meaning prescribed in section 14-5101.

54. "Qualified custodian" means a person who fulfills the requirements of section 14-2520.

55. "Registrar" means the official of the court who is designated to perform the functions of registrar as provided in section 14-1307.

56. "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under that title or lease, collateral trust certificate, transferable share or voting trust certificate and, in general, includes any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of these securities.

57. "Separate property" means that property of a husband or wife that is the spouse's separate property as defined in section 25-213.

58. "Settlement", in reference to a decedent's estate, includes the full process of administration, distribution and closing.

59. "Special administrator" means a personal representative as described by sections 14-3614 through 14-3618.

60. "State" has the same meaning prescribed in section 14-10103.

61. "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.

62. "Successors" means persons, other than creditors, who are entitled to property of a decedent under a will or this title.

63. "Supervised administration" refers to the proceedings described in chapter 3, article 5 of this title.

64. "Survive" means that a person has neither predeceased an event, including the death of another person, nor is deemed to have predeceased an event under section 14-2104 or 14-2702.

65. "Tangible medium" means a medium on which information may be inscribed by writing, typing, printing or similar means and that is perceivable by reading directly from the medium on which the information is inscribed.

66. "Testacy proceeding" means a proceeding to establish a will or determine intestacy.

67. "Testator" includes a person of either sex.

68. "Trust" includes an express trust, private or charitable, with any additions, wherever and however created. Trust also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. Trust excludes other constructive trusts and excludes resulting trusts, conservatorship, personal representatives, trust accounts, custodial arrangements pursuant to chapter 7, article 7 of this title, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions or employee benefits of any kind, trusts created by a city or town for the payment of medical insurance, health care benefits or expenses, long-term or short-term disability, self insurance reserves and similar programs administered by a city or town, legal defense trusts and any arrangement under which a person is nominee or escrowee for another.

69. "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by the court.

70. "Ward" has the same meaning prescribed in section 14-5101.

71. "Will" includes a codicil and any testamentary instrument that merely appoints a personal representative, revokes or revises another will, nominates a guardian or conservator, or both, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.  A will may be a paper will or an electronic will.
A.R.S. § 14-10816 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10816
14-10816 Specific powers of trustee
Status: in_force

14-10816. Specific powers of trustee

Without limiting the authority conferred by section 14-10815, a trustee may:

1. Collect trust property and accept or reject additions to the trust property from a settlor or any other person.

2. Acquire or sell property, for cash or on credit, at public or private sale.

3. Exchange, partition or otherwise change the character of trust property.

4. Deposit trust money in an account in a regulated financial service institution.

5. Borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust.

6. With respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members or property owners, including merging, dissolving or otherwise changing the form of business organization or contributing additional capital.

7. With respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:

(a) Vote, give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement.

(b) Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery.

(c) Pay calls, assessments and other sums chargeable or accruing against the securities and sell or exercise stock subscription or conversion rights.

(d) Deposit the securities with a depositary or other regulated financial service institution.

8. With respect to an interest in real property, construct or make ordinary or extraordinary repairs to, alterations to or improvements in buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements and make or vacate plats and adjust boundaries.

9. Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust.

10. Grant an option involving a sale, lease or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired.

11. Insure the property of the trust against damage or loss and insure the trustee, the trustee's agents and beneficiaries against liability arising from the administration of the trust.

12. Abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration.

13. With respect to possible liability for violation of environmental law:

(a) Inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property.

(b) Take action to prevent, abate or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement.

(c) Decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law.

(d) Compromise claims against the trust that may be asserted for an alleged violation of environmental law.

(e) Pay the expense of any inspection, review, abatement or remedial action to comply with environmental law.

14. Pay or contest any claim, settle a claim by or against the trust and release in whole or in part a claim belonging to the trust.

15. Pay taxes, assessments, compensation of the trustee and of employees and agents of the trust and other expenses incurred in the administration of the trust.

16. Exercise elections with respect to federal, state and local taxes.

17. Select a mode of payment under any employee benefit or retirement plan, annuity or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds.

18. Make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans.

19. Pledge trust property to guarantee loans made by others to the beneficiary.

20. Appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer on the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security and remove any trustee so appointed.

21. Pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary's benefit, or by either:

(a) Paying it to the beneficiary's conservator or, if the beneficiary does not have a conservator, the beneficiary's guardian.

(b) Paying it to the beneficiary's custodian under the uniform transfers to minors act or custodial trustee under the uniform custodial trust act, and, for that purpose, creating a custodianship or custodial trust.

(c) If the trustee does not know of a conservator, guardian, custodian or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary to be expended on the beneficiary's behalf.

(d) Managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution.

22. On distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets, including community property, in proportionate or disproportionate shares, value the trust property for those purposes and adjust for resulting differences in valuation.  In making a division or distribution of community property held in trust, the trustee may consider community property held outside the trust so that the division of community property held in the trust and outside of the trust is made based on equal value but not necessarily proportionately.

23. Resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration or other procedure for alternative dispute resolution.

24. Prosecute or defend an action, claim or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties.

25. Sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee's powers.

26. On termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it.
A.R.S. § 14-10101 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10101
14-10101 Short title
Status: in_force

14-10101. Short title

This chapter may be cited as the Arizona trust code.
A.R.S. § 14-5427 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5427
14-5427 Preservation of estate plan
Status: in_force

14-5427. Preservation of estate plan

In investing the estate, and in selecting assets of the estate for distribution under section 14-5425, subsection A, in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person known to them, including the will, any revocable trust of which the person is settlor, and any contract, transfer or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person's death to another or other persons. The conservator may examine the will of the protected person.
A.R.S. § 14-2522 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2522
14-2522 Electronic record; access; destruction
Status: in_force

14-2522. Electronic record; access; destruction

A. A qualified custodian shall provide access to or information concerning the electronic will in the electronic record or the certified paper original of the electronic will only to:

1. The testator or another person as directed by the written instructions of the testator.

2. After the death of the testator, the nominated personal representative of the testator or any interested person.

B. A qualified custodian may destroy the electronic record at the earlier of:

1. One hundred years after the testator's death.

2. Five years after the testator's last will is admitted to probate and all appellate opportunities have been exhausted.

C. A qualified custodian shall cancel, render unreadable or obliterate the electronic record if the testator directs the qualified custodian to do so in a writing executed with the same formalities required for the execution of an electronic will.
A.R.S. § 14-6221 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6221
14-6221 Financial institutions; types of accounts
Status: in_force

14-6221. Financial institutions; types of accounts

A. A financial institution may enter into a contract of deposit for a multiple party account to the same extent it may enter into a contract of deposit for a single party account and may provide for a pay on death designation and an agency designation in either a single party account or a multiple party account.

B. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
A.R.S. § 14-10819 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10819
14-10819 Trustee's special power to appoint to other trust
Status: in_force

14-10819. Trustee's special power to appoint to other trust

A. Unless the terms of the trust instrument expressly provide otherwise, a trustee who has the discretion under the terms of a testamentary instrument or irrevocable inter vivos agreement to make distributions, regardless of whether a standard is provided in the trust instrument to or for the benefit of a beneficiary of the trust, may exercise without prior court approval the trustee's discretion by appointing part or all of the trust property in favor of a trustee of another trust if the exercise of this discretion:

1. Does not reduce any fixed nondiscretionary income payment to a beneficiary.

2. Does not alter any nondiscretionary annuity or unitrust payment to a beneficiary.

3. Is in favor of the beneficiaries of the trust.

4. Results in any ascertainable standard applicable for distributions from the trust being the same or more restrictive standard applicable for distributions from the recipient trust when the trustee exercising the power to appoint trust property described in this subsection is a possible beneficiary under the standard.

5. Does not adversely affect the tax treatment of the trust, the trustee, the settlor or the beneficiaries.

6. Does not violate the limitations on validity under sections 14-2901 and 14-2905.

B. This section applies to a trust governed by the laws of this state, including a trust whose governing jurisdiction is transferred to this state.

C. The exercise of the trustee's power to appoint trust property under subsection A of this section is considered to be the exercise of a special power of appointment.

D. The trustee, in the trustee's sole discretion, before or after the exercise of the trustee's power to appoint trust property under subsection A of this section, may request the court to approve the exercise.

E. The trustee may exercise the power to appoint all of the trust property pursuant to subsection A of this section by restating the trust instrument.
A.R.S. § 14-10106 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10106
14-10106 Common law of trusts; principles of equity
Status: in_force

14-10106. Common law of trusts; principles of equity

A. The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.

B. The court shall look to the restatement (second) of trusts for interpretation of the common law and not to subsequent restatements of trusts to determine:

1. The rights and powers of creditors of beneficiaries.

2. The duties of trustees to distribute to those to whom a beneficiary owes any duties.

3. Whether public policy may affect enforceability and effectiveness of the terms of the trust.

4. And effectuate the settlor's intent.
A.R.S. § 14-8101 — Arizona Code / Title 14 / Chapter 8 / Article 1 / Section 8101
14-8101 Adult adoption; agreement; consent of spouse; court procedure; petition
Status: in_force

14-8101. Adult adoption; agreement; consent of spouse; court procedure; petition

A. Any adult person may adopt either another adult person who is at least eighteen years of age and not more than twenty-one years of age and who consents to the adoption or another adult person who is a current or previous stepchild or a niece, nephew, cousin or grandchild of the adopting person, by an agreement of adoption approved by a decree of adoption of the court in the county in which either the person adopting or the person adopted resides.  A foster parent may adopt an adult who was placed in the foster parent's care when the adult was a juvenile if the foster parent has maintained a continuous familial relationship with that person for five or more years.

B. The agreement of adoption shall be in writing, shall be executed by the person adopting the person to be adopted and shall state that the parties agree to assume toward each other the legal relation of parent and child and to have all of the rights and to be subject to all of the duties and responsibilities of that relation.

C. A married person who is not legally separated from that person's spouse cannot adopt an adult person without the consent of the spouse of the adopting person if the spouse is capable of giving the consent. A married person who is not legally separated from that person's spouse cannot be adopted without the consent of the spouse of the person to be adopted if the spouse is capable of giving that consent.  Neither the consent of the natural parent or parents of the person to be adopted, of the division nor of any other person is required.

D. The adopting person and the person to be adopted may file in the court in the county in which either resides a petition for a decree of adoption.  The court shall assign the case to a division of the superior court that shall fix a time and place for a hearing on the petition. Both the person adopting and the person to be adopted shall appear at the hearing in person.  An attorney may appear on behalf of a person who is not able to appear if the attorney has that person's written authorization.  The court may require notice of the time and place of the hearing to be served on any other interested persons.  Any interested person may appear and object to the proposed adoption.  Before the hearing, a person designated by the court shall submit a written report concerning information that person gathers by observation or investigation regarding the welfare, competency and best interests of the parties and the public. The court in its discretion may require additional investigation if it finds that the welfare of the proposed adoptee will be served or if additional information is necessary to make an appropriate decision regarding the adoption.

E. At the hearing the court shall examine the parties or the attorney of any party who is not present.  If the court determines that the adoption will be for the best interests of the parties and in the public interest, the court shall approve the agreement of adoption and make a decree of adoption declaring that the person adopted is the child of the adopting person.  If the court determines that the adoption is not in the best interests of the parties and the public interest, the court shall deny the petition for adoption.

F. The petition for adoption shall state:

1. The length and nature of the relationship between the person seeking to adopt and the proposed adoptee.

2. The degree of kinship, if any.

3. The reason the adoption is sought, together with a statement as to why the adoption would be in the best interests of the person seeking to adopt, the proposed adoptee and the public.

4. The names and addresses of any living parents or adult children of the proposed adoptee.

5. Whether the person seeking to adopt or that person's spouse has previously adopted any other adult person and, if so, the name of the person with the date and place of the adoption.

G. In determining whether or not the adoption of any person is in the public interest or the best interests of the persons seeking the adoption, the court may consider evidence without regard to the rules of evidence.
A.R.S. § 14-9103 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9103
14-9103 Custodial trustee for future payment or transfer
Status: in_force

14-9103. Custodial trustee for future payment or transfer

A. A person having the right to designate the recipient of property payable or transferable on a future event may create a custodial trust on the occurrence of the future event by designating in writing the recipient, followed in substance by: "as custodial trustee for _______________ (name of beneficiary) under the Uniform Custodial Trust Act pursuant to title 14, chapter 9, Arizona Revised Statutes".

B. Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.

C. A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment or a writing designating a beneficiary of contractual rights.  Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer or obligor of the future right.
A.R.S. § 14-2510 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2510
14-2510 Incorporating outside document into a will; requirements
Status: in_force

14-2510. Incorporating outside document into a will; requirements

A testator may incorporate a written document into the testator's will by reference if the following requirements are met:

1. The document exists at the time the testator executes the will.

2. The will's language manifests the testator's intent to incorporate this document.

3. The will's language describes the document with enough specificity to allow its identification.
A.R.S. § 14-12205 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12205
14-12205 Exclusive and continuing jurisdiction
Status: in_force

14-12205. Exclusive and continuing jurisdiction

Except as otherwise provided in section 14-12204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
A.R.S. § 14-1403 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1403
14-1403 Pleadings
Status: in_force

14-1403. Pleadings

In formal proceedings involving trusts or estates of decedents, minors, protected persons or incapacitated persons, interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in some other appropriate manner.
A.R.S. § 14-5702 — Arizona Code / Title 14 / Chapter 5 / Article 8 / Section 5702
14-5702 Time and manner of execution; information
Status: in_force

14-5702. Time and manner of execution; information

A. A fiduciary arrest warrant is executed by the arrest of the person named in the warrant.  The fiduciary arrest warrant may be executed at any time.

B. When making an arrest pursuant to a fiduciary arrest warrant the arresting officer shall inform the person named in the warrant that the arresting officer has a fiduciary arrest warrant unless:

1. The named person flees or forcibly resists before the arresting officer has an opportunity to inform the named person.

2. Providing this information will imperil the arrest.

C. To execute a fiduciary arrest warrant, the arresting officer may use reasonable force to enter any building in which the person named in the warrant is or is reasonably believed to be.

D. The arresting officer does not need to possess the fiduciary arrest warrant at the time of the arrest.  If after the arrest the arrested person requests to see the fiduciary arrest warrant the arresting officer shall show the arrested person a copy of the warrant as soon as practicable.

E. The arrested person shall be brought before the issuing judicial officer as soon as possible or, if that judicial officer is absent or unable to act, before the nearest or most accessible judicial officer of the superior court in the same county.  The arrested person shall be brought before a judicial officer of the superior court in the issuing county or the county of arrest within twenty-four judicial business hours after the execution of the warrant.  If the arrested person is arrested in a county other than the county in which the fiduciary arrest warrant was issued, the arresting officer shall notify the sheriff in the county of issue who shall take custody of and transport the arrested person to the issuing judicial officer as soon as possible.
A.R.S. § 14-3801 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3801
14-3801 Notice to creditors
Status: in_force

14-3801. Notice to creditors

A. Unless notice has already been given under this section, at the time of appointment a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.

B. A personal representative shall give written notice by mail or other delivery to all known creditors, notifying the creditors of the personal representative's appointment. The notice shall also notify all known creditors to present the creditor's claim within four months after the published notice, if notice is given as provided in subsection A, or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred. A written notice shall be the notice described in subsection A or a similar notice.

C. The personal representative is not liable to a creditor or to a successor of the decedent for giving or failing to give notice under this section.
A.R.S. § 14-5212 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5212
14-5212 Resignation or removal proceedings
Status: in_force

14-5212. Resignation or removal proceedings

A. Any person interested in the welfare of a ward or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward, or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

B. Notice of a hearing on a petition for an order subsequent to appointment shall be given to a ward who is at least fourteen years of age, the guardian and any other person the court orders to receive the notice.

C. After notice and a hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

D. If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age.
A.R.S. § 14-5704 — Arizona Code / Title 14 / Chapter 5 / Article 8 / Section 5704
14-5704 Entry into criminal information system
Status: in_force

14-5704. Entry into criminal information system

A fiduciary arrest warrant shall be entered in the wanted person file of the Arizona criminal justice information system.
A.R.S. § 14-1106 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1106
14-1106 Effect of fraud and evasion
Status: in_force

14-1106. Effect of fraud and evasion

If fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
A.R.S. § 14-7406 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7406
14-7406 Distribution to residuary and remainder beneficiaries
Status: in_force

14-7406. Distribution to residuary and remainder beneficiaries

A. Each beneficiary described in section 14-7405, paragraph 4 is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date.  If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date.

B. In determining a beneficiary's share of net income, the following apply:

1. The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.

2. The beneficiary's fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust.

3. The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.

4. The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.

C. If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

D. A fiduciary may apply this section to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset.
A.R.S. § 14-7419 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7419
14-7419 Liquidating assets; definition
Status: in_force

14-7419. Liquidating assets; definition

A. A trustee shall allocate to income ten per cent of the receipts from a liquidating asset and the balance to principal.

B. For the purposes of this section, "liquidating asset":

1. Means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration.

2. Includes a leasehold, patent, copyright, royalty right and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance.

3. Does not include:

(a) A payment subject to section 14-7418.

(b) Resources subject to section 14-7420.

(c) Timber subject to section 14-7421.

(d) An activity subject to section 14-7423.

(e) An asset subject to section 14-7424.

(f) Any asset for which the trustee establishes a reserve for depreciation under section 14-7427.
A.R.S. § 14-4401 — Arizona Code / Title 14 / Chapter 4 / Article 4 / Section 4401
14-4401 Effect of adjudication for or against personal representative
Status: in_force

14-4401. Effect of adjudication for or against personal representative

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
A.R.S. § 14-1306 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1306
14-1306 Jury trial
Status: in_force

14-1306. Jury trial

A. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.

B. If there is no right to trial by jury under subsection A of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
A.R.S. § 14-1402 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1402
14-1402 Notice; waiver
Status: in_force

14-1402. Notice; waiver

A person, including a guardian ad litem, conservator or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding.
A.R.S. § 14-7506 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7506
14-7506 Deposit in name of fiduciary as such
Status: in_force

14-7506. Deposit in name of fiduciary as such

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
A.R.S. § 14-6226 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6226
14-6226 Financial institutions; discharge of claims; exception
Status: in_force

14-6226. Financial institutions; discharge of claims; exception

A. A payment made pursuant to this article in accordance with the type of account discharges the financial institution from all claims for these amounts, whether or not the payment is consistent with the beneficial ownership of the account as between parties or beneficiaries or their successors. Payment may be made whether or not a party, beneficiary or agent has disabilities, is incapacitated or deceased when payment is requested, received or made.

B. Protection under this section does not extend to payments made after a financial institution has received written notice from a party or from the deceased party's personal representative, surviving spouse or heir or devisee if this notice states that payments in accordance with the terms of the account, including one having an agency designation, should not be permitted and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party shall concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.

C. A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.

D. Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.
A.R.S. § 14-10302 — Arizona Code / Title 14 / Chapter 11 / Article 3 / Section 10302
14-10302 Appointment of representative
Status: in_force

14-10302. Appointment of representative

A. If the court determines that a beneficiary's interest is not represented under this chapter or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated person, unborn child or person whose identity or location is unknown.  The court may appoint a representative for several persons or interests.

B. A representative appointed under this section may act on behalf of the person represented with respect to any matter arising under this title, whether or not a judicial proceeding concerning the trust is pending.

C. In making decisions, a representative may consider general benefit accruing to the living members of the family of the person represented.

D. The court's authority to appoint a representative under this section is in addition to its authority to appoint a guardian ad litem under section 14-1408.
A.R.S. § 14-7405 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7405
14-7405 Determination and distribution of net income
Status: in_force

14-7405. Determination and distribution of net income

After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following apply:

1. A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically given to a beneficiary pursuant to the provisions of sections 14-7407 through 14-7430 that apply to trustees and paragraph 5 of this section.  The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property.

2. A fiduciary shall determine the remaining net income of a decedent's estate or a terminating income interest pursuant to the provisions of section 14-7407 through 14-7430 that apply to trustees and by:

(a) Including in net income all income from property used to discharge liabilities.

(b) Paying from income or principal, in the fiduciary's discretion, fees of attorneys, accountants and fiduciaries, court costs and other expenses of administration and interest on death taxes, but the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of those expenses from income will not cause the reduction or loss of the deduction.

(c) Paying from principal all other disbursements made or incurred in connection with the settlement of a decedent's estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust or applicable law.

3. A fiduciary shall distribute to a beneficiary who receives a pecuniary amount outright the interest or any other amount provided by the will, the terms of the trust or applicable law from net income determined under paragraph 2 of this section or from principal to the extent that net income is insufficient. If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends and no interest or other amount is provided for by the terms of the trust or applicable law, the fiduciary shall distribute the interest or other amount to which the beneficiary would be entitled under applicable law if the pecuniary amount were required to be paid under a will.

4. A fiduciary shall distribute the net income remaining after distributions required by paragraph 3 of this section in the manner described in section 14-7406 to all other beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust.

5. A fiduciary may not reduce principal or income receipts from property described in paragraph 1 of this section because of a payment described in section 14-7425 or 14-7426 to the extent that the will, the terms of the trust or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party.  The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on or after the date of a decedent's death or an income interest's terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed.
A.R.S. § 14-2504 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2504
14-2504 Self-proved wills; sample form; signature requirements
Status: in_force

14-2504. Self-proved wills; sample form; signature requirements

A. A will may be simultaneously executed, attested and made self-proved by its acknowledgment by the testator and by affidavits of the witnesses if the acknowledgment and affidavits are made before an officer authorized to administer oaths under the laws of the state in which execution occurs and are evidenced by the officer's certificate, under official seal, in substantially the following form:

I, _______________, the testator, sign my name to this instrument this _____ day of _______________, and being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my will 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 that document and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence.

_______________________

Testator

We, _______________, _______________, the witnesses, sign our names to this instrument being first duly sworn and do declare to the undersigned authority that the testator signs and executes this instrument as his/her will and that he/she signs it willingly, or willingly directs another to sign for him/her, and that each of us, in the presence and hearing of the testator, signs this will as witness to the testator's signing and that to the best of our knowledge the testator is eighteen years of age or older, of sound mind and under no constraint or undue influence.

____________________

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)

B. An attested will may be made self-proved at any time after its execution by its acknowledgment by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:

The State of _______________

County of __________________

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 that document, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his/her knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence.

_________________________

Testator

_________________________

Witness

_________________________

Witness

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)

C. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.
A.R.S. § 14-7501 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7501
14-7501 Definitions
Status: in_force

14-7501. Definitions

A. In this article, unless the context otherwise requires:

1. "Bank" includes commercial banks, savings banks, trust companies, and any person or association of persons, whether incorporated or not, carrying on the business of banking.

2. "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate.

3. "Person" includes a corporation, partnership, or other association, or two or more persons having a joint or common interest.

4. "Principal" includes any person to whom a fiduciary as such owes an obligation.

B. A thing is done "in good faith" within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not.
A.R.S. § 14-3104 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3104
14-3104 Claims against decedent; necessity of administration
Status: in_force

14-3104. Claims against decedent; necessity of administration

No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this chapter. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 14-3934 or from a former personal representative individually liable as provided in section 14-3935. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
A.R.S. § 14-5411 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5411
14-5411 Bond; exception
Status: in_force

14-5411. Bond; exception

A. Except as otherwise provided in subsection B of this section, the court shall require a conservator to furnish a bond conditioned on faithful discharge of all duties according to law, with sureties as it shall specify. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus one year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land that the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. For good cause shown the court may reduce or eliminate the bond to the extent of regular fixed expenses paid for the benefit of the protected person. The court in lieu of sureties on a bond may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.

B. A bond is not required of a conservator that is a national banking association, a holder of a banking permit under the laws of this state, a savings and loan association authorized to conduct trust business in this state, a title insurance company qualified to do business under the laws of this state, a trust company holding a certificate to engage in trust business from the deputy director of the financial institutions division of the department of insurance and financial institutions or the public fiduciary.
A.R.S. § 14-5306 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5306
14-5306 Termination of guardianship for incapacitated person
Status: in_force

14-5306. Termination of guardianship for incapacitated person

Except pursuant to section 14-5317, the authority and responsibility of a guardian for an incapacitated person terminates on the death of the guardian or ward, a determination of incapacity of the guardian, or substitution or resignation as provided in section 14-5307. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the guardian's ward.
A.R.S. § 14-5651 — Arizona Code / Title 14 / Chapter 5 / Article 7 / Section 5651
14-5651 Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions
Status: in_force

14-5651. Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions

A. Except as provided by subsection G of this section, the superior court shall not appoint a fiduciary unless that person is licensed by the supreme court. The supreme court shall administer the licensure program and shall adopt rules and establish and collect fees necessary for its implementation.  The supreme court shall deposit, pursuant to sections 35-146 and 35-147, the monies collected pursuant to this subsection in the confidential intermediary and fiduciary fund established by section 8-135. At a minimum the rules adopted pursuant to this subsection shall include the following:

1. A code of conduct.

2. A requirement that fiduciaries post a cash deposit or surety bond with the supreme court.

3. A requirement that on appointment a fiduciary who is serving as a guardian or conservator must provide written information to the ward or protected person and all persons entitled to notice pursuant to section 14-5309 or 14-5405 that the fiduciary is licensed by the supreme court and subject to regulation by the supreme court.  The language of the written information provided by the fiduciary shall be prescribed by the supreme court and shall include reference to the code of conduct that all licensed fiduciaries must follow.

4. Minimum qualifications.

5. Biennial renewal of licensure.

B. As a condition of appointment, the supreme court shall require each applicant for the position of fiduciary to submit a full set of fingerprints to the supreme court for the purpose of obtaining a state and federal criminal records check to determine the suitability of the applicant pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. An applicant for licensure must:

1. Be at least twenty-one years of age.

2. Be a citizen of this country.

3. Not have been convicted of a felony.

4. Attest that the applicant has not been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft or conversion.

5. Attend an initial session and thereafter biennial training sessions prescribed by the supreme court on the duties of a fiduciary.

6. Consent in the application form to the jurisdiction of the courts of this state for all actions arising under this article or article 6 of this chapter and appoint the fiduciary program coordinator as the lawful agent for the purpose of accepting service of process in any action, suit or proceeding that relates to the duties of a fiduciary. The program coordinator shall transmit by registered mail to the person's last known address the lawful service of process accepted by the program coordinator. Notwithstanding the provisions of this paragraph, service of process on a public fiduciary or the department of veterans' services shall be made pursuant to the Arizona rules of civil procedure.

D. The superior court shall, and any person may, notify the supreme court if it appears that a fiduciary has violated a rule adopted under this section. The supreme court shall then conduct an investigation and hearing pursuant to its rules. If the supreme court determines that the fiduciary committed the violation it may revoke the fiduciary's license or impose other sanctions, including civil penalties, and shall notify the superior court in each county of this action.  The supreme court may then also require the fiduciary to forfeit a cash deposit or surety bond to the extent necessary to compensate the court for the expenses it incurred to conduct the investigation and hearing.

E. A person who in good faith provides information or testimony regarding a fiduciary's misconduct or lack of professionalism is not subject to civil liability.

F. Persons appointed by the chief justice to serve in an advisory capacity to the fiduciary program, staff of the fiduciary program, hearing officers and employees of the administrative office of the courts who participate in the fiduciary program are immune from civil liability for conduct in good faith that relates to their official duties.

G. The requirements of this section do not apply to a financial institution. This exemption does not prevent the superior court from appointing a financial institution as a fiduciary.  The supreme court may exempt a fiduciary from the requirements of this section for good cause.

H. This section does not grant any fiduciary or any applicant for a license as a fiduciary the right to a direct appeal to the supreme court.

I. The supreme court may receive and expend monies from the confidential intermediary and fiduciary fund established by section 8-135 for the purposes of performing the duties related to fiduciaries pursuant to this section.

J. This section applies to any supreme court licensed fiduciary who is acting as a guardian, conservator, personal representative, trustee or agent under a power of attorney, whether or not that person is acting pursuant to court appointment.

K. For the purposes of this section:

1. "Fiduciary" means:

(a) A person who for a fee serves as a court appointed guardian or conservator for one or more persons who are unrelated to the fiduciary.

(b) A person who for a fee serves as a court appointed personal representative and who is not related to the decedent, is not nominated in a will or by a power conferred in a will and is not a devisee in the will.

(c) A public fiduciary appointed pursuant to section 14-5601.

(d) The department of veterans' services.

2. "Financial institution" means a bank that is insured by the federal deposit insurance corporation and chartered under the laws of the United States or any state, a trust company that is owned by a bank holding company that is regulated by the federal reserve board or a trust company that is chartered under the laws of the United States or this state.
A.R.S. § 14-7660 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7660
14-7660 Single custodianship
Status: in_force

14-7660. Single custodianship

A transfer may be made only for one minor and only one person may be the custodian. All custodial property held under this article by the same custodian for the benefit of the same minor constitutes a single custodianship.
A.R.S. § 14-6305 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6305
14-6305 Form of registration
Status: in_force

14-6305. Form of registration

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD" or by the words "pay on death" or the abbreviation "POD" after the name of the registered owner and before the name of a beneficiary.
A.R.S. § 14-5204 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5204
14-5204 Court appointment of guardian of minor; conditions for appointment
Status: in_force

14-5204. Court appointment of guardian of minor; conditions for appointment

A. The court may appoint a guardian for a minor if the court finds that the appointment is in the best interest of the minor and that one of the following applies:

1. After being fully informed of the nature of a guardianship appointment, each living parent of the minor consents to the appointment of a guardian.

2. The parental rights of the living parents of the minor have been terminated.

3. The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8 and, based on a preponderance of the evidence, no parent of the minor is willing or able to exercise the powers and duties granted by the court to a guardian.

B. A guardian who is appointed by will as provided in section 14-5202 and whose appointment has not been prevented or nullified under section 14-5203 has priority over any guardian who may be appointed by the court but the court may proceed with an appointment on a finding that the testamentary guardian has failed to accept the testamentary appointment within thirty days after notice of the guardianship proceeding.
A.R.S. § 14-3719 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3719
14-3719 Compensation of personal representative
Status: in_force

14-3719. Compensation of personal representative

A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
A.R.S. § 14-2907 — Arizona Code / Title 14 / Chapter 2 / Article 9 / Section 2907
14-2907 Honorary trusts; trusts for pets; conditions
Status: in_force

14-2907. Honorary trusts; trusts for pets; conditions

A. If a trust is for a specific lawful noncharitable purpose or for lawful noncharitable purposes to be selected by the trustee and there is no definite or definitely ascertainable beneficiary designated, the trust may be performed by the trustee for not longer than ninety years whether or not the terms of the trust contemplate a longer duration.

B. A trust for the care of a designated domestic or pet animal is valid.  The trust terminates when no living animal is covered by the trust.  A governing instrument shall be liberally construed to bring the transfer within this subsection, to presume against the merely precatory or honorary nature of the disposition and to carry out the general intent of the transferor.  Extrinsic evidence is admissible in determining the transferor's intent.

C. In addition to the provisions of subsection A or B, a trust created under this section is subject to the following:

1. Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal.

2. On termination, the trustee shall transfer the unexpended trust property in the following order:

(a) As directed in the trust instrument.

(b) If the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, under the residuary clause in the transferor's will.

(c) If no taker is produced by the application of subdivision (a) or (b) of this paragraph, to the transferor's heirs under section 14-2711.

3. For the purposes of section 14-2707, the residuary clause is treated as creating a future interest under the terms of a trust.

4. The intended use of the principal or income can be enforced by a person who is designated for that purpose in the trust instrument or, if none, by a person appointed by a court on application to it by any person.

5. Except as ordered by the court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment or fee is required by reason of the existence of the fiduciary relationship of the trustee.

6. A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use. The amount of the reduction, if any, passes as unexpended trust property under paragraph 2 of this subsection.

7. If no trustee is designated or no designated trustee is willing or able to serve, a court shall name a trustee. A court may order the transfer of the property to another trustee if this is necessary to assure that the intended use is carried out and if no successor trustee is designated in the trust instrument or if no designated successor trustee agrees to serve or is able to serve. A court may also make other orders and determinations that it determines advisable to carry out the intent of the transferor and this section.
A.R.S. § 14-3710 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3710
14-3710 Power to avoid transfers; action to set aside fraudulent conveyances
Status: in_force

14-3710. Power to avoid transfers; action to set aside fraudulent conveyances

A. The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors and subject to prior liens. The right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.

B. When there is a deficiency of assets in custody of a personal representative, and decedent in his lifetime has conveyed or transferred property, or any rights or interests therein, with intent to defraud creditors, or to avoid a right, debt or duty of any person, or has conveyed or transferred the property so that the conveyance or transfer by law is void or voidable as against creditors, the personal representative shall commence and prosecute an action for the recovery of the property for the benefit of the creditors, and shall recover property which has been so conveyed or transferred, whatever may have been the manner of the conveyance or transfer.

C. The personal representative is not bound to bring the action unless the creditors pay such part of the costs and expenses of the action, or give such surety to the personal representative therefor as the court on application by the creditors may direct.

D. The property recovered shall be subject to payment of the debts of decedent as other property in custody of the personal representative.
A.R.S. § 14-5209 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5209
14-5209 Powers and duties of guardian of minor
Status: in_force

14-5209. Powers and duties of guardian of minor

A. A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward’s support, care and education. A guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for acts of the ward.

B. In particular, and without qualifying the foregoing, a guardian shall:

1. Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities and physical and mental health.

2. Take reasonable care of the ward's personal effects and commence protective proceedings if necessary to protect other property of the ward.

3. Apply any available monies of the ward to the ward's current needs for support, care and education.

4. Conserve any excess monies for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator money of the ward to be conserved for the ward’s future needs.

5. Report the condition of the ward and of the ward's estate which has been subject to his possession or control, as ordered by the court on petition of any person interested in the ward’s welfare or as required by court rule.

C. A guardian may:

1. Receive monies payable for the support of the ward under the terms of any statutory benefit, insurance system, private contract, devise, trust, conservatorship or custodianship, and monies or property of the ward paid or delivered pursuant to section 14-5103.

2. Take custody of the person of the ward and establish the ward’s place of residence in or outside this state, if consistent with the terms of an order of a court of competent jurisdiction relating to the detention or commitment of the ward.

3. If no conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay amounts for the welfare of the ward.

4. Facilitate the ward's education, social or other activities and consent to medical or other professional care, treatment or advice for the ward. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances.

5. Consent to the marriage or adoption of the ward.

6. If reasonable, delegate to the ward certain responsibilities for decisions affecting the ward’s well-being.

D. A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board and clothing personally provided to the ward, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court.

E. In the interest of developing self-reliance on the part of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the minor or other interested person may:

1. Create a limited guardianship by limiting the powers of a guardian otherwise conferred by this section. Any limitation on the statutory power of a guardian of a minor must be endorsed on the guardian’s letters.

2. Remove a limitation and issue revised letters.
A.R.S. § 14-5312.02 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5312.02
14-5312.02 Admission for evaluation or treatment by guardian; duties of physician or mental health care provider
Status: in_force

14-5312.02. Admission for evaluation or treatment by guardian; duties of physician or mental health care provider

A. Notwithstanding the procedures and requirements prescribed in title 36, chapter 5, articles 4 and 5 relating to involuntary court-ordered evaluation or treatment, if the guardian who is granted the authority to consent to inpatient mental health care or treatment pursuant to section 14-5312.01 has reasonable cause to believe that the ward is in need of evaluation or treatment, the guardian may apply for admission of the ward for evaluation or treatment at any inpatient psychiatric facility. The guardian must present the facility with a certified copy, or a photocopy of the certified copy, of the guardian's letters of guardianship.

B. If the guardian requests admission, the facility to which the guardian applies may admit the person if before admission a physician who is licensed pursuant to title 32, chapter 13 or 17 does all of the following:

1. Conducts an investigation that carefully probes the ward's psychiatric and psychological history, diagnosis and treatment needs.

2. Conducts a thorough interview with the ward and the guardian.

3. Obtains the guardian's informed consent.  For the purposes of this paragraph, "informed consent" has the same meaning prescribed in section 36-501.

4. Makes a written determination that the ward needs an evaluation or will benefit from inpatient care and treatment of a mental disorder or other personality disorder or emotional condition and that the evaluation or treatment cannot be accomplished in a less restrictive setting.

5. Documents in the ward's medical chart a summary of the doctor's findings and recommendations for treatment.

C. After admission, if the ward refuses treatment or requests discharge and the treating physician believes that further inpatient treatment is necessary or advisable, the facility may rely on the consent of the guardian for treatment, release and discharge decisions pursuant to the guardian's authority under the guardianship.
A.R.S. § 14-3311 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3311
14-3311 Informal appointment unavailable in certain cases
Status: in_force

14-3311. Informal appointment unavailable in certain cases

If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application.
A.R.S. § 14-7414 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7414
14-7414 Rental property
Status: in_force

14-7414. Rental property

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease.  An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.
A.R.S. § 14-10506 — Arizona Code / Title 14 / Chapter 11 / Article 5 / Section 10506
14-10506 Overdue distribution; definition
Status: in_force

14-10506. Overdue distribution; definition

A. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal if the trustee has not made the distribution to the beneficiary within a reasonable period after the mandated distribution date unless the terms of the trust expressly authorize the trustee to delay the distribution to protect the beneficiary's interest in the distribution.

B. For the purposes of this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution amount for a stated age, a distribution to be made pursuant to the exercise of a power of withdrawal and a distribution on termination of the trust. Mandatory distribution does not include a distribution that is subject to the exercise of the trustee's discretion even if:

1. The discretion is expressed in the form of a standard of distribution.

2. The terms of the trust authorizing a distribution couple language of discretion with language of direction.
A.R.S. § 14-10603 — Arizona Code / Title 14 / Chapter 11 / Article 6 / Section 10603
14-10603 Settlor's powers; powers of withdrawal
Status: in_force

14-10603. Settlor's powers; powers of withdrawal

A. While a trust is revocable by the settlor, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.

B. During the period a power of withdrawal may be exercised, the holder of the power has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
A.R.S. § 14-1110 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1110
14-1110 Probate advisory panel; membership; duties; annual report
Status: in_force

14-1110. Probate advisory panel; membership; duties; annual report

(Rpld. 1/1/28)

A. The probate advisory panel is established in the office of the governor. The panel consists of the following members who are appointed to staggered four-year terms:

1. Two public members who are guardians or conservators of an adult child or a sibling who is a ward.  The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member.

2. Two public members who are guardians or conservators of a family member other than an adult child or sibling of the guardian or conservator. The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member.

3. Two members who are advocates for family members who have been parties to an adult guardianship or conservatorship matter in this state.  The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member.

4. One public fiduciary who is licensed pursuant to section 14-5651 and who is from a county with a population of less than five hundred thousand persons.  The governor shall appoint this member.

5. One fiduciary, other than a public fiduciary, who is licensed pursuant to section 14-5651 and who is from a county with a population of more than five hundred thousand persons.  The governor shall appoint this member.

6. One attorney who has a minimum of four years' experience in guardianship and conservatorship proceedings.  The governor shall appoint this member.

7. One judicial officer who has a minimum of two years' experience presiding over guardianship and conservatorship proceedings and who is from a county with a population of more than five hundred thousand persons. The chief justice of the supreme court shall appoint this member.

8. One clerk of the superior court. The chief justice of the supreme court shall appoint this member.

B. The panel:

1. Shall select a chairperson at its first quarterly meeting.

2. Shall hold public hearings at least quarterly, or at the call of the chairperson, on how to improve the adult guardianship and conservatorship laws through statutory changes.

3. When the panel finds it appropriate, may consult with medical professionals including neuropsychologists, psychologists or psychiatrists.

4. On or before November 15 of each year, shall submit a report of its findings and recommendations to the governor, the speaker of the house of representatives, the president of the senate and the chief justice of the supreme court.  The panel shall provide a copy of each report to the secretary of state.

C. Panel members are not eligible for compensation or reimbursement of expenses.
A.R.S. § 14-3907 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3907
14-3907 Distribution in kind; evidence
Status: in_force

14-3907. Distribution in kind; evidence

A. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to the property.

B. The names and addresses of each distributee shall be included in any instrument of distribution transferring title to real property recorded by any county recorder.
A.R.S. § 14-5416 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5416
14-5416 Petitions for orders subsequent to appointment
Status: in_force

14-5416. Petitions for orders subsequent to appointment

A. Any person interested in the estate or affairs of a person for whom a conservator has been appointed may file a petition in the appointing court for an order:

1. Requiring bond or security or additional bond or security, or reducing bond.

2. Requiring an accounting for the administration of the estate of the protected person.

3. Directing distribution.

4. Removing the conservator and appointing a temporary or successor conservator.

5. Continuing the conservatorship pursuant to section 14-5401, subsection B.

6. Granting other appropriate relief.

B. A conservator may petition the appointing court for instructions concerning the fiduciary's responsibility.

C. On notice and a hearing the court may give appropriate instructions or make any appropriate order.

D. When a surety of a conservator desires to be released from responsibility for future acts, the surety may apply to the court for a release. The court shall proceed in the same manner as in a proceeding under section 14-3604, subsection B.  Notice shall be given to the conservator as provided in section 14-5413.
A.R.S. § 14-3403 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3403
14-3403 Formal testacy proceeding; notice of hearing on petition
Status: in_force

14-3403. Formal testacy proceeding; notice of hearing on petition

A.  On commencement of a formal testacy proceeding, the clerk shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for notice under section 14-3204. Notice shall be given to the following persons: the surviving spouse, children and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate in another jurisdiction, and any personal representative of the decedent whose appointment has not been terminated.  Notice may be given to other persons. To the extent that the petitioner is not otherwise required by section 14-1401 to give notice by publication, the petitioner shall give notice by publication in the manner prescribed by section 14-1401, subsection A, paragraph 3 to all unknown persons.

B. If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at the decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods:

1. By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent.

2. By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent.

3. By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
A.R.S. § 14-4206 — Arizona Code / Title 14 / Chapter 4 / Article 2 / Section 4206
14-4206 Power of representatives in transition
Status: in_force

14-4206. Power of representatives in transition

The power of a domiciliary foreign personal representative under section 14-4201 or section 14-4205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 14-4205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.
A.R.S. § 14-1401 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1401
14-1401 Notice; method and time of giving
Status: in_force

14-1401. Notice; method and time of giving

A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given either:

1. By mailing a copy thereof at least fourteen days before the time set for the hearing by certified or registered mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known.

2. By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing.

3. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, or when otherwise required under this title, by publishing at least three times before the date set for the hearing a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the first publication of which is to be at least fourteen days before the hearing.

B. The court for good cause shown may provide for a different method or time of giving notice for any hearing.

C. Proof of the giving of notice shall be made at or before the hearing and filed in the proceeding.