A.R.S. § 14-5105 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5105
14-5105 Bond of guardian
Status: in_force

14-5105. Bond of guardian

Guardians coming into the possession or control of funds or other property of persons under disability may be required by the court to furnish a bond in an amount and under the conditions set forth for conservators in section 14-5411 and 14-5412.
A.R.S. § 14-10017 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10017
14-10017 Relation to electronic signatures in global and national commerce act
Status: in_force

14-10017. Relation to electronic signatures in global and national commerce act

This chapter modifies, limits and supersedes the federal electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7006) but does not modify, limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 United States Code section 7003(b)).
A.R.S. § 14-2702 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2702
14-2702 Devisees; surviving of testator; requirement; exception
Status: in_force

14-2702. Devisees; surviving of testator; requirement; exception

A. For the purposes of this article, except as provided in subsection D of this section, a person who is not established by clear and convincing evidence to have survived an event, including the death of another person, by one hundred twenty hours is deemed to have predeceased the event.

B. Except as provided in subsection D of this section, for purposes of a provision of a governing instrument that relates to a person surviving an event, including the death of another person, a person who is not established by clear and convincing evidence to have survived the event by one hundred twenty hours is deemed to have predeceased the event.

C. Except as provided in subsection D of this section, if it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property passes as if one had survived by one hundred twenty hours and one-half as if the other had survived by one hundred twenty hours, and if there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by one hundred twenty hours, the property passes in the proportion that one bears to the whole number of co-owners. For the purposes of this subsection, "co-owners with right of survivorship" includes joint tenants, tenants by the entireties and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other or others.

D. The survival requirements of this section do not apply if:

1. The governing instrument contains language that deals explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case.

2. The governing instrument expressly indicates that a person is not required to survive an event, including the death of another person, by any specified period or expressly requires the person to survive the event by a specified period. However, survival of the event or the specified period must be established by clear and convincing evidence.

3. The imposition of a one hundred twenty hour requirement of survival would cause a nonvested property interest or a power of appointment to fail to qualify for validity, or to become invalid under section 14-2901, subsection A, B or C. However, survival must be established by clear and convincing evidence.

4. The application of a one hundred twenty hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition. However, survival must be established by clear and convincing evidence.

E. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who is not entitled to the payment or item of property or for having taken any other action in good faith reliance on the beneficiary's apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this section. A payor or other third party is liable for a payment made or any other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this section.

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

G. A person who purchases property for value and without notice or who receives any payment or other item of property in partial or full satisfaction of a legally enforceable obligation is neither obligated to return the payment, item of property or benefit nor is liable for the amount of the payment or the value of the item of property or benefit. However, a person who, not for value, receives a payment, an item of property or any other benefit to which the person is not entitled is obligated to return the payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who is entitled to it.
A.R.S. § 14-2512 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2512
14-2512 Disposition of property by reference to acts of independent significance
Status: in_force

14-2512. Disposition of property by reference to acts of independent significance

A will may dispose of property by reference to acts, such as the execution or revocation of another person's will, that have significance apart from their effect on the dispositions made by the will whether they occur before or after the execution of the will or before or after the testator's death.
A.R.S. § 14-3101 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3101
14-3101 Devolution of estate at death; administration on deaths of husband and wife
Status: in_force

14-3101. Devolution of estate at death; administration on deaths of husband and wife

A. The power of a person to leave property by will, and the rights of creditors, devisees and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlement of estates. Upon the death of a person, his separate property and his share of community property devolves to the persons to whom the property is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates. The devolution of separate property and decedent's share of community property is subject to rights to the allowance in lieu of homestead, exempt property and family allowance, to rights of creditors and to administration as provided in this title. In addition, the surviving spouse's share of the community property is subject to administration until the time for presentation of claims has expired, and thereafter only to the extent necessary to pay community claims.

B. If a husband and wife both die, and the administration of one of their estates is not completed prior to commencement of administration of the other, their estates may be combined in a single administration with the same personal representative, if feasible. A single application or petition may be made to obtain appointment of a personal representative and to determine testacy. If their estates devolve as if each spouse survived the other because of application of section 14-2702, and their estates are not combined, half of their community property is subject to administration in each estate and community claims will be charged ratably to each half of the community property.
A.R.S. § 14-5211 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5211
14-5211 Proceedings subsequent to appointment; venue
Status: in_force

14-5211. Proceedings subsequent to appointment; venue

A. The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.

B. If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interests of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.
A.R.S. § 14-11006 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11006
14-11006 Reliance on trust instrument
Status: in_force

14-11006. Reliance on trust instrument

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
A.R.S. § 14-5407 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5407
14-5407 Procedure concerning hearing and order on original petition
Status: in_force

14-5407. Procedure concerning hearing and order on original petition

A. On the filing of a petition for appointment of a conservator or any other protective order because of minority, the court shall set a hearing date on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it shall appoint an attorney to represent the minor. If the minor is at least fourteen years of age the court shall consider the choice of the minor.

B. On the filing of a petition for appointment of a conservator or any other protective order for reasons other than minority, or on the filing of a petition for continuation of a conservatorship or other protective order pursuant to section 14-5401, subsection B, the court shall set a hearing date. Unless the person to be protected has counsel of that person's own choice, the court shall appoint an attorney to represent that person. If the alleged disability is mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, or chronic intoxication, the court shall appoint an investigator to interview the person to be protected. On petition by an interested person or on the court's own motion, the court may direct that an appropriate medical or psychological evaluation of the person be conducted. The investigator and the person conducting the medical or psychological evaluation shall submit written reports to the court before the hearing date.

C. In any case where the United States department of veterans affairs is or may be an interested party, a certificate of an authorized official of the United States department of veterans affairs that the person allegedly in need of protection has been found incapable of handling the benefits payable, on examination in accordance with the laws and regulations governing the United States department of veterans affairs, is prima facie evidence of the necessity for appointment of a conservator.

D. The person allegedly in need of protection is entitled to be present at the hearing, to be represented by counsel, to present evidence and to cross-examine witnesses, including any court appointed examiner and investigator. The issue may be determined at a closed hearing if the person allegedly in need of protection or that person's counsel so requests.

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

F. After the hearing, and after making specific findings on the record that a basis for the appointment of a conservator or any other protective order has been established, the court shall make an appointment or other appropriate protective order.
A.R.S. § 14-7409 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7409
14-7409 Apportionment when income interest ends; definition
Status: in_force

14-7409. Apportionment when income interest ends; definition

A. When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five per cent of the trust immediately before the income interest ends.  In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.

B. When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate or other tax requirements.

C. For the purposes of this section, "undistributed income" means net income received before the date on which an income interest ends and does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.
A.R.S. § 14-3714 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3714
14-3714 Persons dealing with personal representative; protection
Status: in_force

14-3714. Persons dealing with personal representative; protection

A person who in good faith either assists or deals with another person acting as a personal representative, on the basis of a copy of letters certified by or under the direction of the court or an officer thereof within sixty days of the transaction, is protected as if the personal representative properly exercised his power and even though the authority of that person as personal representative has been terminated. The fact that a person knowingly deals with one who purports to act as a personal representative does not alone require the person to inquire into the existence of a power, the propriety of its exercise, or the current authority of the purported personal representative. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 14-3504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. If property is wrongfully transferred by a person acting as a personal representative to a person who is not in good faith, any person who subsequently purchases the property in good faith is protected as if the original transferee dealt in good faith.
A.R.S. § 14-6311 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6311
14-6311 Application of article
Status: in_force

14-6311. Application of article

This article applies to registrations of securities in beneficiary form made before or after December 31, 1994, by decedents dying on or after December 31, 1994.
A.R.S. § 14-10505 — Arizona Code / Title 14 / Chapter 11 / Article 5 / Section 10505
14-10505 Creditor's claim against settlor
Status: reserved

14-10505. Creditor's claim against settlor

A. Whether or not the terms of a trust contain a spendthrift provision, the following rules apply:

1. During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.  If a trust has more than one settlor or contributor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. This paragraph does not abrogate otherwise applicable laws relating to community property.

2. Subject to the requirements of this section, with respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit.  If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. This paragraph does not apply to any trust from which any distribution to the settlor can be made pursuant to the exercise of a power of appointment held by a third party or abrogate otherwise applicable laws relating to community property.  A creditor of a settlor:

(a) Shall not reach any trust property based on a trustee's, trust protector's or third party's power, whether or not discretionary, to pay or reimburse the settlor for any income tax on trust income or trust principal that is payable by the settlor under the law imposing the tax or to pay the tax directly to any taxing authority.

(b) Is not entitled to any payment or reimbursement that is to be made directly to any taxing authority.

(c) Shall not reach or compel distributions to or for the benefit of the beneficiary of a special needs trust.

3. After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains and statutory allowances to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses and allowances, except to the extent that state or federal law exempts any property of the trust from these claims, costs, expenses or allowances.  If a trust has more than one settlor or contributor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.  This paragraph does not abrogate otherwise applicable laws relating to community property.

B. For the purposes of this section:

1. During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power.

2. On the lapse, release or waiver of a power of withdrawal, the holder is not, by reason of any such power of withdrawal, treated as the settlor of the trust.

C. For the purposes of this section, a trust settled or established by a corporation, professional corporation, partnership, limited liability company, governmental entity, trust, foundation or other entity is not deemed to be settled or established by its directors, officers, shareholders, partners, members, managers, employees, beneficiaries or agents.

D. For the purposes of this section, amounts contributed to a trust by a corporation, professional corporation, partnership, limited liability company, governmental entity, trust, foundation or other entity are not deemed to have been contributed by its directors, officers, shareholders, partners, employees, beneficiaries or agents. Powers, duties or responsibilities granted to or reserved by the settlor pursuant to the trust and any actions or omissions taken pursuant to the trust are deemed to be the powers, responsibilities, duties, actions or omissions of the settlor and not those of its directors, officers, shareholders, partners, members, managers, employees, beneficiaries or agents.

E. For the purposes of this section, amounts and property contributed to the following trusts are not deemed to have been contributed by the settlor, and a person who would otherwise be treated as a settlor or a deemed settlor of the following trusts shall not be treated as a settlor:

1. An irrevocable inter vivos marital trust that is treated as qualified terminable interest property under section 2523(f) of the internal revenue code if the settlor is a beneficiary of the trust after the death of the settlor's spouse.

2. An irrevocable inter vivos marital trust that is treated as a general power of appointment trust under section 2523(e) of the internal revenue code if the settlor is a beneficiary of the trust after the death of the settlor's spouse.

3. An irrevocable inter vivos trust for the settlor's spouse if the settlor is a beneficiary of the trust after the death of the settlor's spouse.

4. An irrevocable trust for the benefit of a person, the settlor of which is the person's spouse, regardless of whether or when the person was the settlor of an irrevocable trust for the benefit of that spouse.

5. An irrevocable trust for the benefit of a person to the extent that the property of the trust was subject to a general power of appointment in another person.

F. For the purposes of subsection E, a person is a beneficiary whether so named under the initial trust instrument or through the exercise by that person's spouse or by another person of a limited or general power of appointment.

G. Subsections C and D do not apply to:

1. A trust that has no valid business purpose and that has as its principal purpose the evasion of the claims of the creditors of the persons or entities listed in those subsections.

2. A trust that would be treated as a grantor trust pursuant to sections 671 through 679 of the internal revenue code.  This paragraph does not apply to a qualified subchapter S trust that is treated as a grantor trust solely by application of section 1361(d) of the internal revenue code.
A.R.S. § 14-3410 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3410
14-3410 Formal testacy proceedings; probate of more than one instrument
Status: in_force

14-3410. Formal testacy proceedings; probate of more than one instrument

If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 14-3412.
A.R.S. § 14-5425 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5425
14-5425 Distributive duties and powers of conservator
Status: in_force

14-5425. Distributive duties and powers of conservator

A. A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care or benefit of the protected person and the person's dependents in accordance with the following principles:

1. The conservator shall consider recommendations relating to the appropriate standard of support, education and benefit for the protected person made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations actually furnishing support, education or care to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian is deriving personal financial benefit from this action, including relief from any personal duty of support, or unless the recommendations are clearly not in the best interests of the protected person.

2. The conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the protected person and the person's dependents with due regard to:

(a) The size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate.

(b) The accustomed standard of living of the protected person and the person's dependents.

(c) Other funds or sources used for the support of the protected person.

3. With respect to the affairs and estate of a minor, the conservator shall also consider the following factors in making estate distributions:

(a) The financial responsibility and financial resources of the parents of the child.

(b) Extraordinary custodial responsibilities undertaken by the parent or parents as the result of the child's physical or mental condition and the effect of these extraordinary responsibilities on appropriate gainful employment of the parent.

(c) The physical and mental condition of the child and the child's medical and educational needs. Any incidental benefit to other members of the child's household derived from a distribution is not a disqualifying factor.

(d) If the child has a permanent and total disability, the standard of living the child should reasonably expect to enjoy given the financial resources available to the child.

4. The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person's household, who are unable to support themselves and who are in need of support. If benefits are being paid by the United States department of veterans affairs to the conservator, such income may be expended only for the support of the protected person and the person's spouse and minor children, except on petition to and prior order of the court after a hearing.

5. Funds expended under this subsection may be paid by the conservator to any person, including the protected person, to reimburse for expenditures that the conservator might have made, or in advance for services to be rendered to the protected person when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary under the circumstances.

6. A conservator, in discharging the responsibilities conferred by a court order and this section, shall implement the principles described in section 14-5408 to the extent possible.

B. When a minor who has not been adjudged to have a disability under section 14-5401, subsection A, paragraph 2 attains majority, the conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible.

C. When the conservator is satisfied that a protected person's disability, other than minority, has ceased, the conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible.

D. If a protected person dies, the conservator may deliver to the court for safekeeping any will of the deceased protected person that may have come into the conservator's possession or deliver the will to the personal representative named in the will. If the will is delivered to the personal representative named in the will, a copy of the will shall be filed with the court in the conservatorship proceeding. If the will is filed with the court, the conservator shall inform the personal representative or a beneficiary named in the will that the conservator has done so, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled to the estate. If any of the following situations exist, the conservator may apply to exercise the powers and duties of a personal representative so that the conservator may proceed to administer and distribute the decedent's estate without additional or further appointment:

1. Forty days after the death of the protected person another person has not been appointed personal representative and an application or petition for appointment is not before the court.

2. Another person has not been appointed personal representative after the protected person's death, an application or petition for appointment is not before the court and the conservator is the person with priority as determined by a probated will, including a person who is nominated by a power conferred in a will.

3. Another person has not been appointed personal representative after the protected person's death, an application or petition for appointment is not before the court, after the exercise of reasonable diligence the conservator is unaware of any unrevoked testamentary instrument relating to property located in this state and all the heirs of the protected person have nominated the conservator to exercise the powers and duties of a personal representative.

E. The conservator may include in an application made pursuant to subsection D of this section a request to probate the will of the deceased protected person or to adjudicate that the protected person died intestate and to determine the protected person's heirs. On receipt of an application, the registrar, after making the findings required pursuant to section 14-3303, if applicable, shall issue a written statement of informal probate, or a statement of intestacy, and shall endorse the letters of the conservator. The registrar may also enter the will of the deceased protected person to probate.  The statement of the registrar under this section shall have the effect of an order of appointment of a personal representative as provided in section 14-3308 and chapter 3, articles 6 through 10 of this title, except that the estate in the name of the conservator, after administration, may be distributed to the decedent's successors without prior retransfer to the conservator as personal representative.  In exercising the powers and duties of a personal representative after the death of the protected person, the conservator is not required to account for the administration pursuant to section 14-5419 but is subject to the related duties of a personal representative for the administration.

F. If a protected person dies, and on reasonable inquiry the conservator is unable to locate any person specified in section 36-831, subsection A, paragraphs 1 through 11 willing to assume the duty of burying the body of the decedent or making other funeral and disposition arrangements, the conservator may make reasonable burial or other funeral arrangements, the cost of which is a charge against the estate.

G. The estate of a deceased protected person is liable for any unpaid expenses of the conservator's administration, and such expenses are a lien on property transferred by the conservator to the decedent's personal representative.
A.R.S. § 14-7651 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7651
14-7651 Definitions
Status: in_force

14-7651. Definitions

In this article, unless the context otherwise requires:

1. "Adult" means a person who is at least twenty-one years of age.

2. "Benefit plan" means an employer's plan for the benefit of an employee or partner.

3. "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.

4. "Conservator" means a person appointed or qualified by a court to act as a general, limited or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.

5. "Court" means the superior court.

6. "Custodial property" means an interest in property that is transferred to a custodian pursuant to this article and income from and proceeds of that interest in property.

7. "Custodian" means a person designated pursuant to section 14-7659 or a successor or substitute custodian designated pursuant to section 14-7668.

8. "Financial institution" means a bank, trust company, savings institution or credit union, which is chartered and supervised under state or federal law.

9. "Legal representative" means an individual's personal representative or conservator.

10. "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.

11. "Minor" means a person under the age of twenty-one years.

12. "Person" means an individual, corporation, organization or other legal entity.

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

14. "State" includes a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and a territory or possession subject to the legislative authority of the United States.

15. "Street name or nominee name" means registration used by a broker or financial institution for holding securities if they are not registered in the name of the beneficial owner.

16. "Transfer" means a transaction that creates custodial property pursuant to section 14-7659.

17. "Transferor" means a person who makes a transfer pursuant to this article.

18. "Trust company" means a financial institution, corporation or other legal entity, which is authorized to exercise general trust powers.
A.R.S. § 14-3716 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3716
14-3716 Powers and duties of successor personal representative
Status: in_force

14-3716. Powers and duties of successor personal representative

A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the personal representative named in the will.
A.R.S. § 14-12501 — Arizona Code / Title 14 / Chapter 12 / Article 5 / Section 12501
14-12501 Uniformity of application and construction
Status: in_force

14-12501. Uniformity of application and construction

In applying and construing this chapter, the courts shall consider the need to promote uniformity of the law with respect to its subject matter among the states that enact the uniform adult guardianship and protective proceedings jurisdiction act.
A.R.S. § 14-5312.01 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5312.01
14-5312.01 Inpatient treatment; rights and duties of ward and guardian
Status: in_force

14-5312.01. Inpatient treatment; rights and duties of ward and guardian

A. Except as provided in subsection B of this section, a guardian of an incapacitated person may consent to psychiatric and psychological care and treatment, including the administration of psychotropic medications, if the care and treatment take place outside an inpatient psychiatric facility licensed by the department of health services.

B. On clear and convincing evidence that the ward is an incapacitated person and is likely to be in need of inpatient mental health care and treatment within the period of the authority granted pursuant to this section, the court may authorize a guardian appointed pursuant to this title to give consent for the ward to receive inpatient mental health care and treatment, including placement in an inpatient psychiatric facility licensed by the department of health services and medical, psychiatric and psychological treatment associated with that placement. The evidence shall be supported by the opinion of a mental health expert who is either a physician licensed pursuant to title 32, chapter 13 or 17 and who is a specialist in psychiatry or a psychologist who is licensed pursuant to title 32, chapter 19.1.

C. In making its decision to grant authority to a guardian pursuant to subsection B of this section, the court shall consider the cause of the ward's disability and the ward's foreseeable clinical needs. The court shall limit the guardian's authority to what is reasonably necessary to obtain the care required for the ward in the least restrictive treatment alternative. The court may limit the duration of the guardian's authority to consent to inpatient mental health care and treatment and include other orders the court determines necessary to protect the ward's best interests.

D. Within forty-eight hours after placement of the ward pursuant to this section, the guardian shall give notice of this action to the ward's attorney.  When the attorney receives this notice the attorney shall assess the appropriateness of the placement pursuant to section 36-537, subsection B and section 36-546, subsection H. If requested by the attorney, the court shall hold a hearing on the appropriateness of the placement within three days after receiving that request.

E. The inpatient psychiatric facility shall assess the appropriateness of the ward's placement every thirty days and shall provide a copy of the assessment report to the ward's attorney on request. The ward's attorney may attend the ward's evaluation, staffing, treatment team and case management meetings.

F. When the ward is admitted to an inpatient psychiatric facility pursuant to this section, the guardian shall provide the facility with the name, address and telephone number of the ward's attorney. The facility shall include this information in the ward's treatment record.

G. Within twenty-four hours after the facility receives any writing in which the ward requests release from the facility, any change in placement or a change in the type or duration of treatment, the facility shall forward this information to the ward's attorney.

H. All health care providers, treatment facilities and regional behavioral health authorities shall allow the ward's attorney access to all of the ward's medical, psychiatric, psychological and other treatment records.

I. The ward's guardian shall place the ward in a least restrictive treatment alternative within five days after the guardian is notified by the medical director of the inpatient facility that the ward no longer needs inpatient care. The ward, a representative of the inpatient treatment facility, the ward's attorney, the ward's physician or any other interested person may petition the court to order the facility to discharge the ward to a least restrictive treatment alternative if the guardian does not act promptly to do so.

J. If the ward is in an inpatient psychiatric facility at the time of the initial hearing on the petition for appointment of a guardian, the court investigator and the ward's attorney shall advise the court of the appropriateness of the placement.

K. An attorney appointed pursuant to section 14-5303, subsection C remains the attorney of record until the attorney is discharged by the court. The court shall ensure that a ward whose guardian has been granted inpatient mental health treatment authority is represented by an attorney at all times the guardian has that authority. Unless the court finds that the ward has insufficient assets to meet the ward's reasonable and necessary care and living expenses, the ward shall pay the attorney's reasonable fees.

L. If deemed necessary to adequately assess a request for inpatient mental health treatment authority or to review the ward's placement in an inpatient psychiatric facility, the court may order an independent evaluation by either a physician who is licensed pursuant to title 32, chapter 13 or 17 and who is a specialist in psychiatry or a psychologist who is licensed pursuant to title 32, chapter 19.1. If the ward has insufficient funds to pay the total cost of this evaluation, the court may deem all or any part of the evaluator's fee to be a county expense after determining the reasonableness of that fee.

M. Instead of ordering an independent evaluation pursuant to subsection L of this section, the court may accept a report conducted on behalf of the inpatient psychiatric facility if the court finds that the report meets the requirements of an independent evaluation.

N. The court may decide that the ward's right to retain or obtain a driver license and any other civil right that may be suspended by operation of law is not affected by the appointment of a guardian.

O. If the court grants the guardian the authority to consent to inpatient mental health care and treatment pursuant to this section, the medical director of an inpatient psychiatric facility licensed by the department of health services may admit the ward at the guardian's request.

P. A guardian who is authorized by the court to consent to inpatient mental health care and treatment pursuant to this section shall file with the annual report of the guardian required pursuant to section 14-5315 an evaluation report by a physician or a psychologist who meets the requirements of subsection B of this section. The evaluation report shall indicate if the ward will likely need inpatient mental health care and treatment within the period of the authority granted pursuant to this section. If the guardian does not file the evaluation report or if the report indicates that the ward will not likely need inpatient mental health care and treatment, the guardian's authority to consent to this treatment ceases on the expiration of the period specified in the prior court order.  If the report supports the continuation of the guardian's authority to consent to inpatient treatment, the court may order that the guardian's authority to consent to this treatment continues. If the report supports the continuation of the guardian's authority to consent to this treatment, the ward's attorney shall review the report with the ward. The ward may contest the continuation of the guardian's authority by filing a request for a court hearing within ten business days after the report is filed. The court shall hold this hearing within thirty calendar days after it receives the request.  The guardian's authority continues pending the court's ruling on the issue.  At the hearing the guardian has the burden of proving by clear and convincing evidence that the ward is likely to be in need of inpatient mental health care and treatment within the period of the authority granted pursuant to this section.

Q. The court may discharge an attorney who was appointed pursuant to section 14-5303, subsection C subsequent to the appointment of a guardian if it clearly appears from specific facts presented by affidavit or verified petition that continued representation of the ward is no longer necessary or desirable.  The factual basis must include, at a minimum, consideration of the following:

1. The nature and history of the ward's illness.

2. The ward's history of hospitalization.

3. The ward's current and anticipated living arrangements.

4. Whether the ward's inpatient treatment is anticipated to be a one-time hospitalization for the purpose of stabilizing the ward's condition and further hospitalizations are not likely to be necessary.

5. Whether the ward's current and anticipated living arrangements are the least restrictive alternatives possible.
A.R.S. § 14-10908 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10908
14-10908 Life insurance on settlor; liability of trustee
Status: in_force

14-10908. Life insurance on settlor; liability of trustee

A trustee may acquire or retain a contract of life insurance on the life of the settlor or the settlor's spouse, or both, without liability for a loss arising from the trustee's failure to:

1. Determine whether the contract is or remains a proper investment.

2. Investigate the financial strength of the life insurance company.

3. Exercise nonforfeiture provisions available under the contract.

4. Diversify the contract.
A.R.S. § 14-9116 — Arizona Code / Title 14 / Chapter 9 / Article 1 / Section 9116
14-9116 Limitations of action against custodial trustee
Status: in_force

14-9116. Limitations of action against custodial trustee

A. Except as provided in subsection C, unless previously barred by adjudication, consent or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered or the legal representative of an incapacitated or deceased beneficiary or payee who either:

1. Has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement.

2. Has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.

B. Except as provided in subsection C, a claim for relief to recover from a custodial trustee for fraud, misrepresentation or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.

C. A claim for relief is not barred by this section if the claimant either:

1. Is a minor, until the earlier of two years after the claimant becomes an adult or dies.

2. Is an incapacitated adult, until the earliest of two years after:

(a) The appointment of a conservator.

(b) The removal of the incapacity.

(c) The death of the claimant.

3. Was an adult, now deceased, who was not incapacitated, until two years after the claimant's death.
A.R.S. § 14-1107 — Arizona Code / Title 14 / Chapter 1 / Article 1 / Section 1107
14-1107 Determination of death and status; rules
Status: in_force

14-1107. Determination of death and status; rules

In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:

1. A determination of death must be made in accordance with accepted medical standards.

2. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date and time of death and the identity of the decedent.

3. A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.

4. In the absence of prima facie evidence of death under paragraph 2 or 3, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.

5. A person whose death is not established under paragraphs 1 through 4, who is absent for a continuous period of five years, during which time that person has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. That person's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

6. In the absence of evidence disputing the time of death stated on a document described in paragraph 2 or 3, a document described in paragraph 2 or 3 that states a time of death one hundred twenty hours or more after the time of death of another person, however the time of death of the other person is determined, establishes by clear and convincing evidence that the person survived the other person by one hundred twenty hours.
A.R.S. § 14-10111 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10111
14-10111 Nonjudicial settlement agreements; definition
Status: in_force

14-10111. Nonjudicial settlement agreements; definition

A. Except as otherwise provided in subsection B of this section, and except for modification or termination of a trust as otherwise permitted pursuant to the trust instrument, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.

B. A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.

C. Matters that may be resolved by a nonjudicial settlement agreement include:

1. The interpretation or construction of the terms of the trust.

2. The approval of a trustee's report or accounting.

3. Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.

4. The resignation or appointment of a trustee and the determination of a trustee's compensation.

5. The transfer of a trust's principal place of administration.

6. The liability of a trustee for an action relating to the trust.

D. Before or after the parties enter into a nonjudicial settlement agreement, any interested person may request the court to approve a nonjudicial settlement agreement to determine whether the representation as provided in article 3 of this chapter was adequate and to determine whether the agreement contains terms and conditions the court could have properly approved.

E. Unless the interested person, pursuant to subsection D of this section, asks the court to rule without regard to this subsection, the court may either approve the agreement or decline to approve the agreement, but may not disapprove or deny the effectiveness of the agreement.  If the court does not approve the agreement pursuant to this subsection, the failure to approve is not any prejudice against the effectiveness of the agreement and is not a final judgment or judicial precedent with respect to the agreement or subsequent agreements pursuant to the section.

F. For the purposes of this section, "interested person" has the same meaning prescribed in section 14-1201.
A.R.S. § 14-7411 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7411
14-7411 Distribution from trust or estate
Status: in_force

14-7411. Distribution from trust or estate

A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest and shall allocate to principal an amount received as a distribution of principal from such a trust or estate.  If a trustee purchases an interest in a trust that is an investment entity or a decedent or donor transfers an interest in such a trust to a trustee, section 14-7410 or 14-7424 applies to a receipt from the trust.
A.R.S. § 14-6308 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6308
14-6308 Registering entity; obligations; protection
Status: in_force

14-6308. Registering entity; obligations; protection

A. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article.

B. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that it will implement the registration on the death of the deceased owner as provided in this article.

C. A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 14-6307 and does so in good faith reliance on the registration, on the requirements of this article and on information provided to it by affidavit of the personal representative of the deceased owner, the surviving beneficiary or the surviving beneficiary's representatives or by other information available to the registering entity.

D. The protections of this section do not extend to a reregistration or payment made after a registering entity receives written notice that a claimant to any interest in the security objects to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this section.

E. This section does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
A.R.S. § 14-10810 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10810
14-10810 Record keeping and identification of trust property
Status: in_force

14-10810. Record keeping and identification of trust property

A. A trustee shall keep adequate records of the administration of the trust.

B. A trustee shall keep trust property separate from the trustee's own property.

C. Except as otherwise provided in subsection D, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.

D. If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
A.R.S. § 14-10702 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10702
14-10702 Trustee's bond
Status: in_force

14-10702. Trustee's bond

A. A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.

B. The court may specify the amount of a bond, its liabilities and whether sureties are necessary.  The court may modify or terminate a bond at any time.

C. Notwithstanding the terms of the trust, the following are not required to give a bond:

1. A national banking association.

2. A holder of a banking permit under the laws of this state.

3. A savings and loan association authorized to conduct trust business in this state.

4. A title insurance company qualified to do business under the laws of this state.

5. A trust company holding a certificate to engage in trust business from the state superintendent of banks.

6. The public fiduciary.
A.R.S. § 14-3952 — Arizona Code / Title 14 / Chapter 3 / Article 11 / Section 3952
14-3952 Procedure for securing court approval of compromise
Status: in_force

14-3952. Procedure for securing court approval of compromise

The procedure for securing court approval of a compromise is as follows:

1. The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.

2. Any interested person, including the personal representative or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust and other fiduciaries and representatives.

3. After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise.  Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
A.R.S. § 14-2707 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2707
14-2707 Future interests; trusts; distribution date; passage of property; alternative future interest; definitions
Status: in_force

14-2707. Future interests; trusts; distribution date; passage of property; alternative future interest; definitions

A. A future interest under the terms of a trust is contingent on the beneficiary surviving the distribution date. If a beneficiary of a future interest under the terms of a trust fails to survive the distribution date, the following apply:

1. Except as provided in subsection C of this section, if the future interest is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary's surviving descendants. Surviving descendants take by representation the property to which the beneficiary would have been entitled if the beneficiary had survived the distribution date.

2. Except as provided in subsection C of this section, if the future interest is in the form of a class gift, other than a future interest to issue, descendants, heirs of the body, heirs, next of kin, relatives, or family or a class described by similar language, a substitute gift is created in the surviving descendants of any deceased beneficiary. The property to which the beneficiaries would have been entitled if all of them had survived the distribution date passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which that person would have been entitled if the deceased beneficiaries had survived the distribution date. Each deceased beneficiary's surviving descendants who are substituted for the deceased beneficiary take by representation the share to which the deceased beneficiary would have been entitled if the deceased beneficiary had survived the distribution date.

B. Words of survivorship attached to a future interest are, in the absence of clear and convincing evidence to the contrary, a sufficient indication of an intent contrary to the application of this section. Words of survivorship include words of survivorship that relate to the distribution date or to an earlier or an unspecified time, whether those words of survivorship are expressed in condition-precedent, condition-subsequent or any other form.

C. If a governing instrument creates an alternative future interest with respect to a future interest for which a substitute gift is created by subsection A of this section, the substitute gift is superseded by the alternative future interest, whether or not an expressly designated beneficiary of the alternative future interest is entitled to take in possession or enjoyment.

D. If after the application of this section there is no surviving taker, the property passes in the following order:

1. If the trust was created in a nonresiduary devise in the transferor's will or in a codicil to the transferor's will, the property passes under the residuary clause in the transferor's will. For purposes of this paragraph, the residuary clause is treated as creating a future interest under the terms of a trust.

2. If no taker is produced by the application of paragraph 1 of this subsection, the property passes to the transferor's heirs under section 14-2711.

E. A residuary clause in a will does not create an alternative future interest with respect to a future interest created in a nonresiduary devise in the will, whether or not the will specifically provides that lapsed or failed devises are to pass under the residuary clause.

F. For the purposes of this section:

1. "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of one or more events, including survival of an event or failure to survive an event, whether an event is expressed in condition-precedent, condition-subsequent or any other form.

2. "Beneficiary" means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift.

3. "Class member" includes a person who does not survive the distribution date but who would have taken under a future interest in the form of a class gift if that person had survived the distribution date.

4. "Deceased beneficiary" means a class member who failed to survive the distribution date and left one or more surviving descendants.

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

6. "Future interest" includes an alternative future interest and a future interest in the form of a class gift.

7. "Future interest under the terms of a trust" means a future interest that was created by a transfer creating a trust or to an existing trust or by an exercise of a power of appointment to an existing trust, directing the continuance of an existing trust, designating a beneficiary of an existing trust or creating a trust.

8. "Surviving beneficiary" or "surviving descendant" means a beneficiary or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under section 14-2702.
A.R.S. § 14-10401 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10401
14-10401 Methods of creating trust
Status: in_force

14-10401. Methods of creating trust

A trust may be created by:

1. Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect on the settlor's death.

2. Declaration by the owner of property that the owner holds identifiable property as trustee.

3. Exercise of a power of appointment in favor of a trustee.
A.R.S. § 14-6101 — Arizona Code / Title 14 / Chapter 6 / Article 1 / Section 6101
14-6101 Nonprobate transfers on death; nontestamentary nature
Status: in_force

14-6101. Nonprobate transfers on death; nontestamentary nature

A. A provision for a nonprobate transfer on death in any insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement or other written instrument of a similar nature is nontestamentary.

B. A written instrument is nontestamentary if it contains a provision that:

1. Money or other benefits due to, controlled by or owned by a decedent before death shall be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.

2. Money due or to become due under the written instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand.

3. Any property that is controlled by or owned by the decedent before death and that is the subject of the written instrument passes to a person the decedent designates either in the written instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later.

C. This section does not limit rights of creditors under other laws of this state.
A.R.S. § 14-10018 — Arizona Code / Title 14 / Chapter 10 / Article 1 / Section 10018
14-10018 Uniformity of application and construction
Status: in_force

14-10018. Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform disclaimer of property interests act and to the comments adopted by the national conference of commissioners on uniform state laws with respect to the uniform disclaimer of property interests act.
A.R.S. § 14-2602 — Arizona Code / Title 14 / Chapter 2 / Article 6 / Section 2602
14-2602 Passage of existing and after-acquired property by will
Status: in_force

14-2602. Passage of existing and after-acquired property by will

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
A.R.S. § 14-7416 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7416
14-7416 Insurance policies and similar contracts
Status: in_force

14-7416. Insurance policies and similar contracts

A. Except as otherwise provided in subsection B of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal.

B. A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income or, subject to section 14-7412, loss of profits from a business.

C. This section does not apply to a contract to which section 14-7418 applies.
A.R.S. § 14-7417 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7417
14-7417 Insubstantial allocations not required
Status: in_force

14-7417. Insubstantial allocations not required

If a trustee determines that an allocation between principal and income required by section 14-7418, 14-7419, 14-7420, 14-7421 or 14-7424 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in section 14-7403, subsection C applies to the allocation.  This power may be exercised by a cotrustee in the circumstances described in section 14-7403, subsection D and may be released for the reasons and in the manner described in section 14-7403, subsection E.  An allocation is presumed to be insubstantial if either:

1. The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than ten per cent.

2. The value of the asset producing the receipt for which the allocation would be made is less than ten per cent of the total value of the trust's assets at the beginning of the accounting period.
A.R.S. § 14-5301.02 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5301.02
14-5301.02 Appointment and status of guardian
Status: in_force

14-5301.02. Appointment and status of guardian

A person becomes a guardian of an incapacitated person by a parental or spousal appointment or on appointment by the court.  The guardianship continues until it is terminated, without regard to the location of the guardian or the ward.
A.R.S. § 14-3972 — Arizona Code / Title 14 / Chapter 3 / Article 12 / Section 3972
14-3972 Effect of affidavit
Status: in_force

14-3972. Effect of affidavit

A. The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.

B. The motor vehicle division issuing title pursuant to affidavit is discharged and released to the same extent as if it dealt with a personal representative of the decedent. It is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.

C. A purchaser of real property from or lender to the person or persons designated as successor or successors in a certified copy of an affidavit issued under section 14-3971 and recorded in the county in which the real property is located is entitled to the same protection as a person purchasing from or lending to a distributee who has received a deed of distribution from a personal representative, as provided in section 14-3910.
A.R.S. § 14-10807 — Arizona Code / Title 14 / Chapter 11 / Article 8 / Section 10807
14-10807 Delegation by trustee
Status: in_force

14-10807. Delegation by trustee

A. A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances.  The trustee shall exercise reasonable care, skill and caution in:

1. Selecting an agent.

2. Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust.

3. Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.

B. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

C. A trustee who complies with subsection A is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.

D. By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
A.R.S. § 14-10109 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10109
14-10109 Methods and waiver of notice
Status: in_force

14-10109. Methods and waiver of notice

A. Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document.  Permissible methods of notice or for sending a document include first class mail, personal delivery, delivery to the person's last known place of residence or place of business or a properly directed electronic message.

B. Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.

C. Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.

D. Notice of a judicial proceeding must be given pursuant to section 14-1401.
A.R.S. § 14-1303 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1303
14-1303 Venue; multiple proceedings; transfer
Status: in_force

14-1303. Venue; multiple proceedings; transfer

A. Where a proceeding under this title could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.

B. If proceedings concerning the same estate, protected person, ward or trust are commenced in more than one county of this state, the court in the county in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided; and if the ruling court determines that venue is properly in another county, it shall transfer the proceeding to the other county.

C. If a court finds that in the interest of justice a proceeding or a file should be located in another county of this state, the court making the finding may transfer the proceeding or file to the other county.
A.R.S. § 14-4202 — Arizona Code / Title 14 / Chapter 4 / Article 2 / Section 4202
14-4202 Payment or delivery discharges
Status: in_force

14-4202. Payment or delivery discharges

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
A.R.S. § 14-3721 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3721
14-3721 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate
Status: in_force

14-3721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate

After notice to all interested persons, on petition of an interested person, including any person employed by the personal representative, or on appropriate motion if administration is supervised, the court may review the propriety of employment of any person by the personal representative, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for his own services. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refund.
A.R.S. § 14-2708 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2708
14-2708 Class gifts to descendants, issue or heirs of the body; form of distribution if none specified
Status: in_force

14-2708. Class gifts to descendants, issue or heirs of the body; form of distribution if none specified

If a class gift in favor of descendants, issue or heirs of the body does not specify the manner in which the property is to be distributed among the family members who comprise that class, the property that comprises the class gift is distributed among the class members who are living when the interest is to take effect in possession or enjoyment. These class members receive shares they would receive under the applicable law of intestate succession if the designated ancestor had died intestate owning the subject matter of the class gift.
A.R.S. § 14-11003 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11003
14-11003 Damages in absence of breach
Status: in_force

14-11003. Damages in absence of breach

A. Except as provided in section 14-7404, a trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.  For the purposes of this subsection, profit does not include:

1. Reasonable compensation to which the trustee is entitled pursuant to section 14-10708.

2. Compensation or fees permitted pursuant to section 14-10802.

3. Reasonable fees or compensation for services rendered that the trustee or an affiliate customarily provides in the normal course of business and that are typical in the geographic area where the trust is administered.

4. Reasonable remuneration for services permitted pursuant to section 6-246.

B. Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
A.R.S. § 14-3411 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3411
14-3411 Formal testacy proceedings; partial intestacy
Status: in_force

14-3411. Formal testacy proceedings; partial intestacy

If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
A.R.S. § 14-6224 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6224
14-6224 Agency accounts; payment to designated agent
Status: in_force

14-6224. Agency accounts; payment to designated agent

A financial institution on request of an agent under an agency designation for an account may pay to the agent sums on deposit in the account, whether or not a party is a party with disabilities, incapacitated or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.
A.R.S. § 14-10103 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10103
14-10103 Definitions
Status: in_force

14-10103. Definitions

In this chapter, unless the context otherwise requires:

1. "Action", with respect to an act of a trustee, includes a failure to act.

2. "Beneficiary" means a person who either:

(a) Has a present or future beneficial interest in a trust, vested or contingent.

(b) In a capacity other than that of a trustee, holds a power of appointment over trust property.

3. "Charitable trust" means a trust, or portion of a trust, created for a charitable purpose described in section 14-10405, subsection A.

4. "Conservator" means a person appointed by the court to administer the estate of a minor or an adult.

5. "Distributee" means a person who receives property from a trust other than as a creditor or purchaser.

6. "Environmental law" means a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.

7. "Guardian" means a person appointed by the court to make decisions regarding the support, care, education, health and welfare of a minor or an adult.  Guardian does not include a guardian ad litem.

8. "Interests of the beneficiaries" means the beneficial interests provided in the terms of the trust.

9. "Internal revenue code" has the same meaning prescribed in section 43-105.

10. "Jurisdiction", with respect to a geographic area, includes a state or country.

11. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

12. "Power of withdrawal" means a presently exercisable general power of appointment other than a power exercisable either:

(a) By a trustee and limited by an ascertainable standard.

(b) By a person other than in a fiduciary capacity and only on the consent of the trustee or a person holding an adverse interest.

13. "Property" means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest in anything that may be the subject of ownership.

14. "Qualified beneficiary" means a beneficiary who, on the date the beneficiary's qualification is determined:

(a) Is a distributee or permissible distributee of trust income or principal.

(b) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subdivision (a) of this paragraph terminated on that date.

(c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

15. "Revocable", as applied to a trust or a portion of a trust, means revocable by a settlor without the consent of any person, including the trustee or a person who holds an interest that is either adverse or not adverse.

16. "Settlor" means a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.

17. "Special needs trust" means a trust established for the benefit of one or more persons with disabilities if one of the purposes of the trust, expressed in the trust instrument or implied from the trust instrument, is to allow the person with a disability to qualify or continue to qualify for public, charitable or private benefits that might otherwise be available to the person with a disability. The existence of one or more remainder beneficiaries without a disability of the trust shall not disqualify it as a special needs trust for the purposes of this paragraph.  For the purposes of this paragraph, "person with a disability" means an individual who has a disability pursuant to 42 United States Code section 1382c.

18. "Spendthrift provision" means a term of a trust that restrains either voluntary or involuntary transfer of a beneficiary's interest.

19. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.  State includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.

20. "Terms of a trust" means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.

21. "Trust instrument" means an instrument executed by the settlor that contains terms of the trust, including any amendments to that trust.

22. "Trustee" includes an original, additional and successor trustee and a cotrustee.
A.R.S. § 14-6212 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6212
14-6212 Death of a party; rights of survivors
Status: in_force

14-6212. Death of a party; rights of survivors

A. Except as otherwise provided in this section, on the death of a party, sums on deposit in a multiple party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under section 14-6211 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under section 14-6211 belongs to the surviving parties in equal shares and augments the proportion to which each survivor, immediately before the decedent's death, was beneficially entitled under section 14-6211. The right of survivorship continues between the surviving parties.

B. In an account with a pay on death designation:

1. On the death of one of two or more parties, the rights in sums on deposit are governed by subsection A of this section.

2. On the death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares. Thereafter there is no right of survivorship in the event of death of a beneficiary. If no beneficiary survives sums on deposit belong to the estate of the last surviving party.

C. Sums on deposit in a single party account without a pay on death designation or in a multiple party account that, by the terms of the account, is without right of survivorship, are not affected by the death of a party. However, the amount to which the decedent, immediately before death, was beneficially entitled under section 14-6211 is transferred as part of the decedent's estate. A pay on death designation in a multiple party account without right of survivorship is ineffective. For purposes of this subsection, designation of an account as a tenancy in common establishes that the account is without right of survivorship.

D. The ownership right of a surviving party or beneficiary or of the decedent's estate in sums on deposit is subject to requests for payment made by a party before the party's death, whether paid by the financial institution before or after death or unpaid. The surviving party or beneficiary or the decedent's estate is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section to the extent necessary to discharge the request for payment.
A.R.S. § 14-10112 — Arizona Code / Title 14 / Chapter 11 / Article 1 / Section 10112
14-10112 Rules of construction
Status: in_force

14-10112. Rules of construction

The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
A.R.S. § 14-5106 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5106
14-5106 Disclosure requirements for proposed guardians and conservators; restrictions by local rules
Status: in_force

14-5106. Disclosure requirements for proposed guardians and conservators; restrictions by local rules

A. Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B, shall provide to the court, under oath, the following information:

1. Whether or not the proposed appointee has been convicted of a felony in any jurisdiction and, if so, the nature of the offense, the name and address of the sentencing court, the case number, the date of conviction, the terms of the sentence, the name and telephone number of any current probation or parole officer and the reasons why the conviction should not disqualify the proposed appointee.

2. Whether or not the proposed appointee has acted as guardian or conservator for another person within three years of the petition and, if so, the number of individuals for whom the proposed appointee is currently serving and the number of individuals for whom the proposed appointee's appointment has been terminated within the three-year period.

3. Whether or not the proposed appointee has a working knowledge of the powers and duties imposed on a guardian or a conservator.

4. Whether or not the proposed appointee has acted within three years of the petition in a fiduciary capacity pursuant to a power of attorney and, if so, the number of persons for whom the appointee has so acted. If the proposed appointee has ever acted in such capacity for the proposed ward or protected person, the proposed appointee shall specify the date of execution of such power of attorney, the place where the power of attorney was executed, the actions taken by the proposed appointee pursuant to such power of attorney and whether or not such power of attorney is currently in effect.

5. Whether or not, to the best of the proposed appointee's knowledge, the proposed appointee or any enterprise in which the proposed appointee has an interest is listed in the registry pursuant to section 46-457.

6. Whether or not, within three years of the petition, the proposed appointee has failed to file any report of guardian or conservatorship accounting for three months following receipt of notice of delinquency.

7. Whether or not the proposed appointee has ever been removed as a guardian or conservator and, if so, for whom and under what circumstances.

8. The nature of the proposed appointee's relationship to the proposed ward or protected person, and how the proposed appointee met the proposed ward or protected person.

9. Whether or not the proposed appointee or any enterprise in which the proposed appointee has an interest ever received anything of value, exceeding a total of one hundred dollars in any one year, by gift, devise or bequest from an individual or the estate of an individual to whom the proposed appointee was not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent, and, if so, the number of such occasions.

10. Whether or not, to the best of the proposed appointee's knowledge, the proposed appointee or any enterprise in which the proposed appointee has an interest is named as a personal representative, trustee, devisee or other type of beneficiary of any individual to whom the proposed appointee is not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent and, if so, the number of such occasions.

11. Whether or not the proposed appointee has an interest in any enterprise providing housing, health care or comfort care services to any individual, and, if so, the name and address of each such enterprise and the extent of each such interest.

B. The appointing court may impose restrictions or conditions on the appointment of a guardian or conservator, or of a category of guardian or conservator, that it finds necessary to provide for the appropriate care and supervision of its wards or protected persons.

C. The court may, in its discretion, require proposed appointees to disclose to the court, the investigator and the court-appointed attorney further details concerning the information referred to in subsection A of this section, including, but not limited to, with respect to other occasions in which the proposed appointee has acted as a guardian or conservator, the following information:

1. The identities of the persons for whom the appointee has served as a guardian or conservator.

2. The identity of the court making each appointment and the court case number.

3. The dates of service.

D. The court may, in its discretion, upon a showing of good cause place limitations upon access by the public to any or all of the information disclosed pursuant to this section.
A.R.S. § 14-2501 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2501
14-2501 Who may make a will
Status: in_force

14-2501. Who may make a will

A person who is eighteen years of age or older and who is of sound mind may make a will.
A.R.S. § 14-5304 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5304
14-5304 Findings; limitations; filing; fingerprinting
Status: in_force

14-5304. Findings; limitations; filing; fingerprinting

A. In exercising its appointment authority pursuant to this chapter, the court shall encourage the development of maximum self-reliance and independence of the incapacitated person.

B. The court may appoint a general or limited guardian as requested if the court finds by clear and convincing evidence that:

1. The person for whom a guardian is sought is incapacitated.

2. The appointment is necessary to provide for the demonstrated needs of the incapacitated person.

3. The person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance.

C. In conformity with the evidence regarding the extent of the ward's incapacity, the court may appoint a limited guardian and specify time limits on the guardianship and limitations on the guardian's powers.

D. The guardian shall file an acceptance of appointment with the appointing court.

E. The court may require each person who seeks appointment as a guardian to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. The court shall submit the person's completed fingerprint card to the department of public safety.  The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to a fiduciary who is licensed pursuant to section 14-5651 or an employee of a financial institution.

F. The court shall make a specific finding as to whether the appointment of a guardian is due solely to the ward's physical incapacity.

G. Unless the court makes a specific finding that the appointment of a guardian is due solely to the ward's physical incapacity under subsection F of this section, at the time of appointing a guardian, the court shall transmit the ward's name, sex and date of birth, the last four digits of the ward's social security number, if available, the court case number, the court originating agency identification number and the date of the guardian's appointment to the supreme court. The supreme court shall transmit the information to the department of public safety. The department of public safety shall transmit the information to the national instant criminal background check system.

H. If a petition for guardianship is withdrawn before an adjudication of incapacity or is denied based on a finding that the allegation of incapacity is unproven or if a petition for guardianship was filed frivolously or without merit, the court may order public access to the file, the records contained in the file, or information about the file be prohibited absent a subsequent court order allowing such access after a showing of good cause.
A.R.S. § 14-3107 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3107
14-3107 Scope of proceedings; proceedings independent; exception
Status: in_force

14-3107. Scope of proceedings; proceedings independent; exception

Unless supervised administration as described in article 5 is involved:

1. Each proceeding before the court or registrar is independent of any other proceeding involving the same estate.

2. Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.

3. Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives.

4. A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
A.R.S. § 14-2803 — Arizona Code / Title 14 / Chapter 2 / Article 8 / Section 2803
14-2803 Murder of decedent; effect; federal law; definitions
Status: in_force

14-2803. Murder of decedent; effect; federal law; definitions

A. A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed that person's intestate share.

B. The felonious and intentional killing of the decedent:

1. Revokes any revocable:

(a) Disposition or appointment of property made by the decedent to the killer in a governing instrument.

(b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the killer.

(c) Nomination of the killer in a governing instrument, nominating or appointing the killer to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee or agent.

2. Severs the interests of the decedent and killer in property held by them at the time of the killing as joint tenants with the right of survivorship or as community property with the right of survivorship, transforming the interests of the decedent and killer into tenancies in common.

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

D. Provisions of a governing instrument are given effect as if the killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer predeceased the decedent.

E. A wrongful acquisition of property or interest by a killer not covered by this section shall be treated in accordance with the principle that a killer cannot profit from that person's wrong.

F. After all right to appeal has been exhausted, a judgment of conviction establishing criminal accountability for the felonious and intentional killing of the decedent conclusively establishes the convicted person as the decedent's killer for purposes of this section. In the absence of a conviction, the court, on the petition of an interested person, shall determine whether, under the preponderance of evidence standard, the person would be found criminally accountable for the felonious and intentional killing of the decedent. If the court determines under that standard that the person would be found criminally accountable for the felonious and intentional killing of the decedent, the determination conclusively establishes that person as the decedent's killer for purposes of this section.

G. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by an intentional and felonious killing or for having taken any other action in good faith reliance on the validity of the governing instrument on request and satisfactory proof of the decedent's death and before the payor or other third party received written notice of a claimed forfeiture or revocation under this section. Any payor or other third party is liable for a payment made or any other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section.

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

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

J. If this section or any part of this section is preempted by federal law with respect to a payment, an item of property or any other benefit covered by this section, a person who, not for value, receives the payment, item of property or any other benefit to which the person is not entitled under this section is obligated to return it to the person who would have been entitled to it if this section or part of this section were not preempted or is personally liable for the amount of the payment or the value of the item of property or benefit.

K. The decedent's estate may petition the court to establish a constructive trust on the property or the estate of the killer, effective from the time of the killer's act that caused the death, in order to secure the payment of all damages and judgments from conduct that, pursuant to subsection F of this section, resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

L. For the purposes of this section:

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

2. "Felonious and intentional" means a conviction or a finding of guilty except insane for a homicide pursuant to section 13-1103, 13-1104 or 13-1105.

3. "Governing instrument" means a governing instrument executed by the decedent.

4. "Revocable", with respect to a disposition, appointment, provision or nomination, means one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer, whether or not the decedent was then empowered to designate the decedent in place of the decedent's killer or the decedent then had capacity to exercise the power.
A.R.S. § 14-5424 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5424
14-5424 Powers of conservator in administration
Status: in_force

14-5424. Powers of conservator in administration

A. Subject to the limitations provided in section 14-5425, a conservator has all the powers conferred herein and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian of a minor described in section 14-5209 until the minor attains the age of majority or marries, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided by article 2 of this chapter.

B. A conservator, without court authorization or confirmation, may invest and reinvest funds of the estate as would a trustee.

C. A conservator, acting reasonably in efforts to accomplish the purpose of the appointment, may act without court authorization or confirmation to:

1. Collect, hold and retain assets of the estate including land in another state, until, in the conservator's judgment, disposition of the assets should be made. Assets may be retained even though they include an asset in which the conservator is personally interested.

2. Receive additions to the estate.

3. Continue or participate in the operation of any business or other enterprise.

4. Acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided interest.

5. Invest and reinvest estate assets in accordance with subsection B of this section.

6. Deposit estate funds in a state or federally insured financial institution including one operated by the conservator.

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

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

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

10. Enter for any purpose into a lease as lessor or lessee with or without an option to purchase or renew for a term within or extending beyond the term of the conservatorship.

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

12. Grant an option involving disposition of an estate asset, or take an option for the acquisition of any asset.

13. Vote a security, in person or by general or limited proxy.

14. Pay calls, assessments and any other sums chargeable or accruing against or on account of securities.

15. 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.

16. Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the stock so held.

17. Insure the assets of the estate against damage or loss, and the conservator against liability with respect to third persons.

18. Borrow money to be repaid from estate assets or otherwise, advance money for the protection of the estate or the protected person, and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets, and the conservator has a lien on the estate as against the protected person for advances so made.

19. Pay or contest any claim, settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise and release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible except that personal injury or wrongful death claims shall be compromised pursuant to subsection D of this section.

20. Pay taxes, assessments, compensation of the conservator and other expenses incurred in the collection, care, administration and protection of the estate.

21. Allocate items of income or expense to either estate income or principal, as provided by law, including creation of reserves out of income for depreciation, obsolescence or amortization, or for depletion in mineral or timber properties.

22. Pay any sum distributable to a protected person or dependent of the protected person, without liability to the conservator, by paying the sum to the distributee or by paying the sum for the use of the distributee either to the guardian of the distributee or, if none, to a relative or other person having custody of the person.

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

24. Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of fiduciary duties.

25. Execute and deliver all instruments which will accomplish or facilitate the exercise of the powers vested in the conservator.

D. A conservator may act with court approval to compromise a personal injury or wrongful death claim for a protected person. The conservator may act with court approval to release an alleged tortfeasor if the release is in the best interest of the protected person. If the conservator obtains an order of approval for compromise from a court of competent jurisdiction, the compromise may be in exchange for a lump sum amount or an arrangement that defers the receipt of part or all of the consideration for the compromise until after the protected person reaches majority and may involve a structured settlement or the creation of a trust on the terms that the court approves for any protected person.
A.R.S. § 14-5506 — Arizona Code / Title 14 / Chapter 5 / Article 5 / Section 5506
14-5506 Powers of attorney; intimidation; deception; definitions
Status: in_force

14-5506. Powers of attorney; intimidation; deception; definitions

A. If the agent acted with intimidation or deception in procuring the power of attorney or any authority provided in the power of attorney, the agent is subject to prosecution under title 13 and civil penalties pursuant to section 46-456.

B. A power of attorney executed by an adult who does not have capacity is invalid. In a criminal proceeding, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding, if the party challenging the validity of a power of attorney on the grounds of lack of capacity proves by a preponderance of the evidence that, at the time the power of attorney was executed, the principal was a vulnerable adult, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding, if the party challenging the validity of a power of attorney on the basis of lack of capacity does not prove by a preponderance of the evidence that, at the time the power of attorney was executed, the principal was a vulnerable adult, the agent has the burden of proving by a preponderance of the evidence that the principal had capacity.

C. A person who in good faith either assists or deals with an agent is protected as if the agent properly exercised the agent's power regardless of whether the authority of that person as the agent has been terminated.

D. For the purposes of this section:

1. "Capacity" means that at the time the power of attorney was executed the principal was capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney.

2. "Intimidation" includes threatening to deprive a vulnerable adult of food, nutrition, shelter or necessary medication or medical treatment.

3. "Vulnerable adult" has the same meaning prescribed in section 46-451.
A.R.S. § 14-12401 — Arizona Code / Title 14 / Chapter 12 / Article 4 / Section 12401
14-12401 Registration of guardianship orders
Status: in_force

14-12401. Registration of guardianship orders

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
A.R.S. § 14-5207 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5207
14-5207 Formal appointment of guardian of minor; procedure
Status: in_force

14-5207. Formal appointment of guardian of minor; procedure

A. Any person who is interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set a hearing date. The petitioner shall give notice of the time and place of the hearing in the manner prescribed by section 14-1401 to:

1. A minor who is at least fourteen years of age.

2. The person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition.

3. Any living parent of the minor unless both of the following apply:

(a) After a due diligence search, a living parent cannot be located and served.

(b) The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8.

B. The notice prescribed by subsection A of this section shall include both:

1. A statement of the right to object to the proposed guardianship appointment.

2. A description of the nature, purpose and consequences of the powers and duties assumed by a guardian.

C. If the petitioner has not served notice on any living parent of the minor, the court shall make a determination whether the petitioner has exercised due diligence to locate a living parent of the minor.

D. On hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 14-5204 have been met and the welfare and best interests of the minor will be served by the requested appointment, the court shall make the appointment and issue letters on the acceptance of the proposed guardian. In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor.

E. If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. The court may extend the authority of a temporary guardian if the court determines a longer temporary guardianship appointment is in the best interests of the minor.

F. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, the court may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is at least fourteen years of age.
A.R.S. § 14-5104 — Arizona Code / Title 14 / Chapter 5 / Article 1 / Section 5104
14-5104 Delegation of powers by parent or guardian
Status: in_force

14-5104. Delegation of powers by parent or guardian

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage or adoption of the minor.
A.R.S. § 14-3402 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3402
14-3402 Formal testacy or appointment proceedings; petition; contents
Status: in_force

14-3402. Formal testacy or appointment proceedings; petition; contents

A. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will must:

1. Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;

2. Contain the statements required for informal applications as stated in paragraph 1 of subsection B of section 14-3301 and the statements required by subdivisions (b) and (c), paragraph 2 of subsection B of section 14-3301; and

3. State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will or a certified copy of a will probated in another jurisdiction neither is in the possession of the court nor accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed or otherwise unavailable.

B. A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by paragraphs 1 and 4 of subsection B of section 14-3301 and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by subdivision (b), paragraph 4 of subsection B of section 14-3301 may be omitted.
A.R.S. § 14-1401.01 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1401.01
14-1401.01 Notice to attorney general
Status: in_force

14-1401.01. Notice to attorney general

Whenever it appears by suggestion of any interested person or the court that no taker of the estate exists, either at the commencement of or during proceedings under this title, notification of such proceedings shall be given to the attorney general.
A.R.S. § 14-11014 — Arizona Code / Title 14 / Chapter 11 / Article 10 / Section 11014
14-11014 Total return trusts; definitions
Status: in_force

14-11014. Total return trusts; definitions

A. A trustee, other than an interested trustee, or if two or more persons are acting as trustee, a majority of the trustees who are not an interested trustee, in its sole discretion and without the approval of the court may:

1. Convert an income trust to a total return unitrust.

2. Reconvert a total return unitrust to an income trust.

3. Change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust, or both, if:

(a) The trustee adopts a written policy for the trust providing either:

(i) In the case of a trust being administered as an income trust, future distributions from the trust will be unitrust amounts rather than net income.

(ii) In the case of a trust being administered as a total return unitrust, future distributions from the trust will be net income rather than unitrust amounts.

(iii) That the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust, or both, will be changed as stated in the policy.

(b) The trustee sends written notice of its intention to take this action, along with copies of the written policy and this section, to:

(i) The settlor of the trust, if living.

(ii) All qualified beneficiaries of the trust.

(iii) All persons acting as adviser or trust protector of the trust.

(c) At least one person receiving notice under subdivision (b), item (ii) or (iii) of this subsection is legally competent.

(d) No person receiving notice objects to the proposed action of the trustee by submitting a written instrument delivered to the trustee within thirty days after receipt of the notice.

B. If there is no trustee of the trust other than an interested trustee, the interested trustee or, if two or more persons are acting as trustee and are interested trustees, a majority of interested trustees, in its sole discretion and without the approval of the probate court may:

1. Convert an income trust to a total return unitrust.

2. Reconvert a total return unitrust to an income trust.

3. Change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust, or both, if:

(a) The trustee adopts a written policy for the trust providing either:

(i) In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income.

(ii) In the case of a trust being administered as a total return unitrust, that future distributions from the trust will be net income rather than unitrust amounts.

(iii) That the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust, or both, will be changed as stated in the policy.

(b) The trustee appoints a disinterested person who, in its sole discretion but acting in a fiduciary capacity, determines for the trustee:

(i) The percentage to be used to calculate the unitrust amount.

(ii) The method to be used in determining the fair market value of the trust.

(iii) Which assets, if any, are to be excluded in determining the unitrust amount.

(c) The trustee sends written notice of its intention to take such action, along with copies of the written policy and this section, and the determinations of the disinterested person to:

(i) The settlor of the trust, if living.

(ii) All qualified beneficiaries of the trust.

(iii) All persons acting as adviser or protector of the trust.

(d) At least one person receiving notice under subdivision (c), item (ii) or (iii) of this subsection is legally competent.

(e) No person receiving notice objects to the proposed action or the determinations of the disinterested person by submitting a written instrument delivered to the trustee within thirty days after receipt of the notice.

C. If any trustee wishes to convert an income trust to a total return unitrust, reconvert a total return unitrust to an income trust or change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust, or both, but does not have the ability to or elects not to do it pursuant to subsection A or B of this section, the trustee may petition the probate court for an order as the trustee deems appropriate.  If there is only one trustee of such a trust and that trustee is an interested trustee or if there are two or more trustees of such a trust and a majority of them are interested trustees, the court, in its discretion or on petition of the trustee or trustees or of any person interested in the trust, may appoint a disinterested person who, acting in a fiduciary capacity, shall present information to the court necessary to enable the court to make its determinations.

D. The fair market value of the trust shall be determined at least annually, using a valuation date or dates or averages of valuation dates as are deemed appropriate.  Assets for which a fair market value cannot be readily ascertained shall be valued using valuation methods as are deemed reasonable and appropriate.  Assets used by a trust beneficiary, such as a residence property or tangible personal property, may be excluded from fair market value for computing the unitrust amount.

E. The percentage to be used in determining the unitrust amount shall be a reasonable current return from the trust, but not less than three per cent or more than five per cent, taking into account the intentions of the settlor of the trust as expressed in the governing instrument, the needs of the beneficiaries, general economic conditions, projected current earnings and appreciation for the trust, and projected inflation and its impact on the trust.

F. A trustee may act pursuant to subsection A or B of this section with respect to a trust for which both income and principal have been permanently set aside for charitable purposes under the governing instrument and for which a federal estate or gift tax deduction has been taken, provided that:

1. Instead of sending written notice to the persons described in subsection A, paragraph 3, subdivision (b), item (ii) of this section or pursuant to subsection B, paragraph 3, subdivision (c), item (ii) of this section, as the case may be, the trustee shall send the written notice to the named charity or charities then entitled to receive income of the trust and, if no named charity or charities are entitled to receive all of that income, to the attorney general of this state.

2. Subsection A, paragraph 3, subdivision (c) of this section or subsection B, paragraph 3, subdivision (d) of this section, as the case may be, does not apply to that action.

3. In each taxable year, the trustee must distribute the greater of the unitrust amount and the amount required by section 4942 of the internal revenue code.

G. Following the conversion of an income trust to a total return unitrust, the trustee:

1. Shall consider the unitrust amount as paid from net accounting income determined as if the trust were not a unitrust.

2. Shall then consider the unitrust amount as paid from ordinary income not allocable to net accounting income.

3. After calculating the trust's capital gain net income described in section 1222(9) of the internal revenue code, may consider the unitrust amount as paid from net short-term capital gain described in section 1222(5) of the internal revenue code and then from net long-term capital gain described in section 1222(7) of the internal revenue code.

4. Shall then consider the unitrust amount as coming from the principal of the trust.

H. In administering a total return unitrust, the trustee, in its sole discretion but subject to the provisions of the governing instrument, may determine:

1. The effective date of the conversion.

2. The timing of distributions, including provisions for prorating a distribution for a short year in which a beneficiary's right to payments commences or ceases.

3. Whether distributions are to be made in cash or in kind or partly in cash and partly in kind.

4. If the trust is reconverted to an income trust, the effective date of the reconversion.

5. Any other administrative issues as may be necessary or appropriate to carry out the purposes of this section.

I. Conversion to a total return unitrust under this section does not affect any other provision of the governing instrument, if any, regarding distributions of principal.

J. Notwithstanding anything in this section to the contrary, in the case of a trust for which a marital deduction has been taken for federal tax purposes under section 2056 or 2523 of the internal revenue code, the spouse otherwise entitled to receive the net income of the trust has the right, by written instrument delivered to the trustee, to prohibit conversion to a total return unitrust and to compel the reconversion during that spouse's lifetime of the trust from a total return unitrust to an income trust.

K. This section pertains to the administration of a trust and is available to any trust that is administered in this state under Arizona law or to any trust, regardless of its place of administration, whose governing instrument provides that Arizona law governs matters of construction or administration unless:

1. The governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust.

2. The trust is a pooled income fund described in section 642(c)(5) of the internal revenue code or a charitable remainder annuity trust described in section 664(d) of the internal revenue code.

3. The governing instrument expressly prohibits use of this section by specific reference to this section or expressly states the settlor's intent that net income not be calculated as a unitrust amount.  A provision in the governing instrument that "the provisions of Arizona Revised Statutes, section 14-11014, as amended, or any corresponding provision of future law, shall not be used in the administration of this trust" or "my trustee shall not determine the distributions to the income beneficiary as a unitrust amount" or similar words reflecting such intent shall be sufficient to preclude the use of this section.

L. Any trustee or disinterested person who in good faith takes or fails to take any action under this section is not liable to any person affected by that action or inaction, regardless of whether the person received written notice as prescribed in this section and regardless of whether the person was under a legal disability at the time of the delivery of the notice.  The person's exclusive remedy is to obtain a court order directing the trustee to convert an income trust to a total return unitrust, to reconvert from a total return unitrust to an income trust or to change the percentage used to calculate the unitrust amount.

M. This section is available to trusts in existence on October 1, 2008 or created after that date.

N. For the purposes of this section:

1. "Disinterested person" means a person who is not a related or subordinate party pursuant to section 672(c) of the internal revenue code with respect to the person then acting as trustee of the trust and excludes the settlor of the trust and any interested trustee.

2. "Income trust" means a trust that is created by either an inter vivos or a testamentary instrument and that directs or permits the trustee to distribute the net income of the trust to one or more persons, either in required amounts or proportions, or in amounts or proportions determined by the trustee and regardless of whether the trust directs or permits the trustee to distribute the principal of the trust to one or more of these persons.

3. "Interested distributee" means a person to whom distributions of income or principal can currently be made who has the power to remove the existing trustee and designate as successor a person who may be a related or subordinate party pursuant to section 672(c) of the internal revenue code with respect to that distributee.

4. "Interested trustee" means:

(a) An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed.

(b) Any trustee who may be removed and replaced by an interested distributee.

(c) An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust.

5. "Total return unitrust" means an income trust that has been converted under and meets the requirements of this section.

6. "Trustee" means any person acting as trustee of the trust, unless expressly noted otherwise, whether acting in that person's discretion or on the direction of one or more persons acting in a fiduciary capacity.

7. "Unitrust amount" means an amount computed as a percentage of the fair market value of the trust.
A.R.S. § 14-10414 — Arizona Code / Title 14 / Chapter 11 / Article 4 / Section 10414
14-10414 Modification or termination of uneconomic trust
Status: in_force

14-10414. Modification or termination of uneconomic trust

A. After notice to the qualified beneficiaries, the trustee of a trust that consists of trust property having a total value of less than one hundred thousand dollars or that is uneconomic to administer may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.  This subsection does not apply to an interested trustee as defined in section 14-11014.

B. The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.

C. On termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

D. This section does not apply to an easement for conservation or preservation.
A.R.S. § 14-5604 — Arizona Code / Title 14 / Chapter 5 / Article 6 / Section 5604
14-5604 Claim against estate for expenses
Status: in_force

14-5604. Claim against estate for expenses

A. The public fiduciary has a claim for all of the following against the estate of the ward, protected person or decedent:

1. Reasonable expenses incurred in the execution of the guardianship, conservatorship or public administration.

2. Compensation for the fiduciary's services and the fiduciary's attorney that the court in which the accounts are settled deems just and reasonable.

3. An annual assessment in lieu of bond of twenty-five dollars and one-fourth of one per cent of the amount of an estate greater than ten thousand dollars. A fiduciary shall not take this assessment from the ward's or protected person's estate if the ward or protected person is eligible for supplemental security income benefits or would be eligible for these benefits if that person were not in a public institution.

B. The public fiduciary shall pay all funds received pursuant to this section to the county treasurer for deposit in the county general fund.
A.R.S. § 14-3306 — Arizona Code / Title 14 / Chapter 3 / Article 3 / Section 3306
14-3306 Informal probate; notice requirements
Status: in_force

14-3306. Informal probate; notice requirements

A. The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate:

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

2. To any personal representative of the decedent whose appointment has not been terminated.  No other notice need be given before issuance of a statement of informal probate by the registrar.

B. On issuance of a statement of informal probate, the applicant must within thirty days give written information to all heirs and devisees of the admission of the will to probate, together with a copy of the will.  The information shall describe the court where papers relating to the estate are on file and state that an heir or devisee has four months from receipt of the information within which to commence a formal testacy proceeding if the heir or devisee wishes to contest the probate. If a personal representative has been appointed, the information given pursuant to this section may be combined with the information required by section 14-3705 and may in that case be given by either the applicant or the personal representative on behalf of both. This information shall be delivered or sent by mail to each of the heirs and devisees whose address is reasonably available to the applicant.  An heir or devisee to whom the information is given is barred from commencing a formal testacy proceeding to contest the probate of the will after four months have elapsed from receipt of the information, but an heir or devisee is not barred from commencing a formal testacy proceeding to probate a later discovered will. An heir or devisee to whom the information is not given may contest the informal probate within the time limit specified in section 14-3108. The applicant shall be liable to any heir or devisee damaged by failure to comply with this subsection. An applicant's failure to give information as required by this section is a breach of the applicant's duty to the heirs and devisees but does not affect the validity of the probate.
A.R.S. § 14-7418 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7418
14-7418 Deferred compensation, annuities and similar payments; definition
Status: in_force

14-7418. Deferred compensation, annuities and similar payments; definition

A. To the extent that a payment is characterized as interest or a dividend, or a payment made in lieu of interest or a dividend, a trustee shall allocate it to income.  The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend or an equivalent payment.

B. If no part of a payment is characterized as interest, a dividend or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income ten per cent of the part that is required to be made during the accounting period and the balance to principal.  If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal.  For the purposes of this subsection, a payment is not required to be made to the extent that it is made because the trustee exercises a right of withdrawal.

C. If, to obtain an estate tax marital deduction for a trust, a trustee must allocate more of a payment to income than provided for by this section, the trustee shall allocate to income the additional amount necessary to obtain the marital deduction.  Except as otherwise provided in subsection D of this section, subsections E and F of this section apply, and subsections A and B of this section do not apply, in determining the allocation of a payment made from a separate fund to:

1. A trust to which an election to qualify for a marital deduction under 26 United States Code section 2056(b)(7), as amended, has been made.

2. A trust that qualifies for the marital deduction under 26 United States Code section 2056(b)(5), as amended.

D. Subsections C, E and F of this section do not apply to the extent that the series of payments, without the application of subsection C of this section, would qualify for the marital deduction under 26 United States Code section 2056(b)(7)(C), as amended.

E. A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this article.  On request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust.  The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse.  The trustee shall allocate the balance of the payment to the principal.  On request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.

F. If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal four per cent of the fund's value, according to the most recent statement of value preceding the beginning of the accounting period.  If the trustee cannot determine the internal income of the separate fund or the fund's value, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under section 7520 of the internal revenue code of 1986, as amended, 26 United States Code section 7520, as amended, for the month preceding the accounting period for which the computation is made.

G. This section does not apply to a payment to which section 14-7419 applies.

H. For the purposes of this section, "payment" means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments.  Payment includes a payment made in money or property from the payer's general assets or from a separate fund created by the payer, including a private or commercial annuity, an individual retirement account and a pension, profit sharing, stock bonus or stock ownership plan.  For purposes of subsections C, D, E and F of this section, payment also includes any payment from any separate fund, regardless of the reason for the payment.
A.R.S. § 14-3815 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3815
14-3815 Administration in more than one state; duty of personal representative
Status: in_force

14-3815. Administration in more than one state; duty of personal representative

A. All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed.

B. If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed either in this state or in another jurisdiction in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit.

C. In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
A.R.S. § 14-10708 — Arizona Code / Title 14 / Chapter 11 / Article 7 / Section 10708
14-10708 Compensation of trustee
Status: in_force

14-10708. Compensation of trustee

A. If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.

B. If the terms of a trust specify the trustee's compensation or refer to another ascertainable source for determining that compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if either:

1. The duties of the trustee are substantially different from those contemplated when the trust was created.

2. The compensation specified by the terms of the trust would be unreasonably low or high.
A.R.S. § 14-3102 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3102
14-3102 Necessity of statement or order of probate for will; exception
Status: in_force

14-3102. Necessity of statement or order of probate for will; exception

Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:

1. No court proceeding concerning the succession or administration of the estate has occurred.

2. Either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
A.R.S. § 14-3201 — Arizona Code / Title 14 / Chapter 3 / Article 2 / Section 3201
14-3201 Venue for first and subsequent estate proceedings; location of property
Status: in_force

14-3201. Venue for first and subsequent estate proceedings; location of property

A. Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:

1. In the county where the decedent had his domicile at the time of his death.

2. If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death.

B. Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 14-1303 or subsection C of this section.

C. If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.

D. For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary, is located where the debtor resides, or if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
A.R.S. § 14-5311 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5311
14-5311 Who may be guardian; priorities
Status: in_force

14-5311. Who may be guardian; priorities

A. Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106.

B. The court may consider the following persons for appointment as guardian in the following order:

1. A guardian or conservator of the person or a fiduciary appointed or recognized by the appropriate court of any jurisdiction in which the incapacitated person resides.

2. An individual or corporation nominated by the incapacitated person if the person has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.

3. The person nominated to serve as guardian in the incapacitated person's most recent durable power of attorney or health care power of attorney.

4. The spouse of the incapacitated person.

5. An adult child of the incapacitated person.

6. A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent.

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

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

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

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

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

C. A person listed in subsection B, paragraph 4, 5, 6, 7 or 8 of this section may nominate in writing a person to serve in that person's place. With respect to persons who have equal priority, the court shall select the one the court determines is best qualified to serve.

D. Notwithstanding the priorities set forth in subsection B of this section, if the petition for appointment of a guardian for the incapacitated person is filed pursuant to section 14-5301.03 or within two years after the incapacitated person's eighteenth birthday, unless the court finds the appointment to be contrary to the incapacitated person's best interest:

1. The court shall appoint as the incapacitated person's guardian any person who, by court order, had sole legal decision-making of the incapacitated person when the incapacitated person attained eighteen years of age.

2. If two persons had joint legal decision-making of the incapacitated person when the incapacitated person attained eighteen years of age, the court shall appoint both persons as the incapacitated person's co-guardians.

E. The court may appoint more than one person as the incapacitated person's co-guardians if the appointment is required by subsection D of this section or the court finds that the appointment is in the incapacitated person's best interest.  If the court appoints co-guardians, the co-guardians shall share decision-making for the incapacitated person and neither co-guardian's rights or responsibilities are superior except as otherwise ordered by the court.

F. For good cause the court may pass over a person who has priority and appoint a person who has a lower priority or no priority. For the purposes of this subsection, "good cause" includes a determination that:

1. The incapacitated person's durable power of attorney or health care power of attorney is invalid.

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

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

G. On a request by a person who was passed over by the court pursuant to subsection F of this section, the court shall make a specific finding regarding the court's determination of good cause and why the person was not appointed.  The request must be made within ten days after the entry of the order.
A.R.S. § 14-10301 — Arizona Code / Title 14 / Chapter 11 / Article 3 / Section 10301
14-10301 Representation
Status: in_force

14-10301. Representation

Sections 14-1404, 14-1405, 14-1406, 14-1407 and 14-1408 apply to trusts governed by this chapter.
A.R.S. § 14-5401 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5401
14-5401 Protective proceedings; fingerprinting
Status: in_force

14-5401. Protective proceedings; fingerprinting

A. On petition and after notice and a hearing pursuant to this article, the court may appoint a conservator or make another protective order for cause as follows:

1. Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection that cannot otherwise be provided or has or may have affairs that may be jeopardized or prevented by minority or that funds are needed for the minor's support and education and that protection is necessary or desirable to obtain or provide funds.

2. Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court specifically finds by clear and convincing evidence on the record both of the following:

(a) The person is unable to manage the person's estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance.

(b) The person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.

B. On petition and after notice and a hearing pursuant to this article, the court may continue a conservatorship or other protective order entered pursuant to subsection A, paragraph 1 of this section beyond the minor's eighteenth birthday if the court determines that the order is appropriate pursuant to subsection A, paragraph 2 of this section. The petition shall comply with the requirements of section 14-5404, subsection B and must be filed after the minor's seventeenth birthday and before termination of the conservatorship by court order.

C. The court may require each person who seeks appointment as a conservator to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation.  The court shall submit the person's completed fingerprint card to the department of public safety.  The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to a fiduciary who is licensed pursuant to section 14-5651 or an employee of a financial institution.

D. Unless the alleged basis for the appointment of a conservator or entry of a protective order is that the person allegedly in need of protection is confined, detained by a foreign power or missing, the court shall not appoint a conservator or enter a protective order for a person under subsection A, paragraph 2 of this section unless the person allegedly in need of protection has appeared before the court either in person or by virtual means. If that person is unable or unwilling to appear in person or by virtual means, evidence of the person's inability or unwillingness to attend shall be presented to the court.  If the person does not wish to attend in person or by virtual means, a declaration signed by that person shall be filed with the court to prove the person's inability or unwillingness to attend.  The court shall weigh the evidence, request additional evidence if necessary and document all evidence in the court record.
A.R.S. § 14-6301 — Arizona Code / Title 14 / Chapter 6 / Article 3 / Section 6301
14-6301 Definitions
Status: in_force

14-6301. Definitions

In this article, unless the context otherwise requires:

1. "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the owner's death.

2. "Register" means to issue a certificate that shows the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account that shows ownership of securities.

3. "Registering entity" means a person who originates or transfers a security title by registration and includes a broker who maintains security accounts for customers and a transfer agent or other person who acts for or as an issuer of securities.

4. "Security" means any share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account.

5. "Security account" means:

(a) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death.

(b) A cash balance or any other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

(c) An investment management or custody account with a trust company or a trust division of a bank with trust powers, and includes the securities in the account, a cash balance in the account, cash, cash equivalents, interest and earnings or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death.
A.R.S. § 14-2513 — Arizona Code / Title 14 / Chapter 2 / Article 5 / Section 2513
14-2513 References to separate lists; requirements
Status: in_force

14-2513. References to separate lists; requirements

A. Notwithstanding section 14-2503 relating to holographic wills, a will may refer to a written statement or list to dispose of items of tangible personal property other than money and not otherwise specifically disposed of by the will.

B. To be admissible under this section as evidence of the intended disposition, the writing shall either be in the testator's handwriting or be signed by the testator and shall describe the items and the devisees with reasonable certainty.

C. The writing may be:

1. Referred to as one to be in existence at the time of the testator's death.

2. Prepared before or after the execution of the will.

3. Altered by the testator after its preparation.

4. A writing that has no significance apart from its effect on the dispositions made by the will.
A.R.S. § 14-7659 — Arizona Code / Title 14 / Chapter 7 / Article 7 / Section 7659
14-7659 Manner of creating custodial property and effecting transfer; designation of initial custodian; control
Status: in_force

14-7659. Manner of creating custodial property and effecting transfer; designation of initial custodian; control

A. Custodial property is created and a transfer is made if:

1. An uncertificated security or a certificated security in registered form is either registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act" or delivered if in certificated form or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection B.

2. Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act".

3. The ownership of a life or endowment insurance policy or annuity contract is either registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act" or assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act".

4. An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act".

5. An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act".

6. A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act" or delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words, "as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act".

7. An interest in any property not described in paragraphs 1 through 6 is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection B.

B. An instrument satisfies the requirements of subsection A, paragraphs 1 and 7 if it is in the following form:

Transfer under the Arizona uniform

transfers to minors act

I, _______________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to _______________ (name of custodian), as custodian for _______________ (name of minor) under the Arizona uniform transfers to minors act, the following: (insert a description of the custodial property sufficient to identify it).

Dated: _______________.

_______________________________

(Signature)

_______________ (Name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Arizona uniform transfers to minors act.

Dated: _______________

____________________________

(Signature of custodian)

C. A transferor shall place the custodian in control of the custodial property as soon as practicable.
A.R.S. § 14-5417 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5417
14-5417 General duty of conservator
Status: in_force

14-5417. General duty of conservator

In exercising powers, a conservator is to act as a fiduciary and shall observe the standard of care applicable to trustees as described by sections 14-10804 and 14-10806.
A.R.S. § 14-5206 — Arizona Code / Title 14 / Chapter 5 / Article 2 / Section 5206
14-5206 Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints
Status: in_force

14-5206. Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints

A. The court shall appoint as guardian a person whose appointment would be in the best interests of the minor. The court may appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor.

B. Before the court may appoint as guardian a person unrelated to the minor, the court shall, in order to determine the applicant's suitability as a guardian, require the potential guardian to furnish a full set of fingerprints to the court to enable a criminal background investigation to be conducted. The court shall submit the completed fingerprint card with the fee prescribed in section 41-1750 to the department of public safety. The applicant shall bear the cost of obtaining the criminal background information. The cost shall not exceed the actual cost of obtaining the applicant's criminal background information. The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law. The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check.
A.R.S. § 14-10909 — Arizona Code / Title 14 / Chapter 11 / Article 9 / Section 10909
14-10909 Application to existing trusts
Status: in_force

14-10909. Application to existing trusts

A. This article applies to trusts existing on and created after July 20, 1996.

B. As applied to trusts existing on July 20, 1996, this article governs only decisions or actions occurring after that date.
A.R.S. § 14-5304.02 — Arizona Code / Title 14 / Chapter 5 / Article 3 / Section 5304.02
14-5304.02 Limited guardianship; voting
Status: in_force

14-5304.02. Limited guardianship; voting

A person for whom a limited guardian is appointed shall retain the right to vote if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote.
A.R.S. § 14-3110 — Arizona Code / Title 14 / Chapter 3 / Article 1 / Section 3110
14-3110 Action by or against personal representative; survival of causes of action
Status: in_force

14-3110. Action by or against personal representative; survival of causes of action

Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium or invasion of the right of privacy, shall survive the death of the person entitled thereto or liable therefor, and may be asserted by or against the personal representative of such person, provided that upon the death of the person injured, damages for pain and suffering of such injured person shall not be allowed.
A.R.S. § 14-6205 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6205
14-6205 Designation of agent; authority; termination
Status: in_force

14-6205. Designation of agent; authority; termination

A. By a writing signed by all parties, the parties may designate as an agent for all of the parties on the account a person who is not a party to the account.

B. Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a party with disabilities or incapacitated party until the authority of the agent is terminated. The death of the sole party or last surviving party terminates the authority of an agent.
A.R.S. § 14-3803 — Arizona Code / Title 14 / Chapter 3 / Article 8 / Section 3803
14-3803 Limitations on presentation of claims
Status: in_force

14-3803. Limitations on presentation of claims

A. All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred earlier by any other statute of limitations or nonclaim statute, are barred against the estate, the personal representative and the heirs and devisees of the decedent, unless presented within the earlier of either:

1. Two years after the decedent's death plus the time remaining in the period commenced by an actual or published notice pursuant to section 14-3801, subsection A or B.

2. The time prescribed by section 14-3801, subsection B for creditors who are given actual notice and within the time prescribed in section 14-3801, subsection A for all creditors barred by publication.

B. A claim that is described in subsection A of this section and that is barred by the nonclaim statute of the decedent's domicile before the giving of notice to creditors in this state is barred in this state.

C. All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any political subdivision, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, are barred against the estate, the personal representative and the heirs and devisees of the decedent, unless presented as either of the following:

1. A claim based on a contract with the personal representative, within four months after performance by the personal representative is due.

2. Any other claim, within the later of four months after it arises or the time specified in subsection A, paragraph 1 of this section.

D. This section does not affect or prevent any of the following:

1. Any proceeding to enforce any mortgage, pledge or other lien upon property of the estate.

2. To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance.

3. Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative or the estate.
A.R.S. § 14-3722 — Arizona Code / Title 14 / Chapter 3 / Article 7 / Section 3722
14-3722 Compensation of appointees
Status: in_force

14-3722. Compensation of appointees

A. If not otherwise compensated for services rendered, an investigator, accountant or lawyer appointed pursuant to this article is entitled to reasonable compensation from the estate of the decedent. If the court compensates the provider of a service the court may charge the estate for the reasonable cost of the service and shall deposit these monies in the probate fund pursuant to section 14-5433.

B. Notwithstanding subsection A of this section, if compensation by the estate is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator, accountant or lawyer appointed in a probate administration proceeding.

C. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.
A.R.S. § 14-3415 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3415
14-3415 Lost and missing wills; wills probated in other jurisdictions
Status: in_force

14-3415. Lost and missing wills; wills probated in other jurisdictions

A. If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked.

B. If a will is found to be valid and unrevoked and the original will is not available, its contents can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original. It is not necessary for this person to be an attesting witness to the will.

C. If a will is found to be valid and unrevoked and a copy of the will is not available, its contents can be proved only by clear and convincing evidence. For this purpose it is not necessary for a witness to be an attesting witness to the will. On a finding of clear and convincing evidence of the contents of such a will, the court, by order, shall set forth the contents of the will in reasonable detail.

D. If a certified copy of the will, as probated in another jurisdiction, is not available, the contents of the will can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original, as probated in the other jurisdiction. It is not necessary for this person to be an attesting witness to the will.
A.R.S. § 14-6227 — Arizona Code / Title 14 / Chapter 6 / Article 2 / Section 6227
14-6227 Financial institutions; right to setoff against account
Status: in_force

14-6227. Financial institutions; right to setoff against account

Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party is indebted to a financial institution the financial institution has a right to a setoff against the account. The amount of the account subject to a setoff is the proportion to which the party is, or immediately before death was, beneficially entitled under section 14-6211 or, in the absence of proof of that proportion, an equal share with all parties.
A.R.S. § 14-5414 — Arizona Code / Title 14 / Chapter 5 / Article 4 / Section 5414
14-5414 Compensation and expenses; definitions
Status: in_force

14-5414. Compensation and expenses; definitions

A. If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed in a protective proceeding, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, is entitled to reasonable compensation from the estate of the protected person if the petition is granted or from the petitioner if the petition is denied.

B. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner's failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed pursuant to this article, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances.  In making these determinations, the court may consider any evidence it deems appropriate.

C. A lawyer who is employed by the conservator to represent the conservator in the conservator's appointment or duties as conservator is entitled to reasonable compensation from the estate if the petition is granted.  If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner's failure to prosecute, the court may order that the compensation of the proposed conservator's lawyer be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances.  In determining which party shall pay, the court may consider any evidence it deems appropriate.

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

E. If the court pays for any of these services it may charge the estate for reasonable compensation. The clerk shall deposit monies it collects in the probate fund pursuant to section 14-5433.

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

G. Compensation payable to the department of veterans' services, when acting as a conservator of the estate of a veteran or a veteran's surviving spouse or minor child or the incapacitated spouse of a protected veteran, shall not be more than five percent of the amount of monies received during the period covered by the conservatorship. A copy of the petition and notice of hearing shall be given to the proper officer of the United States department of veterans affairs in the manner provided in the case of any hearing on a guardian's account or any other pleading. A commission or compensation is not allowed on the monies or other assets received from a prior conservator or on the amount received from liquidation of loans or other investments.

H. For the purposes of this section:

1. "Conservator" includes a conservator, temporary conservator or special conservator.

2. "Petition" means a petition filed pursuant to section 14-5401.01, subsection A or section 14-5404, subsection A.

3. "Protected person" includes a person who is alleged to be in need of protection.
A.R.S. § 14-5603 — Arizona Code / Title 14 / Chapter 5 / Article 6 / Section 5603
14-5603 Deposit of funds; investment plan
Status: in_force

14-5603. Deposit of funds; investment plan

A. All funds coming into the custody of the public fiduciary shall be deposited in the county treasury and disbursed at the direction of the public fiduciary or shall be deposited or invested in one or more insured banks or in one or more insured credit unions authorized to do business in the county or in one or more insured savings and loan associations authorized to do business in the county, and if there are no such insured banks, insured credit unions or insured savings and loan associations in the county, then the public fiduciary may deposit the funds in any insured bank or insured credit union or insured savings and loan association in the state.  Money deposited with the county treasurer or deposited or invested with an insured bank, insured credit union or insured savings and loan association shall be withdrawn only at the direction of the public fiduciary.

B. The public fiduciary may establish or continue an estate or investment plan of the public fiduciary's ward if all of the following apply:

1. The public fiduciary receives the approval of the court for the plan.

2. The plan is consistent with the standard of care imposed on trustees in sections 14-10804 and 14-10806.

3. The public fiduciary has obtained a surety bond in the amount of the assets within the plan if the court finds that a surety bond is necessary or desirable to protect the assets within the plan.
A.R.S. § 14-13106 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13106
14-13106 Procedure for disclosing digital assets
Status: in_force

14-13106. Procedure for disclosing digital assets

A. When disclosing digital assets of a user under this chapter, the custodian, at its sole discretion, may do any of the following:

1. Grant a fiduciary or designated recipient full access to the user's account.

2. Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.

3. Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

B. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.

C. A custodian need not disclose under this chapter a digital asset deleted by a user.

D. If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian.  If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:

1. A subset limited by date of the user's digital assets.

2. All of the user's digital assets to the fiduciary or designated recipient.

3. None of the user's digital assets.

4. All of the user's digital assets to the court for review in camera.
A.R.S. § 14-12104 — Arizona Code / Title 14 / Chapter 12 / Article 1 / Section 12104
14-12104 Communication between courts
Status: in_force

14-12104. Communication between courts

A. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.  The court may allow the parties to participate in the communication.  Except as provided in subsection B, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

B. Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.
A.R.S. § 14-2711 — Arizona Code / Title 14 / Chapter 2 / Article 7 / Section 2711
14-2711 Distribution to heirs; effect
Status: in_force

14-2711. Distribution to heirs; effect

A. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's heirs, heirs at law, next of kin, relatives, or family, or by similar language, the property passes to those persons, including the state, who would inherit the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment.  The property passes to those persons in the proportion described by the laws of intestate succession.

B. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
A.R.S. § 14-7403 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7403
14-7403 Trustee's power to adjust
Status: in_force

14-7403. Trustee's power to adjust

A. A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust's income and the trustee determines, after applying the provisions of section 14-7402, subsection A, that the trustee is unable to comply with section 14-7402, subsection B.

B. In deciding whether and to what extent to exercise the power conferred by subsection A of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:

1. The nature, purpose and expected duration of the trust.

2. The intent of the settlor.

3. The identity and circumstances of the beneficiaries.

4. The need for liquidity, regularity of income and preservation and appreciation of capital.

5. The assets held in the trust and:

(a) The extent to which:

(i) They consist of financial assets, interests in closely held enterprises, tangible and intangible personal property or real property.

(ii) An asset is used by a beneficiary.

(b) Whether an asset was purchased by the trustee or received from the settlor.

6. The net amount allocated to income under this article and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available.

7. Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income.

8. The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation.

9. The anticipated tax consequences of an adjustment.

10. Whether the trust has been converted to a unitrust pursuant to section 14-11014.

C. A trustee may not make an adjustment:

1. That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment.

2. That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion.

3. That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets.

4. From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside.

5. If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment.

6. If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment.

7. If the trustee is a beneficiary of the trust.

8. If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly.

D. If subsection C, paragraph 5, 6, 7 or 8 of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.

E. A trustee may release the entire power conferred by subsection A of this section or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in subsection C, paragraph 1, 2, 3, 4, 5, 6 or 8 of this section, or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection C of this section.  The release may be permanent or for a specified period, including a period measured by the life of an individual.

F. Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection A of this section.
A.R.S. § 14-13107 — Arizona Code / Title 14 / Chapter 13 / Article 1 / Section 13107
14-13107 Disclosure of content of electronic communications of deceased user
Status: in_force

14-13107. Disclosure of content of electronic communications of deceased user

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by 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. Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications.

5. 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 of one or more 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 content of electronic communications of the user would not violate 18 United States Code sections 2701 through 2712, 47 United States Code section 222 or other applicable law.

(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications.

(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
A.R.S. § 14-4303 — Arizona Code / Title 14 / Chapter 4 / Article 3 / Section 4303
14-4303 Service on foreign personal representative
Status: in_force

14-4303. Service on foreign personal representative

A. Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death.

B. If service is made upon a foreign personal representative as provided in subsection A, he shall be allowed at least thirty days within which to appear or respond.
A.R.S. § 14-3406 — Arizona Code / Title 14 / Chapter 3 / Article 4 / Section 3406
14-3406 Formal testacy proceedings; contested cases; testimony of attesting witnesses
Status: in_force

14-3406. Formal testacy proceedings; contested cases; testimony of attesting witnesses

A. If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.

B. If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
A.R.S. § 14-3202 — Arizona Code / Title 14 / Chapter 3 / Article 2 / Section 3202
14-3202 Appointment or testacy proceedings; conflicting claim of domicile in another state
Status: in_force

14-3202. Appointment or testacy proceedings; conflicting claim of domicile in another state

If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the formal testacy or appointment proceeding in this state.
A.R.S. § 14-3974 — Arizona Code / Title 14 / Chapter 3 / Article 12 / Section 3974
14-3974 Small estates; closing by sworn statement of personal representative
Status: in_force

14-3974. Small estates; closing by sworn statement of personal representative

A. Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 14-3973 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:

1. To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable, necessary medical and hospital expenses of the last illness of the decedent.

2. The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto.

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

B. If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

C. A closing statement filed under this section has the same effect as one filed under section 14-3933.
A.R.S. § 14-7401 — Arizona Code / Title 14 / Chapter 7 / Article 4 / Section 7401
14-7401 Definitions
Status: in_force

14-7401. Definitions

In this article, unless the context otherwise requires:

1. "Accounting period" means a calendar year unless another twelve month period is selected by a fiduciary and includes a portion of a calendar year or other twelve month period that begins when an income interest begins or ends when an income interest ends.

2. "Beneficiary" includes, in the case of a decedent's estate, an heir, legatee and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.

3. "Fiduciary" means a personal representative or a trustee and includes an executor, an administrator, a successor personal representative, a special administrator and a person performing substantially the same function.

4. "Income" means money or property that a fiduciary receives as current return from a principal asset and includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in sections 14-7410 through 14-7424.

5. "Income beneficiary" means a person to whom net income of a trust is or may be payable.

6. "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion.

7. "Mandatory income interest" means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.

8. "Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this article to or from income during the period.

9. "Person" means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or other legal or commercial entity.

10. "Principal" means property held in trust for distribution to a remainder beneficiary when the trust terminates.

11. "Remainder beneficiary" means a person entitled to receive principal when an income interest ends.

12. "Terms of a trust" means the manifestation of the intent of a settlor or decedent with respect to the trust expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.

13. "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by a court.
A.R.S. § 14-1311 — Arizona Code / Title 14 / Chapter 1 / Article 3 / Section 1311
14-1311 Standard of proof and burden of persuasion
Status: in_force

14-1311. Standard of proof and burden of persuasion

Except as otherwise provided in this title, the standard of proof required in a judicial proceeding brought pursuant to this title is the preponderance of evidence.  Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof.
A.R.S. § 14-3934 — Arizona Code / Title 14 / Chapter 3 / Article 10 / Section 3934
14-3934 Liability of distributees to claimants
Status: in_force

14-3934. Liability of distributees to claimants

After assets of an estate have been distributed and subject to section 14-3936, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, allowance in lieu of homestead or family allowance, or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.
A.R.S. § 14-1406 — Arizona Code / Title 14 / Chapter 1 / Article 4 / Section 1406
14-1406 Representation by fiduciaries and parents
Status: in_force

14-1406. Representation by fiduciaries and parents

To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

1. A conservator may represent and bind the estate that the conservator controls.

2. A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed.

3. An agent who has authority to act with respect to the particular question or dispute may represent and bind the principal.

4. A trustee may represent and bind the beneficiaries of the trust.

5. A personal representative of a decedent's estate may represent and bind persons interested in the estate.

6. A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed, except that the parent may not represent the child to consent to a modification or a termination of a trust if the parent is the settlor of the trust.