A.R.S. § 14-2520 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2520
14-2520 Qualified custodian
Status: in_force

14-2520. Qualified custodian

A qualified custodian of an electronic will:

1. May not be related to the testator by blood, marriage or adoption.

2. May not be a devisee under the electronic will or related by blood, marriage or adoption to a devisee under the electronic will.

3. Shall consistently employ and store electronic records of electronic wills in a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.

4. Shall store in the electronic record of an electronic will each of the following:

(a) A photograph or other visual record of the testator and the attesting witnesses that was taken contemporaneously with the execution of the electronic will.

(b) A photocopy, photograph, facsimile or other visual record of any documentation that was taken contemporaneously with the execution of the electronic will and provides satisfactory evidence of the identities of the testator and the attesting witnesses, including documentation of the methods of identification used.

(c) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed the person's electronic signature on the electronic will.

5. Shall provide to any court that is hearing a matter involving an electronic will that is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualifications of the qualified custodian and the policies and practices of the qualified custodian concerning the maintenance, storage and production of electronic wills and may be called by an interested party to serve as a fact witness regarding the maintenance, storage and production of electronic wills.
A.R.S. § 14-10808 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10808
14-10808 Powers to direct
Status: in_force

14-10808. Powers to direct

A. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.

B. If the trust provides that the assets in the trust are subject to the direction of the settlor or a cotrustee, beneficiary or third party, the trustee has no duty to review the directions it is directed to make or to notify the beneficiaries regarding any investment action taken pursuant to the direction.  The trustee is not responsible for the purchase, monitoring, retention or sale of assets that are subject to the direction of the settlor or a cotrustee, beneficiary or third party.  The trustee is not subject to liability if the trustee acts pursuant to the direction, even if the actions constitute a breach of fiduciary duty, unless the trustee acts in bad faith or with reckless indifference.

C. The terms of a trust may confer on a trustee or other person a power to direct the modification or termination of the trust.

D. Unless the trust instrument provides otherwise, a person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.
A.R.S. § 14-9106 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9106
14-9106 Multiple beneficiaries; separate custodial trusts; survivorship
Status: in_force

14-9106. Multiple beneficiaries; separate custodial trusts; survivorship

A. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary.  Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property.

B. Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.

C. A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to sections 14-9107 and 14-9115 for the administration of the custodial trust.
A.R.S. § 14-3813 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3813
14-3813 Compromise of claims
Status: in_force

14-3813. Compromise of claims

When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
A.R.S. § 14-5310 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5310
14-5310 Temporary guardians; appointment; notice; court appointed attorney hearings; duties
Status: in_force

14-5310. Temporary guardians; appointment; notice; court appointed attorney hearings; duties

A. If an alleged incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the duties of a guardian and the welfare of the ward is found to require immediate action, the alleged incapacitated person, the ward or any person interested in the welfare of the alleged incapacitated person or the ward may petition for a finding of interim incapacity and for the appointment of a temporary guardian. No finding and appointment may be made without notice, pursuant to section 14-5309, except as provided in subsection B of this section.

B. The court may enter a finding of interim incapacity and may appoint a temporary guardian without notice to the proposed ward or the proposed ward's attorney only if all of the following conditions are met:

1. It clearly appears from specific facts shown by an affidavit or by the verified petition that immediate and irreparable injury, loss or damage will result before the proposed ward or the proposed ward's attorney can be heard in opposition.

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

3. The petitioner files with the court a request for a hearing on the petition for the appointment of a temporary guardian.

4. The petitioner or the petitioner's attorney certifies that that person will give notice of the petition, the order and all filed reports and affidavits to the proposed ward by personal service within the time period the court directs but not in excess of seventy-two hours following entry of the order of appointment.

5. The petitioner files a report from a physician, a registered nurse practitioner or a psychologist detailing the need for a guardian and the basis for the emergency unless the report is waived by the court on a showing of good cause by a party to the action.

C. Unless the proposed ward is represented by independent counsel, the court shall appoint an attorney to represent the proposed ward in the proceeding on receipt of the petition for temporary appointment. The attorney shall visit the proposed ward as soon as practicable and shall be prepared to represent the interest of the proposed ward at any hearing on the petition.

D. Every order finding interim incapacity and appointing a temporary guardian granted without notice expires as prescribed by the court but within a period of not more than thirty days unless within that time the court extends it for good cause shown for the same period or unless the attorney for the ward consents that it may be extended for a longer period. The court shall enter the reasons for the extension on the record.

E. The court shall schedule a hearing on the petition for a finding of interim incapacity and the appointment of a temporary guardian within the time specified in subsection D of this section. If the petitioner does not proceed with the petition the court, on the motion of any party or on its own motion, may dismiss the petition.

F. If the court orders the appointment of a temporary guardian without notice, the ward may appear and move for its dissolution or modification on two days' notice to the petitioner and to the temporary guardian or on such shorter notice as the court prescribes. The court shall proceed to hear and determine that motion as expeditiously as possible.

G. If the ward objects to the person who is temporarily appointed, the court may appoint an individual nominated by the proposed ward if the ward is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.  The court shall appoint an alternative guardian if available and after finding that the appointment is in the best interest of the ward.

H. The hearing on a petition for the appointment of a temporary guardian shall be held in the same manner as a hearing on a preliminary injunction. The court may order the hearing on the petition for appointment of a permanent guardian to be advanced and consolidated with the hearing of the petition for temporary appointment. If the court does not order this consolidation any evidence received on a petition for temporary appointment that would be admissible at the hearing on a petition for a permanent appointment becomes part of the record and need not be repeated at a later hearing.  This subsection does not limit the parties to any rights they may have to trial by jury.

I. After notice and a hearing, if the court finds that a temporary guardian is necessary and the provisions of this section have been met, the court shall make an appointment of a temporary guardian for a specific purpose and for a specific period of time of not more than six months unless the court extends this time period for good cause shown.

J. A temporary guardian is responsible to provide the care and custody of the ward. The authority of a permanent guardian previously appointed by the court is suspended as long as the temporary guardian has authority. A temporary guardian may be removed at any time. A temporary guardian shall make any report the court requires. In all other respects, the provisions of this title concerning guardians apply to temporary guardians.
A.R.S. § 14-3607 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3607
14-3607 Order restraining personal representative
Status: in_force

14-3607. Order restraining personal representative

A. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or may exercise any powers or discharge any duties of his office, or may make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.

B. The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.
A.R.S. § 14-7503 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7503
14-7503 Transfer of negotiable instrument by fiduciary
Status: in_force

14-7503. Transfer of negotiable instrument by fiduciary

If any negotiable instrument payable or endorsed to a fiduciary as such is endorsed by the fiduciary, or if any negotiable instrument payable or endorsed to his principal is endorsed by a fiduciary empowered to endorse such instrument on behalf of his principal, the endorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in endorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.
A.R.S. § 14-10004 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10004
14-10004 Chapter supplemented by other law
Status: in_force

14-10004. Chapter supplemented by other law

A. Unless displaced by this chapter, the principles of law and equity supplement this chapter.

B. This chapter does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than this chapter.
A.R.S. § 14-3604 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3604
14-3604 Bond amount; security; procedure; reduction
Status: in_force

14-3604. Bond amount; security; procedure; reduction

A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent, real estate, less encumbrances thereon and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate provided, however, that said bond may be reduced by the amount of any real estate, less encumbrances thereon, if the letters issued to the personal representative contain the restriction that sales of real property by the personal representative are subject to court confirmation. The registrar shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property or other adequate security. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with the clerk of the court or a domestic financial institution, as defined in section 14-6101, in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.

B. When a surety of a personal representative desires to be released from responsibility for future acts, he may apply to the court for a release. The court shall cause a citation to be issued to the personal representative, requiring him to appear at a time and place therein specified, and to give other security. Notice shall be given to the personal representative as provided in section 14-3602. If new security is given and approved by the judge he may thereupon order that the surety who applied for release shall not be liable on his bond for any subsequent act, default or misconduct of the personal representative. If the personal representative neglects or refuses to give new and sufficient security on the return of the citation, or within such reasonable time as the judge allows, unless the surety making the application consents to an extension of time, the court shall revoke the letters.
A.R.S. § 14-7655 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7655
14-7655 Transfer authorized by will or trust
Status: in_force

14-7655. Transfer authorized by will or trust

A. A personal representative or trustee may make an irrevocable transfer pursuant to section 14-7659 to a custodian for the benefit of a minor as authorized in the governing will or trust.

B. If the testator or settlor has nominated a custodian pursuant to section 14-7653 to receive the custodial property, the transfer must be made to that person.

C. If the testator or settlor has not nominated a custodian pursuant to section 14-7653, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind pursuant to section 14-7659, subsection A.
A.R.S. § 14-3937 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3937
14-3937 Certificate discharging liens securing fiduciary performance
Status: in_force

14-3937. Certificate discharging liens securing fiduciary performance

After his appointment has terminated, the personal representative, his sureties or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the registrar that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety.
A.R.S. § 14-13108 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13108
14-13108 Disclosure of other digital assets of deceased user
Status: in_force

14-13108. Disclosure of other digital assets of deceased user

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian all of the following:

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

2. A certified copy of the death certificate of the user.

3. A certified copy of the letters testamentary, a small-estate affidavit or a court order.

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

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

(b) Evidence linking the account to the user.

(c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate.

(d) A finding by the court of either of the following:

(i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.

(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
A.R.S. § 14-9104 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9104
14-9104 Form and effect of receipt and acceptance by custodial trustee; jurisdiction
Status: in_force

14-9104. Form and effect of receipt and acceptance by custodial trustee; jurisdiction

A. Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter on the custodial trustee's acceptance, express or implied, of the custodial trust property.

B. The custodial trustee's acceptance may be evidenced by a writing stating in substance:

Custodial Trustee's Receipt and Acceptance

I, _______________ (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for _______________ (name of beneficiary) under the uniform custodial trust act pursuant to title 14, chapter 9, Arizona Revised Statutes.  I undertake to administer and distribute the custodial trust property pursuant to the Uniform Custodial Trust Act.  My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is or becomes incapacitated. The custodial trust property consists of _____________________.

Dated:__________________________

________________________________

(Signature of custodial trustee)

C. On accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
A.R.S. § 14-5401.01 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5401.01
14-5401.01 Temporary conservators; appointment; notice; hearings
Status: in_force

14-5401.01. Temporary conservators; appointment; notice; hearings

A. If a person allegedly in need of protection has no conservator and an emergency exists or if an appointed conservator is not effectively performing the duties of a conservator and the estate or affairs of the protected person are found to require immediate action, the person allegedly in need of protection, the protected person or any person interested in that person's estate or affairs may petition for a finding of a need for interim protection and for the appointment of a temporary conservator. A finding and appointment may not be made without notice, pursuant to section 14-5405, except as provided in subsection B of this section.

B. The court may enter a finding of a need for interim protection and may appoint a temporary conservator without notice to the person allegedly in need of protection or that person's attorney if all of the following conditions are met:

1. It clearly appears from specific facts shown by affidavit or by the verified petition that immediate and irreparable injury, loss or damage will result before the person allegedly in need of protection or that person's attorney can be heard in opposition.

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

3. The petitioner files with the court a request for a hearing on the petition for the appointment of a temporary conservator.

4. The petitioner or the petitioner's attorney certifies that notice of the petition, order and all filed reports and affidavits will be given to the person allegedly in need of protection by personal service within the time period the court directs but not more than seventy-two hours after entry of the order of appointment.

C. Unless the person allegedly in need of protection is represented by independent counsel, the court shall appoint an attorney to represent that person in the proceeding on receipt of the petition for temporary appointment. The attorney shall visit the person allegedly in need of protection as soon as practicable and shall be prepared to represent that person's interests at any hearing on the petition.

D. Every order finding a need for interim protection and appointing a temporary conservator granted without notice expires as prescribed by the court but within a period of not more than thirty days unless within that time the court extends it for good cause shown for the same period or unless the attorney for the person allegedly in need of protection consents that it may be extended for a longer period. The court shall enter the reasons for the extension on the record.

E. The court shall schedule a hearing on the petition for a finding of the need for interim protection and the appointment of a temporary conservator within the time specified in subsection D of this section. If the petitioner does not proceed with the petition the court, on the motion of any party or on its own motion, may dismiss the petition.

F. If the court orders the appointment of a temporary conservator without notice, the person allegedly in need of protection may appear and move for its dissolution or modification on two days' notice to the petitioner and to the temporary conservator, or on such shorter notice as the court prescribes.  The court shall proceed to hear and determine that motion as expeditiously as possible.  If the person allegedly in need of protection objects to the person who is temporarily appointed, the court may appoint an individual nominated by the person allegedly in need of protection if the person allegedly in need of protection is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.  The court shall appoint an alternative conservator if available and after finding that the appointment is in the best interest of the person allegedly in need of protection.

G. The hearing on a petition for the appointment of a temporary conservator shall be held in the same manner as a hearing on a preliminary injunction. The court may order the hearing on the petition for appointment of a permanent conservator to be advanced and consolidated with the hearing on the petition for temporary appointment. If the court does not order this consolidation any evidence received on a petition for temporary appointment that would be admissible at the hearing on a petition for a permanent appointment becomes part of the record and need not be repeated at a later hearing. This subsection does not limit the parties to any rights they may have to trial by jury.

H. After notice and a hearing, if the court finds that a temporary conservator is necessary and the provisions of this section have been met, the court shall make an appointment of a temporary conservator for a specified period of time of not more than six months unless the court extends this time period for good cause shown.
A.R.S. § 14-13116 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13116
14-13116 Custodian compliance and immunity
Status: in_force

14-13116. Custodian compliance and immunity

A. Not later than sixty days after receipt of the information required under section 14-13107, 14-13108, 14-13109, 14-13110, 14-13111, 14-13112, 14-13113, 14-13114 or 14-13115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account.  If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

B. An order under subsection A of this section directing compliance must contain a finding that compliance is not in violation of 18 United States Code section 2702.

C. A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.

D. A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.

E. This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that does any of the following:

1. Specifies that an account belongs to the protected person or principal.

2. Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.

3. Contains a finding required by law other than this chapter.

F. A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
A.R.S. § 14-2906 — Arizona Code / Title 14 / Chapter 2 / Article 9 / Section 2906
14-2906 Rule against perpetuities; supersession
Status: in_force

14-2906. Rule against perpetuities; supersession

This article applies notwithstanding common law rules against perpetuities or section 33-261.
A.R.S. § 14-3615 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3615
14-3615 Special administrator; who may be appointed
Status: in_force

14-3615. Special administrator; who may be appointed

A. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, and qualified.

B. In other cases, any proper person may be appointed special administrator.
A.R.S. § 14-2516 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2516
14-2516 Custodian of will; duties; liability
Status: in_force

14-2516. Custodian of will; duties; liability

A. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court.

B. A person who wilfully fails to deliver a will as required by this section is liable to any person aggrieved for any damages caused by this failure.

C. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
A.R.S. § 14-2506 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2506
14-2506 Execution; choice of law
Status: in_force

14-2506. Execution; choice of law

A. A paper will is valid if it is executed in compliance with section 14-2502.  An electronic will is valid if it is executed in compliance with section 14-2518.

B. Notwithstanding subsection A of this section, a paper will or an electronic will is valid if its execution complies with the law at the time of execution of the place where the testator is physically present when the testator executes the will, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
A.R.S. § 14-3412 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3412
14-3412 Formal testacy proceedings; effect of order; vacation
Status: in_force

14-3412. Formal testacy proceedings; effect of order; vacation

A. Subject to appeal and subject to vacation as provided in this section and in section 14-3413, a formal testacy order under sections 14-3409 through 14-3411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will, and to the determination of heirs, except that:

1. Not later than sixty days after entry of a formal testacy order probating a will or a formal adjudication of intestacy, any interested person who did not oppose the probate of the will or the allegations of intestacy at the original hearing may petition the court to vacate its order and reopen the matter; the court shall thereupon fix a time and place of hearing, with notice to the heirs, the devisees named in the will, the personal representative, and other persons as directed by the court. The court shall proceed as in any contested testacy case; the court may vacate the original order and make a new order determining the decedent's state of testacy, or deny the petition to vacate and confirm the original order.

2. The court shall entertain a petition for modification or vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later-offered will were unaware of its existence at the time of the earlier proceeding or were unaware of the earlier proceeding and were given no notice thereof, except by publication.

3. If intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that one or more persons were omitted from the determination and it is also shown that the persons were unaware of their relationship to the decedent, were unaware of his death or were given no notice of any proceeding concerning his estate, except by publication.

4. A petition for vacation under either paragraph 2 or 3 of this subsection must be filed prior to the earlier of the following time limits:

(a) If a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate, or, if the estate is closed by statement, six months after the filing of the closing statement.

(b) Whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by section 14-3108 when it is no longer possible to initiate an original proceeding to probate a will of the decedent.

(c) Twelve months after the entry of the order sought to be vacated.

5. The order originally rendered in the testacy proceeding may be modified or vacated, if appropriate under the circumstances, by the order of probate of the later-offered will or the order redetermining heirs.

6. The finding of the fact of death is conclusive as to the alleged decedent only if notice of the hearing on the petition in the formal testacy proceeding was sent by registered or certified mail addressed to the alleged decedent at his last known address and the court finds that a search under section 14-3403, subsection B was made.

B. If the alleged decedent is not dead, even if notice was sent and search was made, he may recover estate assets in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds from distributees that is in their hands, or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of the circumstances.
A.R.S. § 14-2514 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2514
14-2514 Contracts regarding wills; requirements; effect
Status: in_force

14-2514. Contracts regarding wills; requirements; effect

A. After December 31, 1994, a person may enter into a contract to make a will or devise or not to revoke a will or devise or to die intestate only by:

1. Provisions of a will that state the material provisions of the contract.

2. An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.

3. A writing signed by the decedent evidencing the contract.

B. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
A.R.S. § 14-5507 — Arizona Code / Title 14 / Chapter 5 / Article 5 / Section 5507
14-5507 Applicability of article
Status: in_force

14-5507. Applicability of article

This article does not apply to health care directives that are validly executed under section 36-3221 and does not establish authority under a durable power of attorney for the purposes of health care decision making.
A.R.S. § 14-2302 — Arizona Code / Title 14 / Chapter 2 / Article 3 / Section 2302
14-2302 Omitted children; shares; definition
Status: in_force

14-2302. Omitted children; shares; definition

A. Except as provided in subsection D of this section, if a testator fails to provide by will for a child who is born or adopted after the testator executes the will, the omitted child receives a share in the estate as follows:

1. If the testator had no child living when the testator executed the will, an omitted child receives a share in the estate equal in value to what the child would have received if the testator had died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.

2. If the testator had one or more children living when the testator executed the will and the will devised property or an interest in property to one or more of the then-living children, an omitted child is entitled to share in the testator's estate as follows:

(a) The portion of the testator's estate in which the omitted child is entitled to share is limited to devises made to the testator's then-living children under the will.

(b) As limited under subdivision (a) of this paragraph, the omitted child is entitled to receive the share of the testator's estate that the child would have received if the testator had included all omitted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.

B. To the extent feasible, the interest granted an omitted child under subsection A, paragraph 2 of this section shall be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will.

C. In satisfying a share prescribed by subsection A, paragraph 2 of this section, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.

D. Subsection A of this section does not apply if either of the following is true:

1. It appears from the will that the omission was intentional.

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

E. If at the time the testator executed the will the testator fails to provide by will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.

F. In satisfying a share provided by subsection A, paragraph 1 of this section, devises made by the will abate under section 14-3902.

G. For the purposes of this section, "omitted child" means a child who was born or adopted after the testator executed a will.
A.R.S. § 14-5111 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5111
14-5111 Duties of appointed attorney; contempt
Status: in_force

14-5111. Duties of appointed attorney; contempt

A. No later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties:

1. Interview the alleged incapacitated person or person allegedly in need of protection.

2. Inform the alleged incapacitated person or person allegedly in need of protection of all the following:

(a) The right to a trial by jury pursuant to section 14-1306.

(b) The right to select an attorney of the person's choosing. If the attorney is appointed by the court, the attorney shall explain to the alleged incapacitated person or person allegedly in need of protection that the person may hire a different attorney at the person's own expense.

(c) The right of the alleged incapacitated person or person allegedly in need of protection to appear in court and have any person the alleged incapacitated person or person allegedly in need of protection wishes to be present with the alleged incapacitated person or person allegedly in need of protection.

(d) A review of the court process, timelines and expected future proceedings.

3. Provide the incapacitated person or person allegedly in need of protection with a copy of the supreme court promulgated order to a guardian, order to conservator or order to guardian and conservator that the court will enter if the relief requested in the petition is granted.

B. At the initial hearing on the petition for appointment, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall attest to the court that the attorney has fulfilled the requirements prescribed in this section or shall provide an explanation as to why the attorney has been unable to comply with the requirements prescribed in this section.

C. The court may find an attorney who fails to fulfill the duties prescribed in this section in contempt of court.
A.R.S. § 14-9111 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9111
14-9111 Exemption of third person from liability
Status: in_force

14-9111. Exemption of third person from liability

A third person in good faith and without a court order may act on the instructions of or otherwise deal with a person who is purporting to make a transfer as or to act in the capacity of a custodial trustee.  In the absence of knowledge to the contrary, the third person is not responsible for determining:

1. The validity of the purported custodial trustee's designation.

2. The propriety of, or the authority under this chapter for, any action of the purported custodial trustee.

3. The validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee.

4. The propriety of the application of property vested in the purported custodial trustee.
A.R.S. § 14-1109 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1109
14-1109 Repetitive filings; summary denial
Status: in_force

14-1109. Repetitive filings; summary denial

If an interested person files a motion or petition that requests the same or substantially similar relief to the relief requested in another motion or petition filed by the same interested person within the preceding twelve months and if the later filed motion or petition does not describe in detail a change in fact or circumstance that supports the requested relief, the court may summarily deny the motion or petition without a response or objection being filed and without a hearing or oral argument being set.
A.R.S. § 14-3617 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3617
14-3617 Special administrator; formal proceedings; power and duties
Status: in_force

14-3617. Special administrator; formal proceedings; power and duties

A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct.
A.R.S. § 14-10405 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10405
14-10405 Charitable purposes; enforcement
Status: in_force

14-10405. Charitable purposes; enforcement

A. A charitable trust may be created for the relief of poverty, the advancement of education, religion or science, the promotion of health, governmental or municipal purposes or other purposes, the achievement of which is beneficial to the community, or for the support of one or more organizations that have the purposes prescribed in this section exclusively.

B. If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries.  The selection must be consistent with the settlor's intention to the extent it can be ascertained.

C. The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
A.R.S. § 14-1104 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1104
14-1104 Prudent management of costs
Status: in_force

14-1104. Prudent management of costs

In a proceeding brought pursuant to this title:

1. The fiduciary must prudently manage costs, preserve the assets of the ward or protected person for the benefit of the ward or protected person and protect against incurring any costs that exceed probable benefits to the ward, protected person, decedent's estate or trust, except as otherwise directed by a governing instrument or court order.

2. A guardian ad litem, fiduciary, fiduciary's attorney and attorney for the ward or protected person have a duty to:

(a) Act in the best interest of the ward or protected person.

(b) Avoid engaging in excessive or unproductive activities.

(c) Affirmatively assess the financial cost of pursuing any action compared to the reasonably expected benefit to the ward or protected person.

3. Market rates for goods and services are a proper, ongoing consideration for the fiduciary and the court during the initial court appointment of a fiduciary or attorney and relating to a request to substitute a court-appointed fiduciary or attorney.
A.R.S. § 14-3310 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3310
14-3310 Informal appointment proceedings; notice requirements
Status: in_force

14-3310. Informal appointment proceedings; notice requirements

The moving party must give notice as described by section 14-1401 of his intention to seek an appointment informally:

1. To any person demanding it pursuant to section 14-3204.

2. To any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required.
A.R.S. § 14-10201 — Arizona Code / Title 14 / Chapter 11 / Article 2 / Section 10201
14-10201 Role of court in administration of trust
Status: in_force

14-10201. Role of court in administration of trust

A. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

B. A trust is not subject to continuing judicial supervision unless ordered by the court.

C. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.
A.R.S. § 14-3906 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3906
14-3906 Distribution in kind; valuation; method
Status: in_force

14-3906. Distribution in kind; valuation; method

A. Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:

1. A specific devisee is entitled to distribution of the thing devised to him, and a spouse or child who has selected particular assets of an estate as provided in section 14-2403 shall receive the items selected.

2. Any allowance in lieu of homestead or family allowance or devise of a stated sum of money may be satisfied by value in kind if the following are true:

(a) The person entitled to the payment has not demanded payment in cash.

(b) The property distributed in kind is valued at fair market value as of the date of its distribution.

(c) A residuary devisee has not requested that the asset in question remain a part of the residue of the estate.

3. For the purpose of valuation under paragraph 2 securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities traded on the business day prior to distribution, or if there was no sale on that day, at the median between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets which do not have readily ascertainable values, a valuation as of a date not more than thirty days prior to the date of distribution, if otherwise reasonable, controls. For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets may have been previously appraised.

4. The residuary estate shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests. In other cases, residuary property may be converted into cash for distribution.

B. After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset the person is to receive, if not waived earlier in writing, terminates if the person fails to object in writing received by the personal representative within thirty days after mailing or delivery of the proposal.
A.R.S. § 14-5202 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5202
14-5202 Testamentary appointment of guardian of minor
Status: in_force

14-5202. Testamentary appointment of guardian of minor

The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 14-5203, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and also to either the person having his care or his nearest adult relation.
A.R.S. § 14-5652 — Arizona Code / Title 14 / Chapter 5 / Article 7 / Section 5652
14-5652 Attorneys; fiduciary duties
Status: in_force

14-5652. Attorneys; fiduciary duties

A. Except as prescribed pursuant to section 14-1104 and absent an express agreement to the contrary, the performance by an attorney of legal services for a fiduciary, settlor or testator does not by itself establish a duty in contract or tort or otherwise to any third party.  For the purposes of this subsection, third party does not apply to the personal representative, settlor or testator.

B. An attorney who acts as a personal representative or trustee shall disclose to all adult persons who have an interest in the estate or trust the names of any person who has an interest in that estate or trust to whom the attorney is currently rendering or has in the past rendered legal services.  The attorney must make this disclosure in writing within a reasonable time after learning that a client or former client has an interest in the estate or trust.  The representation of an interested person by that attorney is not grounds for removing the attorney as the personal representative or trustee unless the attorney is unable to perform the fiduciary duties as personal representative or trustee without violating the attorney's ethical responsibilities to the client or former client.
A.R.S. § 14-7504 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7504
14-7504 Check drawn by fiduciary payable to third person
Status: in_force

14-7504. Check drawn by fiduciary payable to third person

If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as a fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.
A.R.S. § 14-3501 — Arizona Code / Title 14 / Chapter 3 / Article 5 / Section 3501
14-3501 Supervised administration; nature of proceeding
Status: in_force

14-3501. Supervised administration; nature of proceeding

Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this article, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
A.R.S. § 14-1103 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1103
14-1103 Supplementary general principles of law applicable
Status: in_force

14-1103. Supplementary general principles of law applicable

Unless displaced by the particular provisions of this title, the principles of law and equity supplement its provisions.
A.R.S. § 14-7415 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7415
14-7415 Obligation to pay money
Status: in_force

14-7415. Obligation to pay money

A. An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.

B. A trustee shall allocate to principal an amount received from the sale, redemption or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity.  If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust must be allocated to income.

C. This section does not apply to an obligation to which section 14-7418, 14-7419, 14-7420, 14-7421, 14-7423 or 14-7424 applies.
A.R.S. § 14-10005 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10005
14-10005 Power to disclaim; general requirements; when irrevocable
Status: in_force

14-10005. Power to disclaim; general requirements; when irrevocable

A. A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment.  A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

B. Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity.  A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or restriction or limitation on the right to disclaim, or if an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

C. To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer and be delivered or filed in the manner provided in section 14-10012.  For the purposes of this subsection:

1. "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.

2. "Signed" means, with present intent to authenticate or adopt a record, to execute or adopt a tangible symbol or to attach to or logically associate with the record an electronic sound, symbol or process.

D. A partial disclaimer may be expressed as a fraction, a percentage, a monetary amount, a term of years, a limitation of a power or any other interest or estate in the property.

E. A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 14-10012 or when it becomes effective as provided in sections 14-10006 through 14-10011, whichever occurs later.

F. A disclaimer made under this chapter is not a transfer, assignment or release.
A.R.S. § 14-13117 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13117
14-13117 Uniformity of application and construction
Status: in_force

14-13117. Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
A.R.S. § 14-2604 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2604
14-2604 Failure of testamentary provision; effect
Status: in_force

14-2604. Failure of testamentary provision; effect

A. Except as provided in section 14-2603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

B. Except as provided in section 14-2603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
A.R.S. § 14-10016 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10016
14-10016 Application to existing relationships
Status: in_force

14-10016. Application to existing relationships

Except as otherwise provided in section 14-10013, an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.
A.R.S. § 14-5201 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5201
14-5201 Status of guardian of minor; general
Status: in_force

14-5201. Status of guardian of minor; general

A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
A.R.S. § 14-1305 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1305
14-1305 Records and certified copies
Status: in_force

14-1305. Records and certified copies

The clerk of the court shall keep a record for each decedent, ward, protected person or trust involved in any document which may be filed with the court under this title including petitions and applications, demands and any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment. Certified copies of letters shall not be issued if the appointment is terminated or the letters are suspended or revoked.
A.R.S. § 14-10905 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10905
14-10905 Reviewing compliance
Status: in_force

14-10905. Reviewing compliance

Compliance with this article is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
A.R.S. § 14-3816 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3816
14-3816 Final distribution to domiciliary representative
Status: in_force

14-3816. Final distribution to domiciliary representative

The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless any of the following apply:

1. By virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile.

2. The personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative.

3. The court orders otherwise in a proceeding for a closing order under section 14-3931 or incident to the closing of a supervised administration. In other cases, distribution of the estate of a decedent shall be made in accordance with the other articles of this chapter.
A.R.S. § 14-6225 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6225
14-6225 Payments to minors
Status: in_force

14-6225. Payments to minors

If a financial institution is required or permitted to make payment pursuant to this article to a minor designated as a beneficiary, payment may be made pursuant to the uniform transfers to minors act under chapter 7, article 7 of this title.
A.R.S. § 14-7408 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7408
14-7408 Apportionment of receipts and disbursements when decedent dies or income interest begins
Status: in_force

14-7408. Apportionment of receipts and disbursements when decedent dies or income interest begins

A. A trustee shall allocate an income receipt or disbursement other than one to which section 14-7405, paragraph 1 applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.

B. A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date.  An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date.  The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.

C. An item of income or an obligation is due on the date the payer is required to make a payment.  If a payment date is not stated, there is no due date for the purposes of this article.  Distributions to shareholders or other owners from an entity to which section 14-7410 applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution.  A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.
A.R.S. § 14-5107 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5107
14-5107 Military member power of attorney; definition
Status: in_force

14-5107. Military member power of attorney; definition

A. A military member who is a parent or guardian of a minor child or ward may delegate to another person, for a period not to exceed one year, any powers the parent or guardian have regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of the minor child or ward.

B. For the purposes of this section, "military member" means an active duty member of the army, navy, air force or marines, or a member of the reserve or national guard engaged in the performance of official duties or functions under the authority of title 10 or 32, United States Code.
A.R.S. § 14-3414 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3414
14-3414 Formal proceedings concerning appointment of personal representative
Status: in_force

14-3414. Formal proceedings concerning appointment of personal representative

A. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 14-3402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by section 14-3301, subsection B, paragraph 1 and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.

B. After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 14-3203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 14-3611.
A.R.S. § 14-3808 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3808
14-3808 Individual liability of personal representative
Status: in_force

14-3808. Individual liability of personal representative

A. Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.

B. A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.

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

D. Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.
A.R.S. § 14-11102 — Arizona Code / Title 14 / Chapter 11 / Article 11 / Section 11102
14-11102 Severability clause
Status: in_force

14-11102. Severability clause

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
A.R.S. § 14-2704 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2704
14-2704 Power of appointment; exercise by reference; presumption
Status: in_force

14-2704. Power of appointment; exercise by reference; presumption

If a governing instrument that creates a power of appointment expressly requires that the power be exercised by a reference, an express reference or a specific reference to the power or its source, it is presumed that the donor's intention was to prevent an inadvertent exercise of the power.
A.R.S. § 14-5420 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5420
14-5420 Conservators; title by appointment
Status: in_force

14-5420. Conservators; title by appointment

A. The appointment of a conservator vests in the conservator title as trustee to all property or to the part specified in the order of the protected person, presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys in fact. An order specifying that only part of the property of the protected person vests in the conservator creates a limited conservatorship.

B. The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or rule, regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of the person's rights or interest.

C. Except as otherwise provided by law, the interest of the protected person in property vested in a conservator is not transferable or assignable by the protected person.

D. Property vested in a conservator by this section and the interest of the protected person in that property are not subject to levy, garnishment or similar process other than by an order issued in the protective proceeding as provided in section 14-5428.
A.R.S. § 14-10007 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10007
14-10007 Disclaimer of rights of survivorship in jointly held property
Status: in_force

14-10007. Disclaimer of rights of survivorship in jointly held property

A. On the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of either:

1. A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates.

2. All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

B. A disclaimer under subsection A takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

C. An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
A.R.S. § 14-5503 — Arizona Code / Title 14 / Chapter 5 / Article 5 / Section 5503
14-5503 Relation of agent to court appointed fiduciary
Status: in_force

14-5503. Relation of agent to court appointed fiduciary

A. If, following execution of a durable power of attorney, a court of the principal's domicile appoints any conservator or other fiduciary charged with the management of all of the principal's property or all of the principal's property except for specified exclusions, the agent is accountable to the court appointed fiduciary as well as to the principal. The court appointed fiduciary has the same power to revoke or amend the power of attorney that the principal would have if the principal were not a person with a disability or incapacitated.

B. A principal may nominate, by a durable power of attorney, the conservator or the guardian of the principal for consideration by the court if protective proceedings for the principal or estate are commenced.
A.R.S. § 14-9110 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9110
14-9110 Determination of incapacity; effect
Status: in_force

14-9110. Determination of incapacity; effect

A. The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if either:

1. The custodial trust was created under section 14-9105.

2. The transferor has so directed in the instrument creating the custodial trust.

3. The custodial trustee has determined that the beneficiary is incapacitated.

B. A custodial trustee may determine that the beneficiary is incapacitated by relying on:

1. Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney.

2. The certificate of the beneficiary's physician.

3. Other persuasive evidence.

C. If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.

D. On petition of the beneficiary, custodial trustee or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.

E. Absent a determination of incapacity of the beneficiary under subsection B or D of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.

F. Incapacity of a beneficiary does not terminate:

1. The custodial trust.

2. Any designation of a successor custodial trustee.

3. Rights or powers of the custodial trustee.

4. Any immunities of third persons acting on instructions of the custodial trustee.
A.R.S. § 14-3613 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3613
14-3613 Successor personal representative
Status: in_force

14-3613. Successor personal representative

Articles 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.
A.R.S. § 14-5602 — Arizona Code / Title 14 / Chapter 5 / Article 6 / Section 5602
14-5602 Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition
Status: in_force

14-5602. Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition

A. The court shall appoint a public fiduciary for those persons or decedents' estates in need of guardianship, conservatorship or administration and for whom there is no person or corporation qualified and willing to act in that capacity.

B. On filing a statement of administration pursuant to section 14-5605 or on obtaining an order to preserve and protect property pursuant to section 14-5606, the public fiduciary shall take possession of all properties and perform the duties prescribed in sections 14-5605 and 14-5606 when, in the performance of its duties, a law enforcement agency is unable to determine or locate the heirs or personal representative of a deceased person. Pending action by the public fiduciary, the law enforcement agency shall protect all properties of the deceased person.

C. The public fiduciary may apply for and become a designated payee of benefits payable to a person under federal or state law.

D. The public fiduciary may conduct investigations necessary to carry out the requirements of this section and section 36-831.

E. For the purposes of this section, "law enforcement agency" means either:

1. The police agency of an incorporated city or town.

2. The county sheriff of an unincorporated area of a county.
A.R.S. § 14-7508 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7508
14-7508 Deposit in fiduciary's personal account
Status: in_force

14-7508. Deposit in fiduciary's personal account

If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and endorsed by him, if he is empowered to endorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith.
A.R.S. § 14-7427 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7427
14-7427 Transfers from income to principal for depreciation; definition
Status: in_force

14-7427. Transfers from income to principal for depreciation; definition

A. A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but may not transfer any amount for depreciation:

1. Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary.

2. During the administration of a decedent's estate.

3. Under this section if the trustee is accounting under section 14-7412 for the business or activity in which the asset is used.

B. An amount transferred to principal need not be held as a separate fund.

C. For the purposes of this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.
A.R.S. § 14-11004 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11004
14-11004 Attorney fees and costs
Status: in_force

14-11004. Attorney fees and costs

A. A trustee or a person who is nominated as a trustee is entitled to reimbursement from the trust for that person's reasonable fees, expenses and disbursement, including attorney fees and costs, that arise out of and that relate to the good faith defense or prosecution of a judicial or alternative dispute resolution proceeding involving the administration of the trust, regardless of whether the defense or prosecution is successful.

B. A court or arbitrator may order that a party's reasonable fees, expenses and disbursements pursuant to subsection A be paid by any other party or the trust that is the subject of the judicial proceeding.
A.R.S. § 14-2902 — Arizona Code / Title 14 / Chapter 2 / Article 9 / Section 2902
14-2902 Nonvested property interest or power of appointment; creation
Status: in_force

14-2902. Nonvested property interest or power of appointment; creation

A. Except as provided in subsections B and C of this section and section 14-2905, subsection C, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

B. If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 14-2901, subsection B or C, the nonvested property interest or power of appointment is created when that person's power to become the unqualified beneficial owner terminates. A joint power with respect to community property or to marital property held by a married couple is a power exercisable by one person alone.

C. A nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or any other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
A.R.S. § 14-5601 — Arizona Code / Title 14 / Chapter 5 / Article 6 / Section 5601
14-5601 Establishment of office of public fiduciary; appointments; costs
Status: in_force

14-5601. Establishment of office of public fiduciary; appointments; costs

A. Each county board of supervisors, by resolution or ordinance, shall establish the office of and appoint a public fiduciary. The supreme court shall certify each public fiduciary pursuant to section 14-5651.

B. The public fiduciary, with the consent of and at salaries fixed by the board of supervisors, may appoint assistants, deputies, stenographers, clerks and other employees as necessary to conduct the affairs of the office. The appointments shall be in writing. Assistants and deputies hold office at the pleasure of the public fiduciary and the board of supervisors.

C. Costs incurred in conducting the office of public fiduciary shall be a charge against the county.
A.R.S. § 14-5422 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5422
14-5422 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
Status: in_force

14-5422. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions

Any sale or encumbrance to a conservator, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.
A.R.S. § 14-7657 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7657
14-7657 Transfer by obligor
Status: in_force

14-7657. Transfer by obligor

A. Pursuant to subsections B and C of this section, a person who is not subject to section 14-7655 or 14-7656 and who holds property of or owes a liquidated debt to a minor who does not have a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 14-7659.

B. If a person having the right to do so pursuant to section 14-7653 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

C. If no custodian has been nominated pursuant to section 14-7653 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer pursuant to this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars in value.
A.R.S. § 14-2701 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2701
14-2701 Scope of article
Status: in_force

14-2701. Scope of article

In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a governing instrument. The rules of construction in this article apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
A.R.S. § 14-2511 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2511
14-2511 Testamentary additions to trusts; requirements; effect of revocation
Status: reserved

14-2511. Testamentary additions to trusts; requirements; effect of revocation

A. A will may validly devise property to the trustee of a trust established or to be established:

1. During the testator's lifetime by the testator alone, by the testator and some other person or by some other person, including a funded or unfunded life insurance trust, even if the settlor has reserved any or all rights of ownership of the insurance contracts.

2. At the testator's death by the testator's devise to the trustee if the trust is identified in the testator's will and its terms are set forth in a written instrument other than a will executed before, concurrently with or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or after the testator's death.

B. Unless the testator's will provides otherwise, property devised to a trust described in subsection A is not held under a testamentary trust of the testator but becomes a part of the trust to which it is devised and must be administered and disposed of in accordance with the provisions of the governing instrument that states the terms of the trust, including any amendments made before or after the testator's death.

C. Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
A.R.S. § 14-7661 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7661
14-7661 Validity and effect of transfer
Status: in_force

14-7661. Validity and effect of transfer

A. The validity of a transfer made in a manner prescribed in this article is not affected by any of the following:

1. Failure of the transferor to comply with section 14-7659, subsection C concerning possession and control.

2. Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian pursuant to section 14-7659, subsection A.

3. Death or incapacity of a person nominated pursuant to section 14-7653 or designated under section 14-7659 as custodian or the disclaimer of the office by that person.

B. A transfer made pursuant to section 14-7659 is irrevocable, and the custodial property is indefeasibly vested in the minor. The custodian has all the rights, powers, duties and authority provided in this article, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this article.

C. By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian and to any third person dealing with a person designated as custodian the respective powers, rights and immunities provided in this article.
A.R.S. § 14-6303 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6303
14-6303 Registration in beneficiary form; applicable law
Status: in_force

14-6303. Registration in beneficiary form; applicable law

A. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration or by this or a similar statute of the law of the state listed as the owner's address at the time of registration.

B. A registration governed by the law of a jurisdiction in which a law that is similar to this article is not in force or was not in force when a registration in beneficiary form was made is presumed to be valid and authorized as a matter of contract law.
A.R.S. § 14-3711 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3711
14-3711 Powers of personal representatives; in general
Status: in_force

14-3711. Powers of personal representatives; in general

Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing or order of court.
A.R.S. § 14-10104 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10104
14-10104 Knowledge
Status: in_force

14-10104. Knowledge

A. Subject to subsection B, a person has knowledge of a fact if any of the following apply:

1. The person has actual knowledge of it.

2. The person has received a notice or notification of it.

3. From all the facts and circumstances known to the person at the time in question, the person has reason to know it.

B. An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust or would have been brought to the employee's attention if the organization had exercised reasonable diligence.  An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
A.R.S. § 14-10602 — Arizona Code / Title 14 / Chapter 11 / Article 6 / Section 10602
14-10602 Revocation or amendment of revocable trust
Status: in_force

14-10602. Revocation or amendment of revocable trust

A. Unless the terms of a trust expressly provide that the trust is irrevocable, a settlor may revoke or amend the trust subject to any limitations prescribed in the terms of the trust.

B. If a revocable trust is created or funded by more than one settlor:

1. To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone as to that spouse's share of the community property but may be amended only by joint action of both spouses.

2. To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard the portion of the trust property attributable to that settlor's contribution.

C. The settlor may revoke or amend a revocable trust either:

1. By substantial compliance with a method 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 either:

(a) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust.

(b) Any other writing signed by the settlor manifesting clear and convincing evidence of the settlor's intent.

D. On revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

E. A settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or, if the terms of the trust do not prohibit an agent from exercising powers on behalf of the settlor, to the extent expressly authorized under the power of attorney. If an agent is not so authorized and the terms of the trust do not prohibit a conservator from exercising powers on behalf of a settlor, a settlor's power to revoke, amend or distribute may be exercised by the settlor's conservator with the approval of the court supervising the conservatorship or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.

F. A trustee who does not have actual knowledge that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
A.R.S. § 14-3307 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3307
14-3307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment
Status: in_force

14-3307. Informal appointment proceedings; delay in order; duty of registrar; effect of appointment

A. Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 14-3614, if at least one hundred twenty hours have elapsed since the decedent's death, the registrar, after making the findings required by section 14-3308, shall appoint the applicant subject to qualification and acceptance, except that if the decedent was a nonresident the registrar shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant or the decedent's will directs that his estate be subject to the laws of this state.

B. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 14-3608 through 14-3612, but is not subject to retroactive vacation.
A.R.S. § 14-2102 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2102
14-2102 Intestate share of surviving spouse
Status: in_force

14-2102. Intestate share of surviving spouse

The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:

1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.

2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
A.R.S. § 14-5310.01 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5310.01
14-5310.01 Adult protective services workers; special visitation warrants
Status: in_force

14-5310.01. Adult protective services workers; special visitation warrants

A. Adult protective services workers of the department of economic security charged with responsibilities involving protection of incapacitated and abused, exploited or neglected adults may present themselves before the court to apply for and obtain special visitation warrants. The court shall limit such visitations to the residence of the adult believed to be incapacitated and abused, exploited or neglected. Nothing in this act shall be construed to mean that an adult is abused or neglected or in need of protective services for the sole reason that he relies on treatment from a recognized religious method of healing in lieu of medical treatment.

B. Upon showing by the affidavit of the protective services worker that consent to entry for visitation to an adult believed to be incapacitated and abused, exploited or neglected has been refused a special visitation warrant may be issued by the court for the visitation of the residence of the adult.

C. The warrant shall be in substantially the following form:

County of _______________, state of Arizona, to any peace officer accompanied by an adult protective services worker in the state of Arizona, proof, by affidavit attached hereto and made a part hereof for all purposes, having been this day made before me (by person or persons where affidavit has been taken) that there may exist a reasonable governmental interest to determine if _______________, an adult, may be incapacitated and abused, exploited or neglected. You are therefore commanded in the daytime to visit the residence of _______________, an adult, located at _______________, in the county of __________________, state of Arizona, and to visit ____________________ for the purpose of making a determination if the adult is in need of protective services and what services, if any, are needed.

Given under my hand and dated this ______________ day of _________, 19__.

(signature)

__________________________________

Judge of the superior court

(The endorsement on the warrant shall be:)

Received by us this __________ day of ______________, 19__, at the hour of _____________ a.m./p.m.

A peace officer

Adult protective services worker

Department of economic security

(Return of the warrant shall be:)

We hereby certify that by virtue of the within warrant we visited _______________, and visited his/her residence located at ______________, on the _________ day of _______, 19__, at the hour of ______ a.m./p.m. and found the following:

Dated this __________ day of ___________________________, 19__.       ______________________________________ A peace officer ______________________________________    Adult protective services worker

D. All warrants issued are returnable to the issuing judge within seventy-two hours of issuance and shall thereafter be filed in the probate division of the office of the clerk of the superior court.
A.R.S. § 14-5419 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5419
14-5419 Accounts; definition
Status: in_force

14-5419. Accounts; definition

A. Except as provided pursuant to subsection F of this section, every conservator must account to the court for the administration of the estate annually pursuant to rules adopted by the supreme court and on termination of the protected person's minority or disability, except that for good cause shown on the application of an interested person, the court may relieve the conservator of filing annual or other accounts by an order entered in the minutes.

B. The court may take any appropriate action on filing of annual or other accounts. In connection with any account, the court may require a conservator to submit to a physical check of the estate in the conservator's control, to be made in any manner the court may specify.

C. An adjudication allowing an intermediate or final account can be made only on petition, notice and a hearing. Notice must be given to:

1. The protected person.

2. A guardian of the protected person if one has been appointed, unless the same person is serving as both guardian and conservator.

3. If no guardian has been appointed or the same person is serving as both guardian and conservator, a spouse or, if the spouse is the conservator, there is no spouse or the spouse is incapacitated, a parent or an adult child who is not serving as a conservator.

4. A guardian ad litem appointed for the protected person, if the court determines in accordance with section 14-1408 that representation of the interest of the protected person would otherwise be inadequate.

D. An order, made on notice and a hearing, allowing an intermediate account of a conservator, adjudicates as to the conservator's liabilities concerning the matters considered in connection therewith. An order, made on notice and a hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.

E. In any case in which the estate consists, in whole or in part, of benefits paid by the United States department of veterans affairs to the conservator or the conservator's predecessor for the benefit of the protected person, the United States department of veterans affairs office that has jurisdiction over the area is entitled to a copy of any account filed under this article.  Each year in which an account is not filed with the court, the conservator, if requested, shall submit an account to the appropriate United States department of veterans affairs office. If an account is not submitted as requested, or if it is found unsatisfactory by the United States department of veterans affairs, the court on receipt of notice of the deficiency shall require the conservator to immediately file an account with the court promptly.

F. Unless prohibited by order of the court, the conservator may file with the court, in lieu of a final account, a verified statement stating that:

1. The protected person has died.  The conservator shall attach a certified copy of the protected person's death certificate to the statement.

2. The protected person's successors have all waived in writing their right to have the conservator submit to the court a final account of the conservator's administration of the protected person's estate. The conservator shall attach the originals of the written waivers to the statement.

3. The conservator has delivered a copy of a closing statement to the protected person's successors.  The conservator shall attach a copy of the closing statement to the statement.

G. The closing statement that is to be delivered to the protected person's successors shall be a verified statement stating the following:

1. The protected person has died and the date of the person's death.

2. The persons receiving the closing statement have a right to have the conservator submit to the court a final account of the conservator's administration of the protected person's estate.

3. If the person wishes to have the final accounting reviewed by the court, the person should not sign a waiver that waives this right.

4. If all persons receiving the closing statement choose to waive the right to have the conservator submit to the court a final account, the final account will not be reviewed by the court.

5. A list of the property owned by the protected person, as of the date of the protected person's death, is attached to the closing statement and that the list states the fair market value of the property as of the date of the protected person's death.

6. The conservator, by the closing statement, shall inform the protected person's successors that if they waive court review of the conservator's final account, the conservatorship will be terminated, the conservator will be discharged from all liabilities relating to the conservatorship, the bond or other security posted by the conservator will be exonerated and any restrictions previously imposed on the assets of the conservatorship will be lifted.

H. The conservator shall file an affidavit with the court that states that the closing statement was sent or delivered to the protected person's successors on a date before the date that the protected person's successors signed the written waiver.

I. Unless proceedings are pending against the conservator, on the filing of the statement described in subsection F of this section and the affidavit described in subsection H of this section, the court shall enter an order terminating the conservatorship, discharging the conservator from all liabilities relating to the conservatorship, exonerating and releasing any bond or other security posted by the conservator and releasing any restrictions previously imposed on the assets of the conservatorship.

J. For the purposes of this section, "protected person's successors" means:

1. The personal representative of the protected person's estate if the personal representative and the conservator are not the same person.

2. If the conservator and the personal representative of the protected person's estate are the same person and if the protected person died intestate, the protected person's heirs.

3. If the conservator and the personal representative of the protected person's estate are the same person and if the protected person died testate, the devisees under the protected person's will that has been admitted to probate.
A.R.S. § 14-3707 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3707
14-3707 Employment of appraisers
Status: in_force

14-3707. Employment of appraisers

The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.
A.R.S. § 14-6214 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6214
14-6214 Accounts; transfers; nontestamentary effect
Status: in_force

14-6214. Accounts; transfers; nontestamentary effect

A transfer of an account pursuant to section 14-6212 is effective by reason of the terms of the account involved and is not testamentary or subject to chapters 1 through 4 of this title.
A.R.S. § 14-7666 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7666
14-7666 Exemption of third person from liability
Status: in_force

14-7666. Exemption of third person from liability

A third person in good faith and without court order may act on the instructions of or otherwise deal with a person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:

1. The validity of the purported custodian's designation.

2. The propriety of, or the authority under this article for, any act of the purported custodian.

3. The validity or propriety pursuant to this article of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian.

4. The propriety of the application of any property of the minor delivered to the purported custodian.
A.R.S. § 14-2905 — Arizona Code / Title 14 / Chapter 2 / Article 9 / Section 2905
14-2905 Nonvested property interest or power of appointment; creation; effective date; judicial reformation
Status: in_force

14-2905. Nonvested property interest or power of appointment; creation; effective date; judicial reformation

A. Except as otherwise provided, this article applies to a nonvested property interest or a power of appointment that is created on or after December 31, 1994.

B. If a nonvested property interest or a power of appointment is determined in a judicial proceeding to violate this state's rule against perpetuities as that rule existed when the nonvested property interest or power of appointment was created, a court on the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the limits of the requirements of section 14-2901.

C. For the purposes of this article, if the person who exercises a power of appointment so provides in the exercise, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
A.R.S. § 14-6206 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6206
14-6206 Beneficial ownership; application and limitation of article
Status: in_force

14-6206. Beneficial ownership; application and limitation of article

The requirements of this article that relate to beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors and do not apply to the right of those persons to payment as determined by the terms of the account.
A.R.S. § 14-12206 — Arizona Code / Title 14 / Chapter 12 / Article 2 / Section 12206
14-12206 Appropriate forum
Status: in_force

14-12206. Appropriate forum

A. A court of this state that has jurisdiction under section 14-12203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

B. If a court of this state declines to exercise its jurisdiction under subsection A of this section, it shall either dismiss or stay the proceeding.  The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

C. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

1. Any expressed preference of the respondent.

2. Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation.

3. The length of time the respondent was physically present in or was a legal resident of this state or another state.

4. The distance of the respondent from the court in each state.

5. The financial circumstances of the respondent's estate.

6. The nature and location of the evidence.

7. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.

8. The familiarity of the court of each state with the facts and issues in the proceeding.

9. If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
A.R.S. § 14-2101 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2101
14-2101 Intestate estate; modification by will
Status: in_force

14-2101. Intestate estate; modification by will

A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter, except as modified by the decedent's will.

B. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession. If that person or a member of that class survives the decedent, the share of the decedent's intestate estate to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed that person's intestate share.
A.R.S. § 14-3603 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3603
14-3603 Bond required; exceptions
Status: in_force

14-3603. Bond required; exceptions

A. A bond is required of a personal representative unless either:

1. The will expressly waives the bond.

2. All of the heirs if no will has been probated, or all of the devisees under a will that does not provide for waiver of the bond, file with the court a written waiver of the bond requirement. A duly appointed guardian or conservator may waive on behalf of the ward or protected person unless the guardian or conservator is the personal representative.

3. The personal representative 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 that is 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.

4. The petition for formal or informal appointment alleges that the probable value of the entire estate will allow summary procedures under section 14-3973 and the surviving spouse, or the nominee of the surviving spouse, is applying for appointment as personal representative.

B. In any case where a bond is not required under subsection A of this section, the court, on petition of any interested person and on reasonable proof that the interest of the petitioning person is in danger of being lost because of the administration of the estate, may require a bond in such an amount as the court may direct to protect the interest of the petitioner or of the petitioner and others. An heir or devisee who initially waived bond may be a petitioner under this subsection.

C. If a bond is not initially required because the petition for appointment alleges that the probable value of the entire estate will allow summary procedures under section 14-3973, and it later appears from the inventory and appraisal that the value of the estate will not allow use of such procedures, then the personal representative must promptly file a bond unless one is not required for some other reason under subsection A of this section.
A.R.S. § 14-3606 — Arizona Code / Title 14 / Chapter 3 / Article 6 / Section 3606
14-3606 Terms and conditions of bonds
Status: in_force

14-3606. Terms and conditions of bonds

A. The following requirements and provisions apply to any bond required by this article:

1. Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.

2. Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.

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

4. On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.

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

B. No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
A.R.S. § 14-2705 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2705
14-2705 Adopted children; children born out of wedlock; class gifts
Status: in_force

14-2705. Adopted children; children born out of wedlock; class gifts

A. A person who is adopted or born out of wedlock and that person's descendants, if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the intestate succession under article 1 of this chapter. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles", "aunts", "nieces" or "nephews", are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers", "sisters", "nieces" or "nephews", are construed to include both types of relationships.

B. In addition to the requirements of subsection A, in construing a dispositive provision of a transferor who is not the adopting parent, an adopted person is not considered the child of the adopting parent unless the adopted person lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent at any time.
A.R.S. § 14-5430 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5430
14-5430 Termination of proceeding
Status: in_force

14-5430. Termination of proceeding

A. The protected person, the conservator or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order.

B. The court, on determining after notice and a hearing that the minority or disability of the protected person has ceased, shall terminate the conservatorship unless the court has continued the conservatorship or other protective order pursuant to section 14-5401, subsection B.

C. On termination, title to assets of the estate passes to the formerly protected person or to the person's successors. The order of termination shall provide for expenses of administration and shall direct the conservator to execute appropriate instruments to evidence the transfer.
A.R.S. § 14-3504 — Arizona Code / Title 14 / Chapter 3 / Article 5 / Section 3504
14-3504 Supervised administration; powers of personal representative
Status: in_force

14-3504. Supervised administration; powers of personal representative

Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this title, but all sales of real property shall be subject to court confirmation and the personal representative shall not exercise his power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court must be endorsed on his letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative.
A.R.S. § 14-5408 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5408
14-5408 Permissible court orders
Status: in_force

14-5408. Permissible court orders

A. The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons:

1. While a petition for appointment of a conservator or any other protective order is pending and after a preliminary hearing and without notice to others, the court has power to preserve and apply the estate of the person allegedly in need of protection as may be required for that person’s benefit or the benefit of that person’s dependents.

2. After a hearing and upon determining that a basis for an appointment or any other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and affairs of the minor which are or might be necessary for the best interests of the minor, the minor’s family and members of the minor’s household.

3. After a hearing and upon determining that a basis for an appointment or any other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the protected person and members of that person’s household, all the powers over his estate and affairs which the protected person could exercise if present and not under disability, except the power to make a will or to make gifts other than those authorized by this section.

4. After notice and a hearing the court may authorize the conservator to make gifts on behalf of the protected person out of the estate of the protected person to donees and in amounts that are consistent with the protected person’s best interests and intentions. In determining if these gifts are in the protected person’s best interests the court shall consider:

(a) The protected person’s estate plan, if any.

(b) The protected person’s pattern of prior gifts, if any.

(c) The potential tax savings that would result if a gift were authorized.

(d) The size of the estate.

(e) The protected person’s income and expenses.

(f) The physical and mental condition and life expectancy of the protected person.

(g) The likelihood that the protected person’s disability may cease.

(h) The likelihood that the protected person would make the gift if the person were able to consent.

(i) The ability of the protected person to consent to the proposed gifts.

B. An order made pursuant to this section determining that a basis for appointment of a conservator or other protective order exists has no effect on the capacity of the protected person.

C. To encourage the self-reliance and independence of a protected person, the court may grant the protected person the ability to handle part of the protected person’s money or other property without the consent or supervision of the conservator. This may include allowing the protected person to maintain appropriate accounts in any bank or other financial institution.
A.R.S. § 14-2523 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2523
14-2523 Certified paper original of electronic will; affidavits
Status: in_force

14-2523. Certified paper original of electronic will; affidavits

A. On the creation of a certified paper original of an electronic will, if the electronic will has always been in the custody of a qualified custodian, the qualified custodian shall state in an affidavit all of the following:

1. That the qualified custodian is eligible to act as a qualified custodian in this state and is the qualified custodian designated by the testator in the electronic will or was designated to act in that capacity by another qualified custodian pursuant to section 14-2521, subsection C, paragraph 2.

2. That an electronic record was created at the time the testator executed the electronic will.

3. That the electronic record has been under the exclusive control of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created.

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

5. That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

6. That the records described in section 14-2520, paragraph 4 are under the exclusive control of the qualified custodian.

B. On the creation of a certified paper original of an electronic will, if the electronic will has not always been under the exclusive control of a qualified custodian, the person who discovered the electronic will and the person who reduced the electronic will to the certified paper original shall each state in an affidavit all of the following to the best of each person's knowledge:

1. When the electronic will was created, if not indicated in the electronic will.

2. When, how and by whom the electronic will was discovered.

3. The identity of each person who has had access to the electronic will.

4. The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will.

5. Whether the electronic will has been altered since its execution.

6. That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

C. For the purposes of making the affidavit prescribed by subsection A of this section, the qualified custodian may rely conclusively on any affidavits provided by a predecessor qualified custodian.
A.R.S. § 14-3802 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3802
14-3802 Statute of limitations
Status: in_force

14-3802. Statute of limitations

Unless an estate is insolvent the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under section 14-3804 is equivalent to commencement of a proceeding on the claim.
A.R.S. § 14-2108 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2108
14-2108 After-born heirs; requirements
Status: in_force

14-2108. After-born heirs; requirements

A child in gestation at a particular time is treated as living at that time if the child lives at least one hundred twenty hours after its birth.
A.R.S. § 14-11008 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11008
14-11008 Exculpation of trustee
Status: in_force

14-11008. Exculpation of trustee

A. A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it either:

1. Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries.

2. Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

B. An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.

C. Subsection B does not apply to an irrevocable trust created before January 1, 2009 or to a revocable trust created before January 1, 2009 that is not amended on or after January 1, 2009.
A.R.S. § 14-3916 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3916
14-3916 Community property
Status: in_force

14-3916. Community property

In making a division or distribution of community property held in the decedent's estate, the personal representative may consider community property held outside the estate so that the division of community property held in the estate and outside the estate is based on equal value but is not necessarily proportionate.
A.R.S. § 14-13111 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13111
14-13111 Disclosure of digital assets held in trust when trustee is original user
Status: in_force

14-13111. Disclosure of digital assets held in trust when trustee is original user

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
A.R.S. § 14-5415 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5415
14-5415 Resignation or substitution of conservator
Status: in_force

14-5415. Resignation or substitution of conservator

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

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

C. An interested person, other than the conservator or protected person, shall not file a petition for adjudication that the protected person is no longer in need of protection earlier than one year after the entry of a protective order unless the court permits the person to file the petition on the basis of affidavits that there is reason to believe that the protected person is no longer in need of protection.

D. An interested person, other than the conservator or protected person, shall not file a petition to substitute a conservator earlier than one year after the entry of a protective order, unless the court permits the person to file the petition on the basis of affidavits that there is reason to believe that the current conservator will endanger the protected person's estate if the conservator is not substituted.

E. Before it orders that need for protection no longer exists, substituting a conservator or accepting the resignation of a conservator, the court, following the same procedures to safeguard the rights of the protected person that apply to a petition for appointment of a conservator, may require appropriate accounts and enter appropriate orders to preserve and protect the assets of the estate, to require reimbursement or payment as needed and to transfer assets or title thereto to appropriate successors.
A.R.S. § 14-5303 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5303
14-5303 Procedure for court appointment of a guardian of an alleged incapacitated person
Status: in_force

14-5303. Procedure for court appointment of a guardian of an alleged incapacitated person

A. The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order.

B. The petition shall contain a statement that the authority granted to the guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid, and shall state, at a minimum and to the extent known, all of the following:

1. The interest of the petitioner.

2. The name, age, residence and address of the alleged incapacitated person.

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

4. The name and address of the conservator, if any, of the alleged incapacitated person.

5. The name and address of the nearest relative of the alleged incapacitated person known to the petitioner.

6. A general statement of the property of the alleged incapacitated person, with an estimate of its value and including any compensation, insurance, pension or allowance to which the person is entitled.

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

8. The type of guardianship requested.  If a general guardianship is requested, the petition must state that other alternatives have been explored and why a limited guardianship is not appropriate.  If a limited guardianship is requested, the petition also must state what specific powers are requested.

9. If a legal decision-making, parenting time or visitation order was previously entered regarding an alleged incapacitated person in a marriage dissolution, legal separation or paternity action in this state or another jurisdiction and the petitioner or proposed guardian is a parent of the alleged incapacitated person or a nonparent who has been awarded legal decision-making as to the alleged incapacitated person, the court and case number for that action or proceeding and include a copy of the most recent court order regarding legal decision-making, parenting time and visitation.

10. If the appointment of a guardian is necessary due solely to the physical incapacity of the alleged incapacitated person.

11. Whether the alleged incapacitated person is the principal under a health care power of attorney, and, if so, a copy of that health care power of attorney must be attached to the petition.

12. Whether the alleged incapacitated person is the principal under a durable power of attorney in which the alleged incapacitated person has nominated someone to serve as guardian, and, if so, a copy of that durable power of attorney must be attached to the petition.

13. Whether the alleged incapacitated person has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust.

C. On the filing of a petition, the court shall set a hearing date on the issues of incapacity. Unless the alleged incapacitated person is represented by independent counsel, the court shall appoint an attorney to represent that person in the proceeding. The alleged incapacitated person shall be interviewed by an investigator appointed by the court and shall be examined by a physician, psychologist or registered nurse appointed by the court. If the alleged incapacitated person has an established relationship with a physician, psychologist or registered nurse who is determined by the court to be qualified to evaluate the capacity of the alleged incapacitated person, the court may appoint the alleged incapacitated person's physician, psychologist or registered nurse pursuant to this subsection. The investigator and the person conducting the examination shall submit their reports in writing to the court. In addition to information required under subsection D of this section, the court may direct that either report include other information the court deems appropriate. The investigator also shall interview the person seeking appointment as guardian, visit the present place of abode of the alleged incapacitated person and the place where it is proposed that the person will be detained or reside if the requested appointment is made and submit a report in writing to the court.  The alleged incapacitated person is entitled to be present at the hearing and to see or hear all evidence bearing on that person's condition. The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury. The court may determine the issue at a closed hearing if the alleged incapacitated person or that person's counsel so requests.

D. At the initial hearing on the petition, the court shall read into the record the notice of right to trial by jury as stated in the notice of hearing.

E. A report filed pursuant to this section by a physician, psychologist or registered nurse acting within that person's scope of practice shall include the following information:

1. A specific description of the physical, psychiatric or psychological diagnosis of the person.

2. A comprehensive assessment listing any functional impairments of the alleged incapacitated person and an explanation of how and to what extent these functional impairments may prevent that person from receiving or evaluating information in making decisions or in communicating informed decisions regarding that person.

3. An analysis of the tasks of daily living the alleged incapacitated person is capable of performing without direction or with minimal direction.

4. A list of all medications the alleged incapacitated person is receiving, the dosage of the medications and a description of the effects each medication has on the person's behavior to the best of the declarant's knowledge.

5. A prognosis for improvement in the alleged incapacitated person's condition and a recommendation for the most appropriate rehabilitation plan or care plan.

6. Other information the physician, psychologist or registered nurse deems appropriate.
A.R.S. § 14-5502 — Arizona Code / Title 14 / Chapter 5 / Article 5 / Section 5502
14-5502 Effect of lapse of time, disability or incapacity
Status: in_force

14-5502. Effect of lapse of time, disability or incapacity

All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were not incapacitated or a person with a disability.
A.R.S. § 14-10704 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10704
14-10704 Vacancy in trusteeship; appointment of successor
Status: in_force

14-10704. Vacancy in trusteeship; appointment of successor

A. A vacancy in a trusteeship occurs if:

1. A person designated as trustee rejects the trusteeship.

2. A person designated as trustee cannot be identified or does not exist.

3. A trustee resigns.

4. A trustee is disqualified or removed.

5. A trustee dies.

6. A guardian or conservator is appointed for an individual serving as trustee.

B. If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled.  A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

C. A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:

1. By a person designated in the terms of the trust to act as successor trustee or a person who is appointed by a person who has authority in the trust instrument to appoint a successor trustee.

2. By a person appointed by unanimous agreement of the qualified beneficiaries.

3. By a person appointed by the court.

D. A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:

1. By a person designated in the terms of the trust to act as successor trustee.

2. By a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust.

3. By a person appointed by the court.

E. Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
A.R.S. § 14-10604 — Arizona Code / Title 14 / Chapter 11 / Article 6 / Section 10604
14-10604 Limitation on actions contesting validity or revocable trust; distribution of trust property
Status: in_force

14-10604. Limitation on actions contesting validity or revocable trust; distribution of trust property

A. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:

1. One year after the settlor's death.

2. Four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address and of the time allowed for commencing a proceeding.

B. On the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust.  The trustee is not subject to liability for doing so unless either:

1. The trustee has actual knowledge of a pending judicial proceeding contesting the validity of the trust.

2. A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification.

C. A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received except to the extent that the beneficiary is a bona fide purchaser for value without notice.
A.R.S. § 14-2505 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2505
14-2505 Witnesses; requirements; definition
Status: in_force

14-2505. Witnesses; requirements; definition

A. A person who is generally competent to be a witness may act as a witness to a will.

B. For any will executed on or after October 1, 2019, unless the will is made self-proved as prescribed in section 14-2504 or 14-2519, a person may not act as a witness to a will if that person is a devisee under that will or is related by blood, marriage or adoption to a devisee under that will.

C. For the purposes of this section, "devisee" means a person who is designated in the will to receive a devise or who is a beneficiary of a trust that is designated in the will to receive a devise.
A.R.S. § 14-1105 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1105
14-1105 Remedies for unreasonable conduct; definitions
Status: in_force

14-1105. Remedies for unreasonable conduct; definitions

A. If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the decedent's estate or trust for some or all of the fees and expenses as the court deems just under the circumstances.

B. In a guardianship or conservatorship case, if the court finds that a ward or protected person has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the ward or protected person for some or all of the fees and expenses as the court deems just under the circumstances.

C. The remedies allowed pursuant to this section are in addition to any other civil remedy or any other provision of law.  The remedies allowed pursuant to this section may be invoked to mitigate the financial burden on a ward, protected person, decedent's estate or trust incurred as a result of unjustified court proceedings or unreasonable or excessive demands made on a fiduciary, fiduciary's attorney, court-appointed attorney, guardian ad litem or representative.

D. For the purposes of this section:

1. "Court-appointed attorney" means an attorney appointed pursuant to section 14-5303, subsection C, section 14-5310, subsection C, section 14-5401.01, subsection C or section 14-5407, subsection B.

2. "Fiduciary" means an agent under a durable power of attorney, an agent under a health care power of attorney, a guardian, a conservator, a personal representative, a trustee or a guardian ad litem.

3. "Person who engaged in the conduct" includes a fiduciary, an attorney or a guardian ad litem.

4. "Professional" means an accountant, an attorney, a fiduciary, a physician, a psychologist, a registered nurse, a guardian ad litem or an expert witness.

5. "Professional fees or expenses" includes the fiduciary's fees and expenses and the fiduciary's attorney fees and expenses, as well as the fees and expenses of any other professionals hired by the fiduciary or the fiduciary's attorney.
A.R.S. § 14-2507 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2507
14-2507 Revocation of will; requirements
Status: in_force

14-2507. Revocation of will; requirements

A. A testator may revoke a will in whole or in part:

1. By executing a subsequent will that revokes the previous will or part expressly or by inconsistency.

2. By performing a revocatory act on the will if the testator performs the act with this intent or if another person performs the act in the testator's conscious presence and by the testator's direction. For the purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating, rendering unreadable or destroying the will or any part of it. A burning, tearing or canceling is a revocatory act on the will whether or not the burn, tear or cancellation touched any of the words on the will.

B. If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.

C. The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator's death.

D. The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent the wills are not inconsistent.
A.R.S. § 14-7420 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7420
14-7420 Minerals, water and other natural resources
Status: in_force

14-7420. Minerals, water and other natural resources

A. To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:

1. If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income.

2. If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent.  The balance must be allocated to principal.

3. If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, ninety per cent must be allocated to principal and the balance to income.

4. If an amount is received from a working interest or any other interest not provided for in paragraph 1, 2 or 3, ninety per cent of the net amount received must be allocated to principal and the balance to income.

B. An amount received on account of an interest in water that is renewable must be allocated to income.  If the water is not renewable, ninety per cent of the amount must be allocated to principal and the balance to income.

C. This article applies whether or not a decedent or donor was extracting minerals, water or other natural resources before the interest became subject to the trust.

D. If a trust owns an interest in minerals, water or other natural resources on the effective date of this article, the trustee may allocate receipts from the interest as provided in this article or in the manner used by the trustee before the effective date of this article.  If the trust acquires an interest in minerals, water or other natural resources after the effective date of this article, the trustee shall allocate receipts from the interest as provided in this article.
A.R.S. § 14-3404 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3404
14-3404 Formal testacy proceedings; written objections to probate
Status: in_force

14-3404. Formal testacy proceedings; written objections to probate

Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.
A.R.S. § 14-2802 — Arizona Code / Title 14 / Chapter 2 / Article 8 / Section 2802
14-2802 Effect of divorce, annulment and decree of separation
Status: in_force

14-2802. Effect of divorce, annulment and decree of separation

A. A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, that person is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

B. For the purposes of this section, "surviving spouse" does not include:

1. A person who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of the marriage if that decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife.

2. A person who, after an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person.

3. A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
A.R.S. § 14-3401 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3401
14-3401 Formal testacy proceedings; nature; when commenced
Status: in_force

14-3401. Formal testacy proceedings; nature; when commenced

A. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 14-3402, subsection A in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 14-3402, subsection B for an order that the decedent died intestate.

B. A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may involve a request for appointment of a personal representative.

C. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.

D. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
A.R.S. § 14-13115 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13115
14-13115 Fiduciary duty and authority
Status: in_force

14-13115. Fiduciary duty and authority

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable:

1. The duty of care.

2. The duty of loyalty.

3. The duty of confidentiality.

B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service.

2. Is subject to other applicable law, including copyright law.

3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties.

4. May not be used to impersonate the user.

C. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 13-2316.

E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:

1. Has the right to access the property and any digital asset stored in it.

2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316.

F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by all of the following:

1. If the user is deceased, a certified copy of the death certificate of the user.

2. A certified copy of the letters testamentary of the representative, small-estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account.

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 user's account.

(b) Evidence linking the account to the user.

(c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.
A.R.S. § 14-5405 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5405
14-5405 Notice in conservatorship proceedings; damages
Status: in_force

14-5405. Notice in conservatorship proceedings; damages

A. In a proceeding for the appointment or substitution of a conservator of a protected person or person allegedly in need of protection, other than the appointment of a temporary conservator or temporary suspension of a conservator, and in a proceeding to continue a conservatorship or other protective order pursuant to section 14-5401, subsection B, notice of the hearing shall be given to each of the following:

1. The protected person or the person allegedly in need of protection if that person is fourteen years of age or older.

2. The spouse, parents and adult children of the protected person or person allegedly in need of protection, or if no spouse, parents or adult children can be located, at least one adult relative of the protected person or the person allegedly in need of protection, if such a relative can be found.

3. Any person who is serving as guardian or conservator or who has the care and custody of the protected person or person allegedly in need of protection.

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 protected person or the person allegedly in need of protection 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 protected person or the person allegedly in need of protection shall be given in accordance with section 14-1401. Waiver of notice by the protected person or the person allegedly in need of protection is not effective unless the protected person or the person allegedly in need of protection 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. § 14-1108 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1108
14-1108 Arbitration of disputes; alternative dispute resolution
Status: in_force

14-1108. Arbitration of disputes; alternative dispute resolution

In a proceeding brought pursuant to this title the court may require arbitration of a dispute pursuant to the requirements of section 12-133, subsections B through L, or order alternative dispute resolution.
A.R.S. § 14-5433 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5433
14-5433 Probate fund; use
Status: in_force

14-5433. Probate fund; use

A. The presiding judge of the superior court in each county may establish a probate fund consisting of monies received pursuant to sections 14-3722, 14-5314 and 14-5414.

B. Each month the clerk of the court shall transmit all monies collected pursuant to sections 14-3722, 14-5314 and 14-5414 to the county treasurer for deposit in the probate fund.

C. The presiding judge of the superior court shall administer or spend monies in the fund to preserve, audit and safeguard the estates and wards for whom the court has a fiduciary responsibility.

D. On notice from the superior court the county treasurer shall invest and divest monies in the probate fund, and monies earned from investment shall be credited to the fund.

E. Fund monies supplement and do not supplant local funding that otherwise is made available for probate services.
A.R.S. § 14-10202 — Arizona Code / Title 14 / Chapter 11 / Article 2 / Section 10202
14-10202 Jurisdiction over trustee and beneficiary
Status: in_force

14-10202. Jurisdiction over trustee and beneficiary

A. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, or until otherwise declared by the trustee if a proceeding regarding a matter involving the trust is not pending in a court of this state, by declaring that the trust is subject to the jurisdiction of the courts of this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.

B. With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust.  By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.

C. This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust.
A.R.S. § 14-3709 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3709
14-3709 Duty of personal representative; possession of estate; discovery of concealed assets
Status: in_force

14-3709. Duty of personal representative; possession of estate; discovery of concealed assets

A. Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of the property, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine its title.

B. If the personal representative or other person interested in the estate of a decedent complains to the court, on oath, that a person is suspected of having concealed, embezzled, conveyed or disposed of any property of a decedent, or possesses or has knowledge of deeds, bonds, contracts or other writings which contain evidence of or tend to disclose the right, interest or claim of a decedent to any property, or the will of a decedent, the court may cite that person to appear before the court and may examine that person on oath on the complaint. If that person is not in the county where letters have been issued, the person may be cited and examined before the court in the county where the person is found or the court issuing the citation. If the person appears and the court determines that the claim is unfounded, the court shall allow that person necessary expenses out of the estate.

C. If the person cited as provided by subsection B refuses to appear and submit to an examination, or to answer questions relevant to the complaint, the court may commit that person to jail until the person submits to the order of the court or is discharged according to law.

D. If on examination or from other evidence adduced at the hearing it appears that a person has concealed, embezzled, conveyed or disposed of any property of a decedent, or possesses or has knowledge of deeds, bonds, contracts or other writings tending to disclose the right, interest or claim of a decedent to any property, or the will of a decedent, the court may order that person to turn over the documents or disclose knowledge to the personal representative and may commit the person cited to jail until the order is complied with or the person is discharged according to law. The examination shall be reduced to writing and filed in court. The order for the disclosure made on this examination is prima facie evidence of the right of the personal representative to the property in an action brought for recovery of that property, and a judgment shall be for double the value of the property, or for return of the property and damages in addition to the property equal to the value of the property. The court may also award reasonable attorney fees and costs.
A.R.S. § 14-2402 — Arizona Code / Title 14 / Chapter 2 / Article 4 / Section 2402
14-2402 Homestead allowance
Status: in_force

14-2402. Homestead allowance

A. A decedent's surviving spouse is entitled to a homestead allowance of $18,000. If there is no surviving spouse each minor child and each dependent child of the decedent are entitled to a homestead allowance of $18,000 divided by the number of minor and dependent children of the decedent.

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

C. The homestead allowance is chargeable against any benefit or share that passes to the surviving spouse or minor or dependent child by the decedent's will, by nonprobate transfer pursuant to section 14-6101 or by intestate succession, unless it is otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer. To determine the homestead allowance under this section, a survivorship interest in a joint tenancy of real estate is considered a nonprobate transfer pursuant to section 14-6101.
A.R.S. § 14-10804 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10804
14-10804 Prudent administration
Status: in_force

14-10804. Prudent administration

A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust.  In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.
A.R.S. § 14-10402 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10402
14-10402 Requirements for creation
Status: in_force

14-10402. Requirements for creation

A. Except as provided in section 14-5409, a trust is created only if all of the following are true:

1. The settlor has capacity to create a trust.

2. The settlor indicates an intention to create the trust.

3. The trust has a definite beneficiary or is:

(a) A charitable trust.

(b) A trust for the care of an animal, as provided in section 14-10408.

(c) A trust for a noncharitable purpose, as provided in section 14-10409.

4. The trustee has duties to perform.

5. The same person is not the sole trustee and sole beneficiary.

B. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

C. A power in a trustee or other person to select a beneficiary from an indefinite class is valid.  If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
A.R.S. § 14-3812 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3812
14-3812 Execution and levies prohibited
Status: in_force

14-3812. Execution and levies prohibited

No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding.
A.R.S. § 14-5403 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5403
14-5403 Venue
Status: in_force

14-5403. Venue

Venue for proceedings under this article is:

1. In the county in this state where the person to be protected resides whether or not a guardian has been appointed in another place.

2. If the person to be protected does not reside in this state, in any county where he has property.
A.R.S. § 14-10108 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10108
14-10108 Principal place of administration
Status: in_force

14-10108. Principal place of administration

A. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if either:

1. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction.

2. All or part of the administration occurs in the designated jurisdiction.

B. A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the interests of the beneficiaries.

C. Without precluding the right of the court to order, approve or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection B of this section, may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States and, subject to the requirements of section 14-10818, may change the applicable law governing the trust.

D. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration at least sixty days before initiating the transfer.  Unless a corporate trustee indicates an intent to change the principal place of business in a notice to qualified beneficiaries, a transfer by the corporate trustee of some of the functions of a trust to another state or states is not a transfer of the trust's principal place of business if the corporate trustee maintains an office in this state.  The notice of proposed transfer must include:

1. The name of the jurisdiction to which the principal place of administration is to be transferred.

2. The address and telephone number of the new location at which the trustee can be contacted.

3. An explanation of the reasons for the proposed transfer.

4. The date on which the proposed transfer is anticipated to occur.

5. The date, at least sixty days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.

E. The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee in writing of a reasonably founded objection to the proposed transfer on or before the date specified in the notice.

F. In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 14-10704.
A.R.S. § 14-7652 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7652
14-7652 Scope and jurisdiction
Status: in_force

14-7652. Scope and jurisdiction

A. This article applies to a transfer that refers to this article in the designation made pursuant to section 14-7659 by which the transfer is made, if at the time of the transfer the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this article despite a subsequent change in the residence of a transferor, the minor or the custodian or the removal of custodial property from this state.

B. A person designated as custodian pursuant to this article is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

C. A transfer which purports to be made and is valid under the uniform transfers to minors act, the uniform gifts to minors act or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
A.R.S. § 14-2509 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2509
14-2509 Revoking a subsequent will; effect; reviving a revoked will; requirements
Status: in_force

14-2509. Revoking a subsequent will; effect; reviving a revoked will; requirements

A. If a testator revokes a subsequent will that wholly revoked a previous will under section 14-2507, subsection A, paragraph 2, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.

B. If a testator revokes a subsequent will that partly revoked a previous will under section 14-2507, subsection A, paragraph 2, the revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.

C. If a testator revokes a subsequent will that revoked a previous will in whole or in part by another later will, the previous will remains revoked in whole or in part, unless the testator revives it or its revoked part. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
A.R.S. § 14-10203 — Arizona Code / Title 14 / Chapter 11 / Article 2 / Section 10203
14-10203 Subject matter jurisdiction
Status: in_force

14-10203. Subject matter jurisdiction

A. The superior court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.

B. The superior court has concurrent jurisdiction with other courts of this state of other proceedings involving a trust.
A.R.S. § 14-13113 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13113
14-13113 Disclosure of other digital assets held in trust when trustee is not original user
Status: in_force

14-13113. Disclosure of other digital assets held in trust when trustee is not original user

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian all of the following:

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

2. A certified copy of the trust instrument or a certification of the trust under section 14-11013.

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

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

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

(b) Evidence linking the account to the trust.
A.R.S. § 14-3913 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3913
14-3913 Distributions to trustee
Status: in_force

14-3913. Distributions to trustee

A. Before distributing to a trustee, the personal representative may require that the trustee inform the beneficiaries as provided in section 14-10813, subsection B, paragraph 3, and if the state in which it is to be administered provides for registration, that the trust be registered.

B. If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and the personal representative may withhold distribution until the court has acted.

C.  An inference of negligence on the part of the personal representative shall not be drawn from the personal representative's failure to exercise the authority conferred by subsections A and B of this section.
A.R.S. § 14-5305 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5305
14-5305 Acceptance of appointment; consent to jurisdiction
Status: in_force

14-5305. Acceptance of appointment; consent to jurisdiction

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner.
A.R.S. § 14-11005 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11005
14-11005 Limitation of action against trustee
Status: in_force

14-11005. Limitation of action against trustee

A. A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.

B. A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.

C. If subsection A does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within two years after the first to occur of:

1. The removal, resignation or death of the trustee.

2. The termination of the beneficiary's interest in the trust.

3. The termination of the trust.
A.R.S. § 14-10415 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10415
14-10415 Reformation to correct mistakes
Status: in_force

14-10415. Reformation to correct mistakes

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
A.R.S. § 14-10105 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10105
14-10105 Default and mandatory rules
Status: in_force

14-10105. Default and mandatory rules

A. Except as otherwise provided in the terms of the trust, this chapter governs:

1. The duties, powers, exercise of powers, resignation and appointment of a trustee.

2. Conflicts of interest of a trustee.

3. Relations among trustees.

4. Combinations or divisions of trusts.

5. The rights and interests of a beneficiary.

B. The terms of a trust prevail over any provision of this chapter except:

1. The requirements for creating a trust.

2. The duty of a trustee to act in good faith and in accordance with the purposes of the trust.

3. The requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve.

4. The power of the court to modify or terminate a trust under sections 14-10410, 14-10411, 14-10412, 14-10413, 14-10414, 14-10415 and 14-10416.

5. The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 5 of this chapter.

6. The power of the court under section 14-10702 to require, dispense with, modify or terminate a bond.

7. The power of the court under section 14-10708, subsection B to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high.

8. The duty to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of a trust.

9. The effect of an exculpatory term under section 14-11008.

10. The rights under sections 14-11010, 14-11011, 14-11012 and 14-11013 of a person other than a trustee or beneficiary.

11. Periods of limitation for commencing a judicial proceeding.

12. The power of the court to take action consistent with the settlor's intent and exercise jurisdiction as may be necessary in the interests of justice.

13. The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in sections 14-10203 and 14-10204.

14. The notice provisions of section 14-10110, subsection B.

15. The enforceability of a penalty clause under section 14-10113.
A.R.S. § 14-7429 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7429
14-7429 Income taxes
Status: in_force

14-7429. Income taxes

A. A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

B. A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

C. A tax required to be paid by a trustee on the trust's share of an entity's taxable income must be paid:

1. From income to the extent that receipts from the entity are allocated to income.

2. From principal to the extent that receipts from the entity are allocated only to principal.

3. Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal.

4. From principal to the extent that the tax exceeds the total receipts from the entity.

D. After applying subsections A, B and C, the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary.
A.R.S. § 14-10503 — Arizona Code / Title 14 / Chapter 11 / Article 5 / Section 10503
14-10503 Exceptions to spendthrift provision; definition
Status: in_force

14-10503. Exceptions to spendthrift provision; definition

A. Even if a trust contains a spendthrift provision, a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance, or a judgment creditor who has provided services relating to the protection of a beneficiary's interest in the trust, may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary only for these matters.

B. The exception prescribed in subsection A is unenforceable against a special needs trust.

C. A spendthrift provision is unenforceable against a claim of this state or the United States only to the extent a statute of this state or federal law so provides.

D. For the purposes of this section, "child" includes any person for whom an order or judgment for child support has been validly entered in this or another state.
A.R.S. § 14-3911 — Arizona Code / Title 14 / Chapter 3 / Article 9 / Section 3911
14-3911 Partition for purpose of distribution
Status: in_force

14-3911. Partition for purpose of distribution

When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court before the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property either:

1. In the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property that cannot be partitioned without prejudice to the owners and that cannot conveniently be allotted to any one party.

2. Beginning on September 14, 2024, pursuant to title 12, chapter 27.
A.R.S. § 14-2104 — Arizona Code / Title 14 / Chapter 2 / Article 1 / Section 2104
14-2104 Heirs; surviving of decedent; time requirement; presumption; exception
Status: in_force

14-2104. Heirs; surviving of decedent; time requirement; presumption; exception

A. A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent's heirs are determined accordingly.

B. If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period.

C. This section does not apply if its application would result in a taking of intestate estate by the state under section 14-2105.
A.R.S. § 14-10705 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10705
14-10705 Resignation of trustee
Status: in_force

14-10705. Resignation of trustee

A. A trustee may resign either:

1. Unless the trust instrument provides otherwise, on at least thirty days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees.

2. With the approval of the court.

B. In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

C. Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.
A.R.S. § 14-10205 — Arizona Code / Title 14 / Chapter 11 / Article 2 / Section 10205
14-10205 Alternative dispute resolution
Status: in_force

14-10205. Alternative dispute resolution

A trust instrument may provide mandatory, exclusive and reasonable procedures to resolve issues between the trustee and interested persons or among interested persons with regard to the administration or distribution of the trust.
A.R.S. § 14-3303 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3303
14-3303 Informal probate; proof and findings required
Status: in_force

14-3303. Informal probate; proof and findings required

A. In an informal proceeding for original probate of a will, the registrar shall determine whether:

1. The application is complete.

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

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

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

5. An original, duly executed and apparently unrevoked will is in the registrar's possession.

6. Any notice required by section 14-3204 has been given and that the application is not within section 14-3304.

7. It appears from the application that the time limit for original probate has not expired.

B. The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection D of this section, if it appears that this or another will of the decedent has been the subject of a previous probate order.

C. A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under chapter 2, article 5 of this title have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.

D. Informal probate of a will which has been previously probated in another jurisdiction may be granted at any time upon written application by any interested person, together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated.

E. A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection A of this section may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
A.R.S. § 14-11015 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11015
14-11015 Express total return unitrusts; definition
Status: in_force

14-11015. Express total return unitrusts; definition

A. A unitrust amount may be determined by reference to the net fair market value of the trust's assets in one year or more than one year.

B. Distribution of a fixed percentage unitrust amount is considered a distribution of all of the income of the total return unitrust and is not a fundamental departure from applicable state law, regardless of whether the total return unitrust is created and governed pursuant to section 14-11014 or by the terms of the governing instrument.

C. An express total return unitrust may provide a mechanism for changing the unitrust percentage similar to the mechanism provided under section 14-11014 based on the factors prescribed in that section and may provide for a change from a unitrust to an income trust similar to the mechanism prescribed pursuant to section 14-11014.

D. If an express total return unitrust does not specifically or by reference to section 14-11014 grant a power to change the unitrust percentage or change to an income trust, the trustee shall have no such power.

E. A distribution of the fixed percentage of not less than three per cent nor more than five per cent reasonably apportions the total return of a total return unitrust.

F. An express total return unitrust that provides for a fixed percentage payout in excess of five per cent per year is considered to have paid out all of the income of the total return unitrust and to have paid out principal of the trust to the extent that the fixed percentage payout exceeds five per cent per year.

G. The trust document may grant discretion to the trustee to adopt a consistent practice of treating capital gains as part of the unitrust distribution, to the extent that the unitrust distribution exceeds the net accounting income, or it may specify the ordering of these classes of income.

H. Unless the terms of the trust specifically provide otherwise, a distribution of the unitrust amount is considered to have been made from the following sources in order of priority:

1. From net accounting income determined as if the trust were not a unitrust.

2. From ordinary income not allocable to net accounting income.

3. From net realized short-term capital gains.

4. From net realized long-term capital gains.

5. From the principal of the trust estate.

I. The trust document may provide that assets used by the trust beneficiary, such as a residence property or tangible personal property, may be excluded from the net fair market value for computing the unitrust amount. This use may be considered equivalent to the income or unitrust amount.

J. For the purposes of this section, "express total return unitrust" means a trust that by its governing instrument requires the distribution at least annually of a unitrust amount equal to a fixed percentage of not less than three nor more than five per cent per year of the net fair market value of the trust's assets, valued at least annually.
A.R.S. § 14-3715 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3715
14-3715 Transactions authorized for personal representatives; exceptions
Status: in_force

14-3715. Transactions authorized for personal representatives; exceptions

Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 14-3902, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

1. Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment.

2. Receive assets from fiduciaries or other sources.

3. Perform, compromise or refuse performance of the decedent's contracts that continue as obligations of the estate, as he may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may either:

(a) Execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land.

(b) Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.

4. Satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances.

5. If funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including monies received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements or other prudent investments which would be reasonable for use by trustees generally.

6. Acquire or dispose of an asset, including land in this or another state, for cash or on credit and at public or private sale and manage, develop, improve, exchange, partition, change the character of or abandon an estate asset.

7. Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing or erect new party walls or buildings.

8. Subdivide, develop or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations or dedicate easements to public use without consideration.

9. Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration.

10. Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

11. Abandon property when, in the opinion of the personal representative, it is valueless, is so encumbered, or is in condition that it is of no benefit to the estate.

12. Vote stocks or other securities in person or by general or limited proxy.

13. Pay calls, assessments and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims.

14. Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held.

15. Insure the assets of the estate against damage, loss and liability and himself against liability as to third persons.

16. Borrow money with or without security to be repaid from the estate assets or otherwise, and advance money for the protection of the estate.

17. Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien.

18. Pay taxes, assessments, compensation of the personal representative and other expenses incident to the administration of the estate.

19. Sell or exercise stock subscription or conversion rights, and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

20. Allocate items of income or expense to either estate income or principal, as permitted or provided by law.

21. Employ persons, including attorneys, auditors, investment advisors or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of his administrative duties, act without independent investigation upon their recommendations and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary.

22. Prosecute or defend claims, or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of his duties.

23. Sell, mortgage or lease any real or personal property of the estate or any interest therein for cash or credit or for part cash and part credit, and with or without security for unpaid balances.

24. Continue any unincorporated business or venture in which the decedent was engaged at the time of his death:

(a) In the same business form for a period of not more than four months from the date of appointment of a general personal representative if continuation is a reasonable means of preserving the value of the business including goodwill.

(b) In the same business form for any additional period of time that may be approved by order of the court in a formal proceeding with notice to interested persons.

(c) Throughout the period of administration if the business is incorporated by the personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate.

25. Incorporate, or create a limited liability company to hold, any business or venture in which the decedent was engaged at the time of his death.

26. Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate.

27. Satisfy and settle claims and distribute the estate as provided in this title.
A.R.S. § 14-10903 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10903
14-10903 Diversification
Status: in_force

14-10903. Diversification

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
A.R.S. § 14-7502 — Arizona Code / Title 14 / Chapter 7 / Article 5 / Section 7502
14-7502 Application of payments made to fiduciaries
Status: in_force

14-7502. Application of payments made to fiduciaries

A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary.