Arizona law library
Arizona statutes that affect your estate plan, explained so they actually make sense.
General Provisions
Tolling the Statute of Limitations When Someone Leaves Arizona
If someone you have a claim against is outside Arizona, the clock on the statute of limitations pauses. The time they spend out of state does not count toward the deadline to sue. This rule can matter for families chasing down a missing personal representative, an absconding beneficiary, or a defendant who has moved away.
Pausing Arizona Lawsuit Deadlines for Minors and People of Unsound Mind
If the person who could sue is under eighteen or of unsound mind when the cause of action arises, the Arizona statute of limitations does not run until the disability ends. The clock pauses until the minor turns eighteen or the adult regains capacity. This protects children and incapacitated adults from losing claims they could not pursue.
Why Arizona Disability Tolling Does Not Stack or Restart
Once the Arizona statute of limitations starts to run, a later disability does not stop it. And one disability cannot be tacked onto another to keep the clock paused longer. This rule limits how long tolling can preserve a claim, and it surprises families who assume any incapacity stops the deadline.
- A.R.S. § 12-504 Arizona's Six-Month Saving Statute: Refiling After Non-Merits Dismissal
- A.R.S. § 12-505 How Changes in Arizona's Limitations Law Affect Existing Claims
- A.R.S. § 12-506 How an Out-of-State Limitations Bar Follows a Debtor to Arizona
- A.R.S. § 12-507 Arizona's One-Year Grace Period for Claims Against Newly Arrived Debtors
- A.R.S. § 12-508 Reviving a Barred Arizona Claim Requires a Signed Writing
- A.R.S. § 12-509 Arizona's Five-Year Presumption of Death for the Long-Missing
- A.R.S. § 12-510 Why the State of Arizona Is Not Bound by Most Limitations Periods
- A.R.S. § 12-511 Arizona's Extra Year for Crime Victims to Sue After Criminal Proceedings End
- A.R.S. § 12-512 Arizona's Bar on Punitive Damages for Plaintiffs Without Lawful Status
- A.R.S. § 12-513 Arizona's Ten-Year Deadline for Failure-to-Report Mutilation Civil Claims
- A.R.S. § 12-514 Arizona's Twelve-Year Deadline for Childhood Injury and Abuse Civil Claims
- A.R.S. § 12-515 Arizona's Liability Shield for Non-Medical Providers During a Public Health Pandemic
- A.R.S. § 12-516 Arizona's Pandemic Liability Shield for Health Professionals and Hospitals
- A.R.S. § 14-10001 Disclaimer of Property Interests Act
- A.R.S. § 14-10002 Disclaimer Act: Key Definitions
- A.R.S. § 14-10003 Scope of the Disclaimer Act
- A.R.S. § 14-10004 Other Laws That Work With the Trust Code
- A.R.S. § 14-10005 Power to Disclaim Property Interests in Arizona: Requirements and Rules
- A.R.S. § 14-10006 What Happens When You Disclaim an Interest in Property in Arizona
- A.R.S. § 14-10007 Disclaiming Survivorship in Jointly Held Property
- A.R.S. § 14-10008 Trustee Disclaims Property: What Happens
- A.R.S. § 14-10009 Disclaiming a Power of Appointment: Rules and Timing
- A.R.S. § 14-10010 Disclaiming Power of Appointment Property
- A.R.S. § 14-10011 Disclaiming a Fiduciary Power
- A.R.S. § 14-10012 Delivering or Filing a Disclaimer
- A.R.S. § 14-10013 When a Disclaimer Is Barred
- A.R.S. § 14-10014 Tax Qualified Disclaimers
- A.R.S. § 14-10015 Recording a Property Disclaimer
- A.R.S. § 14-10016 Disclaimers and Existing Property Interests
- A.R.S. § 14-10017 Disclaimer Law and the Federal E-Sign Act
- A.R.S. § 14-10018 Uniformity of Disclaimer Law Across States
- A.R.S. § 14-10101 The Trust Code: Short Title and Scope
- A.R.S. § 14-10102 Trusts Covered by the Trust Code
- A.R.S. § 14-10103 Key Definitions in the Trust Code
- A.R.S. § 14-10104 What Counts as 'Knowledge' in Trust Law
- A.R.S. § 14-10105 Default and Mandatory Rules in Trust Law
- A.R.S. § 14-10106 Common Law of Trusts and Principles of Equity in Arizona
- A.R.S. § 14-10107 Which State's Law Governs Your Trust
- A.R.S. § 14-10108 Trust Principal Place of Administration
- A.R.S. § 14-10109 How Notice Works in Trust Law
- A.R.S. § 14-10110 Qualified Beneficiary Rights in Trusts
- A.R.S. § 14-10111 Nonjudicial Settlement Agreements
- A.R.S. § 14-10112 How Courts Interpret Trust Language
- A.R.S. § 14-10113 No-Contest Clauses in Trusts
- A.R.S. § 14-1101 Judge Training for Estate and Trust Cases
- A.R.S. § 14-1102 Purposes and Rules of Construction for Arizona Probate and Trust Law
- A.R.S. § 14-1103 Supplementary Principles of Law in Probate
- A.R.S. § 14-1104 Prudent Cost Management in Guardianship
- A.R.S. § 14-1105 Court Remedies for Unreasonable Conduct in Arizona Estate and Trust Proceedings
- A.R.S. § 14-1106 Fraud in Probate and Trust Proceedings
- A.R.S. § 14-1107 How Arizona Determines Death and Legal Status for Estate Purposes
- A.R.S. § 14-1108 Arbitration and ADR in Probate Cases
- A.R.S. § 14-1109 Repetitive Court Filings in Probate
- A.R.S. § 14-1110 Probate Advisory Panel: Guardianship Oversight
- A.R.S. § 14-12101 Adult Guardianship Jurisdiction Act
- A.R.S. § 14-12102 Guardianship Jurisdiction Definitions
- A.R.S. § 14-12103 International Applications of Arizona's Guardianship Jurisdiction Act
- A.R.S. § 14-12104 Court Communication in Guardianship
- A.R.S. § 14-12105 Court Cooperation in Guardianship
- A.R.S. § 14-12106 Testimony From Another State
- A.R.S. § 14-13101 Fiduciary Access to Digital Assets Act (RUFADAA)
- A.R.S. § 14-13102 Key Definitions in Digital Assets Law (RUFADAA)
- A.R.S. § 14-13103 When Digital Assets Law (RUFADAA) Applies
- A.R.S. § 14-13104 User Direction for Digital Assets
- A.R.S. § 14-13105 Terms of Service and Digital Assets
- A.R.S. § 14-13106 Disclosing Digital Assets Procedure
- A.R.S. § 14-13107 Deceased Person's Emails and Messages
- A.R.S. § 14-13108 Deceased Person's Other Digital Assets
- A.R.S. § 14-13109 Digital Communications via Power of Attorney
- A.R.S. § 14-13110 Agent Access to a Principal's Digital Assets
- A.R.S. § 14-13111 Trustee as Original User: Digital Assets
- A.R.S. § 14-13112 Successor Trustee Access to E-Comm Content
- A.R.S. § 14-13113 Non-Content Digital Assets for Trustees
- A.R.S. § 14-13114 Conservator Access to Digital Assets
- A.R.S. § 14-13115 Fiduciary Duties Over Digital Assets
- A.R.S. § 14-13116 Digital Asset Custodian Compliance
- A.R.S. § 14-13117 Digital Asset Law Uniformity
- A.R.S. § 14-13118 Digital Assets and the E-SIGN Act
- A.R.S. § 14-3101 How Property Passes at Death
- A.R.S. § 14-3102 Why a Will Must Be Probated
- A.R.S. § 14-3103 Why Appoint a Personal Representative
- A.R.S. § 14-3104 Creditor Claims Against an Estate
- A.R.S. § 14-3105 Probate Court Jurisdiction Over Estates
- A.R.S. § 14-3107 How Independent Probate Proceedings Work
- A.R.S. § 14-3108 Two-Year Time Limit for Starting Probate
- A.R.S. § 14-3109 Pausing Statutes of Limitation After Death
- A.R.S. § 14-3110 Which Legal Claims Survive Death
- A.R.S. § 14-5101 Guardianship Definitions and Key Terms
- A.R.S. § 14-5102 Guardianship and Conservatorship Jurisdiction
- A.R.S. § 14-5103 Facility of Payment to a Minor
- A.R.S. § 14-5104 Delegation of Parental Powers
- A.R.S. § 14-5105 Bond Requirements for Guardians in Arizona
- A.R.S. § 14-5106 Disclosure for Proposed Guardians
- A.R.S. § 14-5107 Military Power of Attorney: Child Care
- A.R.S. § 14-5108 Guardianship of Foreign Citizens Under 21
- A.R.S. § 14-5109 Compensation Disclosure: Guardianship
- A.R.S. § 14-5110 Claim Deadline: Guardianship Fees
- A.R.S. § 14-5111 Duties of Appointed Attorneys
- A.R.S. § 14-6101 Nonprobate Transfers on Death
- A.R.S. § 14-6102 Nonprobate Transferee Liability
- A.R.S. § 14-6103 Creditor Claims After Settlor's Death
- A.R.S. § 14-8101 Adult Adoption: Who Can Adopt
- A.R.S. § 14-9101 Custodial Trust Act: Key Definitions
- A.R.S. § 14-9102 Creating a Custodial Trust
- A.R.S. § 14-9103 Designating a Custodial Trustee for Future Payments in Arizona
- A.R.S. § 14-9104 Custodial Trustee: Accepting the Role
- A.R.S. § 14-9105 Property Transfers to a Custodial Trustee
- A.R.S. § 14-9106 Custodial Trust: Multiple Beneficiaries
- A.R.S. § 14-9107 Custodial Trustee: General Duties
- A.R.S. § 14-9108 Custodial Trustee: General Powers
- A.R.S. § 14-9109 How Custodial Trust Property Can Be Used in Arizona
- A.R.S. § 14-9110 How Incapacity Is Determined Under Arizona's Custodial Trust Act
- A.R.S. § 14-9111 Third-Party Liability and Custodial Trusts
- A.R.S. § 14-9112 Who Is Liable When a Custodial Trust Owes a Debt or Causes Harm
- A.R.S. § 14-9113 How a Custodial Trustee Is Replaced in Arizona
- A.R.S. § 14-9114 How a Custodial Trustee Gets Paid in Arizona
- A.R.S. § 14-9115 Custodial Trustee Accounting Rules
- A.R.S. § 14-9116 Claims Against a Custodial Trustee
- A.R.S. § 14-9117 Distribution on Termination of a Custodial Trust
- A.R.S. § 14-9118 Methods and Forms for Custodial Trusts
- A.R.S. § 14-9119 Which Law Governs a Custodial Trust
- A.R.S. § 33-1571 Due-on-Sale Clause Restrictions
- A.R.S. § 33-401 Formal Requirements for a Valid Deed
- A.R.S. § 33-402 Deed Forms: Quitclaim, Warranty, and More
- A.R.S. § 33-403 Easement Descriptions and Validity
- A.R.S. § 33-404 Trust Beneficiary Disclosure for Real Estate
- A.R.S. § 33-405 Beneficiary Deeds: Transfer Property on Death
- A.R.S. § 33-406 Water Hauling Disclosure for Subdivision Lots
- A.R.S. § 33-601 What Makes a Personal Property Gift Valid
- A.R.S. § 33-701 What Can Be Mortgaged and How
- A.R.S. § 33-702 How Arizona Defines a Mortgage and What That Means
- A.R.S. § 33-703 Arizona Mortgages: A Lien, Not a Transfer of Ownership
- A.R.S. § 33-704 Mining Claim Mortgages and Lender Rights
- A.R.S. § 33-705 Why Purchase Money Mortgages Take Priority
- A.R.S. § 33-706 Recording a Mortgage Assignment
- A.R.S. § 33-707 Releasing a Paid-Off Mortgage or Deed of Trust
- A.R.S. § 33-708 Mortgage Release by Attorney in Fact
- A.R.S. § 33-709 Mortgage Release After Lender Dies
- A.R.S. § 33-801 Key Definitions for Arizona Deeds of Trust
- A.R.S. § 33-802 Trust Property Description Requirements
- A.R.S. § 33-803 Deed of Trust Trustee Qualifications
- A.R.S. § 33-804 Successor Trustee for a Deed of Trust
- A.R.S. § 33-805 Deeds of Trust as Security Instruments
- A.R.S. § 33-806 Transfers in Trust of Real Property
- A.R.S. § 33-807 Trustee's Power of Sale and Foreclosure
- A.R.S. § 33-808 Notice Requirements for a Trustee Sale
- A.R.S. § 33-809 How to Request Notice of a Trustee Sale
- A.R.S. § 33-810 How a Trustee Sale Auction Works
- A.R.S. § 33-811 Payment Rules and the Trustee's Deed After an Arizona Trustee Sale
- A.R.S. § 33-812 How Trustee Sale Proceeds Are Distributed
- A.R.S. § 33-813 Reinstating a Deed of Trust After Default
- A.R.S. § 33-814 Deficiency Judgments After Foreclosure
- A.R.S. § 33-815 Indexing Deeds of Trust in County Records
- A.R.S. § 33-816 Trustee Sale and Foreclosure Time Limits
- A.R.S. § 33-817 Secured Loan Transfers and the Deed of Trust
- A.R.S. § 33-818 Deed of Trust Recording and Public Notice
- A.R.S. § 33-819 When Deed of Trust Rules Do Not Apply
- A.R.S. § 33-820 Trustee Reliance and Attorney Dual Roles
- A.R.S. § 33-821 Deed of Trust Is Not a Deed or Contract
- A.R.S. § 36-3281 Mental Health Care POA: Scope and Definitions
- A.R.S. § 36-3282 Creating a Valid Mental Health Care POA
- A.R.S. § 36-3283 Mental Health Care Agent Powers and Duties
- A.R.S. § 36-3284 How a Mental Health Care POA Works
- A.R.S. § 36-3285 Revoking a Mental Health Care POA
- A.R.S. § 36-3286 Sample Mental Health Care Power of Attorney Form in Arizona
- A.R.S. § 36-3287 Surrogate Rules for Mental Health POA
- A.R.S. § 42-11001 How Arizona Defines the Words Used in Property Tax Law
- A.R.S. § 42-11002 What Property Is Subject to Arizona Tax
- A.R.S. § 42-11003 Arizona Cannot Tax the Same Property Twice
- A.R.S. § 42-11004 You Have to Pay an Arizona Property Tax Before You Can Challenge It
- A.R.S. § 42-11005 How to Sue Arizona for an Illegal Property Tax Refund
- A.R.S. § 42-11006 You Cannot Get an Injunction to Stop an Arizona Property Tax
- A.R.S. § 42-11007 How Tax Records Count as Evidence in an Arizona Court
- A.R.S. § 42-11008 A Wrong Name or Description on the Roll Does Not Void the Tax
- A.R.S. § 42-11009 Who Can Look at Arizona Property Valuation Records
- A.R.S. § 46-451 How Arizona Defines a Vulnerable Adult
- A.R.S. § 46-452 What Arizona Protective Services Workers Can Do
- A.R.S. § 46-452.1 The Arizona Long-Term Care Ombudsman Office
- A.R.S. § 46-452.2 The Long-Term Care Ombudsman’s Duties in Arizona
- A.R.S. § 46-453 Immunity and Confidentiality for Arizona Adult-Protection Reporters
- A.R.S. § 46-454 Who in Arizona Must Report Suspected Elder Abuse
- A.R.S. § 46-455 When Neglect of a Vulnerable Adult Becomes a Civil Case
- A.R.S. § 46-456 Arizona's Financial Protection for Vulnerable Adults
- A.R.S. § 46-457 The Arizona Elder Abuse Central Registry
- A.R.S. § 46-458 How an Arizona Caregiver Can Challenge an Elder Abuse Finding
- A.R.S. § 46-459 The Arizona Adult Protective Services Registry
- A.R.S. § 46-460 Who Can See Arizona Adult Protective Services Records
- A.R.S. § 46-461 The Arizona Multidisciplinary Adult Protection Team
Real Actions
Arizona Adverse Possession Definitions: Peaceable, Hostile, and Continuous
This section defines the key terms used in Arizona's adverse possession statutes. Adverse possession, peaceable possession, and related phrases each carry specific legal meanings. Understanding them is essential to evaluating any long-term real property claim.
Arizona's Two-Year Real Property Claim When Defendant Has Only Possession
If the person occupying the land claims it only by right of possession, with no deed or other document supporting the claim, Arizona requires the owner to sue within two years. This short window encourages prompt action against trespassers and squatters.
Arizona's Three-Year Real Property Limitation Under Color of Title
When the person occupying land holds peaceable and adverse possession under title or color of title, Arizona requires the true owner to sue within three years. Color of title means a chain of paper transfers from the sovereign, even if some links are defective. The shorter period rewards possessors with at least a documentary basis.
- A.R.S. § 12-524 Repealed: Five-Year Limit on Recovering a City Lot With Recorded Deed
- A.R.S. § 12-525 Five-Year Limit on Recovering Land Held by a Tax-Paying, Using Possessor
- A.R.S. § 12-526 Arizona's Ten-Year Limit on Recovering Land Held by a Using Possessor
- A.R.S. § 12-527 How Arizona Grants Full Title to an Adverse Possessor Once Limitations Run
- A.R.S. § 12-528 Pausing Arizona Real Property Deadlines for Minors and Protected Adults
- A.R.S. § 12-529 Why Arizona Watercourse Claims Face Ordinary Defenses
- A.R.S. § 12-530 Arizona's Four-Year Deadline for Claims Against Home Inspectors
- A.R.S. § 12-531 Arizona's Deadline for Claims Against Real Estate Appraisers
Personal Actions
Arizona's One-Year Deadline for Libel, Slander, and Other Personal Actions
Arizona requires actions for libel, slander, malicious prosecution, false imprisonment, breach of an oral or written employment contract, and certain other claims to be filed within one year. The short window applies to many disputes that surface during estate or family administration.
Arizona's Two-Year Deadline for Personal Injury and Conversion Actions
Most Arizona personal injury and tort actions must be filed within two years. The list includes injuries to the person, wrongful death, conversion of personal property, fraud, and trespass to land. The two-year period is the most common limitations window in the state's civil code.
Arizona's Three-Year Deadline for Oral Contracts and Open Accounts
Arizona gives three years to bring claims on oral contracts, open accounts, and certain other obligations. The three-year deadline is the default for contract claims not based on a written instrument and surfaces often in probate when family loans and informal agreements come to light.
- A.R.S. § 12-544 Arizona's Four-Year Deadline for Partner Accountings and Penal Bond Actions
- A.R.S. § 12-545 Four-Year Deadline to Sue on a Personal Representative or Guardian Bond
- A.R.S. § 12-546 Arizona's Four-Year Deadline for Specific Performance of Real Property Contracts
- A.R.S. § 12-547 Arizona's Five-Year Deadline for Suing a Sheriff Over Execution Returns
- A.R.S. § 12-548 Arizona's Six-Year Deadline for Written Contract and Credit Card Debt Actions
- A.R.S. § 12-549 When an Out-of-State Judgment Cannot Be Enforced in Arizona
- A.R.S. § 12-550 Arizona's Four-Year Catch-All Statute of Limitations
- A.R.S. § 12-551 Arizona's Product Liability Deadline and Twelve-Year Statute of Repose
- A.R.S. § 12-552 Arizona's Eight-Year Statute of Repose for Construction Defect Claims
- A.R.S. § 12-553 Arizona's Liability Shield for Horse Owners and Stables
- A.R.S. § 12-554 Arizona's Liability Shield for Baseball Stadium Owners
- A.R.S. § 12-555 Arizona's Three-Year Notice Requirement for Uninsured Motorist Claims
- A.R.S. § 12-556 Arizona's Liability Shield for Closed-Course Motor Sport Facilities
- A.R.S. § 12-557 Arizona's Limited Duty of Care to Trespassers on Real Property
- A.R.S. § 12-558 Arizona's Liability Release for Commercial Space Flight Activities
- A.R.S. § 12-558.1 Arizona's Limits on Civil Actions Over Lawful Firearm Discharge
- A.R.S. § 12-558.2 Arizona's Civil Immunity for Rescuing a Minor or Pet from a Hot Car
- A.R.S. § 12-558.3 Arizona's Limit on Negligent Hiring Claims for People With Criminal Records
Successor Asbestos-Related Liability
Arizona's Definitions for Asbestos Successor Liability
This section defines the key terms in Arizona's asbestos successor liability statutes. The definitions cover what counts as an asbestos claim, who qualifies as a successor corporation, and what assets fall within the liability cap. The definitions shape how families pursue claims involving asbestos exposure.
Arizona's Cap on Successor Corporation Asbestos Liability
A successor corporation's cumulative asbestos-related liability under Arizona law is capped at the fair market value of the transferor's total gross assets at the time of the merger or consolidation. The cap protects acquirers from open-ended liability while preserving meaningful recovery for victims.
How Arizona Determines Fair Market Value for Asbestos Liability Caps
This section sets the methods for establishing the fair market value of the transferor's total gross assets, which sets the asbestos liability cap under 12-559.1. Either going concern value or any other reasonable method is permitted, giving courts flexibility to apply the cap fairly.
Judicial Proceedings
Court's Role in Trust Administration
Trusts are not automatically supervised by a court. A court only gets involved when someone requests it or when the law specifically requires it. This keeps the trust administration process private and efficient.
Court Jurisdiction Over Trustees
When a trust has its principal place of administration in the state, the trustee and beneficiaries are subject to the jurisdiction of the courts. A trustee who accepts the role or moves the trust here submits personally to that jurisdiction.
Which Court Handles Trust Disputes
The superior court has sole authority over trust administration cases. For other trust-related issues, it shares authority with other state courts.
Representation
Who Represents Trust Beneficiaries
The trust code brings in the general representation rules from Title 14. These rules decide when one person can act for another. A parent may represent a minor child. A living beneficiary may represent an unborn one.
Court-Appointed Trust Representatives
When a trust beneficiary cannot act for themselves and no one else can step in, the court can appoint a representative. This person can receive notices, give consent, and make choices for minors, incapacitated people, unborn children, or those who cannot be found.
Creation, Validity, Modification and Termination of Trust
Three Ways to Create a Trust in Arizona
The law recognizes three methods for creating a trust: transferring property to someone as trustee, declaring yourself a trustee of your own property, or exercising a power of appointment in favor of a trustee. Each method has different practical uses depending on timing and circumstances.
Requirements for Creating a Valid Trust
The law lays out five conditions that must all be met for a trust to be valid. The settlor must have capacity, must intend to create the trust, and must name at least one identifiable beneficiary. The trustee must have duties. And the same person cannot be sole trustee and sole beneficiary.
When an Out-of-State Trust Is Valid
If a trust was created in another state or country, it is recognized as valid here as long as it complied with the law of the place it was signed. It also qualifies if it met the law of a state where the settlor lived, a trustee was based, or trust property was located.
- A.R.S. § 14-10404 Lawful Trust Purposes Under the Law
- A.R.S. § 14-10405 Charitable Trusts: Purposes and Rules
- A.R.S. § 14-10406 When Fraud, Duress, or Undue Influence Voids a Trust in Arizona
- A.R.S. § 14-10407 Oral Trusts in Arizona: What the Law Requires as Proof
- A.R.S. § 14-10408 Pet Trusts: Trust for Your Animal
- A.R.S. § 14-10409 Purpose Trusts Without a Beneficiary
- A.R.S. § 14-10410 Trust Modification or Termination
- A.R.S. § 14-10411 Irrevocable Trust Modification by Consent
- A.R.S. § 14-10412 Changing a Trust When Circumstances Were Not Anticipated
- A.R.S. § 14-10413 Cy Pres and Charitable Trusts
- A.R.S. § 14-10414 When a Trust Costs More Than It Holds
- A.R.S. § 14-10415 Reforming a Trust to Fix Mistakes
- A.R.S. § 14-10416 Modifying a Trust to Meet the Settlor's Tax Goals
- A.R.S. § 14-10417 Combining or Dividing Trusts
- A.R.S. § 14-10418 Updating Name Changes in a Trust
Creditors' Claims; Spendthrift and Discretionary Trusts
Creditors and a Trust Beneficiary's Interest
If a trust does not include a spendthrift rule, a court may let creditors attach trust distributions. When the trust has a spendthrift clause, creditors generally cannot reach those funds. The same applies when the trustee has discretion over distributions.
How Spendthrift Provisions Protect Beneficiaries
A spendthrift clause in a trust stops a beneficiary from transferring their interest. It also blocks most creditors from reaching trust assets before distribution. Arizona treats these clauses as valid if they restrain voluntary or involuntary transfers.
When Creditors Can Reach Trust Assets Despite a Spendthrift Clause
Even with a spendthrift clause, Arizona law lets certain creditors reach trust payouts. A child with a support order or a creditor who protected the trust interest can petition the court. Special needs trusts are shielded from these exceptions.
Revocable Trusts
Revoke or Amend a Revocable Trust
Unless a trust document says it is irrevocable, the person who created it can revoke or amend it at any time. The law provides specific methods for making changes. It also addresses what happens when more than one person created the trust together.
Settlor's Powers Over a Revocable Trust
While a trust remains revocable, the person who created it holds the reins. The trustee's duties run to the settlor, not to the beneficiaries. Anyone with a power to amend or withdraw trust property has similar rights during that period.
Time Limits for Contesting a Revocable Trust
After the settlor dies, there is a limited window to contest a revocable trust. Two possible deadlines apply, and the earlier one controls. The trustee can generally proceed with distributions unless a contest is filed or about to be filed.
Office of Trustee
How a Trustee Accepts or Declines the Role
Being named as a trustee does not automatically make someone a trustee. The designated person must accept the role. A person who does not want the responsibility can reject it. The law also allows limited protective actions before making a decision.
Trustee Bond Requirements and Exemptions
Trustees are not automatically required to post a surety bond. A bond is only needed if a court finds it necessary to protect the beneficiaries. The trust itself may also require one. Certain institutional trustees are always exempt.
How Cotrustees Share Authority and Liability
When a trust names more than one trustee, cotrustees generally act by majority vote. They can delegate tasks to each other. Each cotrustee must try to prevent the others from committing a serious breach of trust.
- A.R.S. § 14-10704 Filling a Vacancy in a Trusteeship
- A.R.S. § 14-10705 How a Trustee Resigns
- A.R.S. § 14-10706 When and How a Trustee Can Be Removed
- A.R.S. § 14-10707 Former Trustee's Duty to Deliver Property
- A.R.S. § 14-10708 How Trustee Compensation Works
- A.R.S. § 14-10709 Trustee Reimbursement of Expenses Under Arizona Law
Duties and Powers of Trustee and Trust Protector
Duty to Administer a Trust in Good Faith
Once a trustee accepts the role, the law requires them to manage the trust in good faith. They must follow its terms and purposes, act in the beneficiaries' best interests, and comply with the trust code. This is the foundational obligation every trustee carries.
Duty of Loyalty to Beneficiaries
A trustee must manage the trust solely in the interests of the beneficiaries. Transactions where the trustee has a personal conflict are voidable. Exceptions exist when the trust authorizes a transaction, a court approves it, or a beneficiary consents.
Duty of Impartiality Among Beneficiaries
When a trust has two or more beneficiaries, the trustee must treat them fairly. The law requires the trustee to act impartially when investing, managing, and distributing trust property. Each beneficiary's interests must receive due regard.
- A.R.S. § 14-10804 Prudent Administration: The Standard of Care for Trustees
- A.R.S. § 14-10805 Costs of Trust Administration
- A.R.S. § 14-10806 When Special Skills Raise the Standard
- A.R.S. § 14-10807 Delegation by Trustee: Handing Off Duties
- A.R.S. § 14-10808 Powers to Direct Trust Decisions
- A.R.S. § 14-10809 Control and Protection of Trust Property in Arizona
- A.R.S. § 14-10810 Trust Property Record Keeping Duties
- A.R.S. § 14-10811 Trustee's Duty to Enforce and Defend
- A.R.S. § 14-10812 Successor Trustee's First Duty
- A.R.S. § 14-10813 Trustee Duty to Inform and Report
- A.R.S. § 14-10814 Discretionary Powers and Tax Savings for Arizona Trustees
- A.R.S. § 14-10815 General Powers of a Trustee Under Arizona Law
- A.R.S. § 14-10816 Specific Powers of a Trustee in Arizona
- A.R.S. § 14-10817 How Trust Property Is Distributed When a Trust Ends
- A.R.S. § 14-10818 Trust Protectors in Arizona: Powers and Limitations
- A.R.S. § 14-10819 Moving Trust Assets to Another Trust
- A.R.S. § 14-10820 When a Fiduciary Cannot Be Trustee
Prudent Investor Rule
Prudent Investor Rule for Trustees
Trustees must follow the prudent investor rule when managing trust assets. This means investing with reasonable care, skill, and caution. The trust document can modify, expand, or even eliminate this standard if the settlor chooses.
Standard of Care and Portfolio Strategy for Arizona Trustees
Trustees must invest as a prudent investor would. They consider the trust's purpose, distribution needs, and the beneficiaries' situation. Courts judge investment choices by the overall portfolio, not by gains or losses on a single asset.
Duty to Diversify Trust Investments
Trustees must diversify trust investments unless special circumstances justify concentrating assets. This duty protects beneficiaries from too much risk in one area. Having most of the trust's value tied to a single asset can cause major losses.
- A.R.S. § 14-10904 A Trustee's First Duties After Accepting the Role
- A.R.S. § 14-10905 Evaluating Trustee Investment Compliance
- A.R.S. § 14-10906 Language That Triggers Prudent Investor
- A.R.S. § 14-10907 Delegating Trustee Investment Decisions
- A.R.S. § 14-10908 Trustee Liability for Trust Life Insurance
- A.R.S. § 14-10909 Prudent Investor Rule for Existing Trusts
Liability of Trustees and Rights of Persons Dealing with Trustees
Remedies When a Trustee Breaches Duties
When a trustee violates a duty owed to a beneficiary, courts have a wide range of remedies. These include compelling the trustee to act, ordering repayment, suspending or removing the trustee, reducing pay, and voiding unauthorized transactions.
Damages for Breach of Trust
When a trustee violates their fiduciary duty, the court can order remedies for breach. The trustee must either restore the trust to its proper value or give up any profit they made. Whichever amount is greater is what the trustee owes.
Trustee Profits Without Breach of Trust
Even when a trustee has not done anything wrong, the law requires them to account for any profit from administering trust funds. The rule has specific exceptions for reasonable compensation, standard business fees, and bank remuneration.
- A.R.S. § 14-11004 Attorney Fees in Trust Proceedings
- A.R.S. § 14-11005 Time Limits for Suing a Trustee
- A.R.S. § 14-11006 Following the Trust Document
- A.R.S. § 14-11007 Life Events Affecting a Trust
- A.R.S. § 14-11008 Trustee Exculpation: Liability Limits in Trusts
- A.R.S. § 14-11009 Beneficiary Consent to Trustee Actions
- A.R.S. § 14-11010 Trustee Personal Liability Limits
- A.R.S. § 14-11011 Trust Holding a General Partnership Interest
- A.R.S. § 14-11012 Protection for People Dealing With a Trustee
- A.R.S. § 14-11013 Certification of Trust: Proving Your Authority Without Sharing the Full Document
- A.R.S. § 14-11014 Converting Income Trusts to Unitrusts
- A.R.S. § 14-11015 Express Unitrusts Designed From the Start
Miscellaneous Provisions
Electronic Records and Signatures in Trusts
The trust and estate code aligns with the federal E-SIGN Act. Electronic records and signatures in trust matters carry the same weight as paper versions.
Severability for Electronic Records Rules
If a court strikes down any single rule in the electronic records chapter, the rest stays in effect. This means one legal challenge cannot unravel the whole framework. The other rules for electronic records and signatures still apply.
Uniform Application for Guardianship Jurisdiction
This statute tells Arizona courts to read the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act the same way other states do. The goal is to prevent conflicting guardianship orders when a person has ties to more than one state.
Definitions
Key Definitions in Probate and Trust Code
This statute defines over 70 legal terms used in Arizona's probate, trust, and estate code (Title 14). Courts, attorneys, and families rely on it to understand key words like "beneficiary," "personal representative," "surviving spouse," "will," and "trust."
Out-of-State Estate Definitions
When a person who lived in another state owned property in this state, specific legal terms govern how their estate is handled here. This statute defines local administration, local personal representative, and resident creditor for out-of-state estates.
Jurisdiction
Guardianship Jurisdiction Definitions
Arizona law defines three key terms for guardianship jurisdiction: 'emergency,' 'home state,' and 'significant-connection state.' Courts use these terms to decide which state handles a case.
Exclusive Basis for Adult Guardianship
The rules in this article are the only basis for Arizona courts to appoint a guardian or issue a protective order for an adult. No other legal theory can create jurisdiction.
Adult Guardianship Jurisdiction
Before a court can appoint a guardian or conservator, it must have jurisdiction. This statute sets out four grounds. The first is whether the state is the person's home state. The others cover cases where other states have declined to act.
- A.R.S. § 14-12204 Emergency Guardianship Jurisdiction
- A.R.S. § 14-12205 Continuing Guardianship Jurisdiction
- A.R.S. § 14-12206 Deciding the Right Forum for Guardianship
- A.R.S. § 14-12207 Declining Jurisdiction Due to Misconduct
- A.R.S. § 14-12208 Cross-State Guardianship Notice Rules
- A.R.S. § 14-12209 Guardianship Filed in More Than One State
Transfer of Guardianship or Conservatorship
Transferring Guardianship to Another State
When a person under guardianship moves out of state, the case can move too. The court checks the care plan and works with the new state first. Any interested person may file a motion to start this process.
Accepting a Transferred Guardianship
When a guardianship moves here from another state, the case does not transfer on its own. Someone must file a petition with a certified copy of the transfer order. The court may then change the order to fit local law.
Registration and Recognition of Orders from Other State
Registering Out-of-State Guardianship Orders
A guardian appointed in another state can register their guardianship order here without starting a new case. By filing certified copies of the order and letters of office with the court, the guardian gains legal authority to act on behalf of the incapacitated person in this state.
Registering Out-of-State Conservatorship
A conservator from another state can register their order here to manage local property. They file certified copies of the order, letters of office, and any required bond. The filing goes to the county where the property sits.
Effect of Registering Out-of-State Orders
Once an out-of-state order is registered here, the guardian or conservator can use all powers from their original appointment. The court can also enforce the registered order under state law.
Scope, Jurisdiction and Courts
Where Probate and Trust Laws Apply
This statute defines the geographic reach of the probate, trust, and estate code. Title 14 applies to estates of people domiciled here, property of nonresidents located in the state, incapacitated persons and minors, multi-party accounts, and trusts administered here. It does not apply to property of Indians within tribal court jurisdiction.
What Probate Courts Have Authority to Decide
This statute establishes the full scope of the superior court's jurisdiction over probate, estate, trust, and protective proceedings. The court can handle everything from will construction and heir determination to enforcing fiduciary duties. It can also hear related claims like breach of contract and wrongful death.
Venue for Probate & Trust Proceedings
When a probate, trust, or guardianship case could be filed in more than one county, this statute determines which court handles it. The court where the case is filed first has exclusive authority. If cases are filed in multiple counties, the first court decides where the case belongs.
- A.R.S. § 14-1304 Court Practice Rules for Probate
- A.R.S. § 14-1305 Probate Records & Certified Copies
- A.R.S. § 14-1306 Jury Trial Rights in Probate
- A.R.S. § 14-1307 Registrar Powers in Probate Courts
- A.R.S. § 14-1310 Oath Requirements for Probate Documents
- A.R.S. § 14-1311 Standard of Proof in Arizona Probate Proceedings
Notice, Parties and Representation in Estate Litigation and Other Matters
Notice Methods in Probate Cases
Before a probate hearing can move forward, interested parties must receive proper notice. Arizona law requires at least fourteen days of advance notice. It can be delivered by certified mail, personal delivery, or published in a newspaper if the person cannot be located.
Attorney General Notice in Probate
If it appears during probate proceedings that no heir exists to claim the estate, Arizona law requires that the attorney general be notified. This ensures the state can step in when an estate might otherwise go unclaimed.
Waiver of Notice in Probate Hearings
An interested party in a probate case may waive their right to receive formal notice of a hearing. The waiver must be in writing, signed by the person or their attorney, and filed with the court.
- A.R.S. § 14-1403 Pleading Rules for Trust and Estate Cases
- A.R.S. § 14-1404 Legal Representatives in Probate Notice
- A.R.S. § 14-1405 General Power of Appointment Holders
- A.R.S. § 14-1406 When Fiduciaries and Parents Can Represent Others in Court
- A.R.S. § 14-1407 Representation by Identical Interest
- A.R.S. § 14-1408 Court-Appointed Guardian Ad Litem
Intestate Succession
Intestate Estate: Property Not in a Will
If you pass away and any part of your estate is not covered by a valid will, state law decides who receives it. This statute says that any property not distributed through a will passes through intestate succession. It follows a fixed order of priority.
Intestate Share of a Surviving Spouse in Arizona
When someone dies without a will, the surviving spouse does not automatically inherit everything. How much a spouse inherits depends on whether the deceased had children from another relationship. It also depends on whether the property is community or separate.
Who Inherits With No Surviving Spouse
When someone dies without a will and there is no surviving spouse, the estate goes to the closest living relatives. The order is: descendants first, then parents, then siblings, then grandparents and their descendants.
- A.R.S. § 14-2104 The 120-Hour Survival Rule for Arizona Heirs
- A.R.S. § 14-2105 Unclaimed Estates That Pass to the State
- A.R.S. § 14-2106 Inheritance by Representation Explained
- A.R.S. § 14-2107 Half-Siblings and Inheritance Rights in Arizona
- A.R.S. § 14-2108 After-Born Heirs and Inheritance Rights
- A.R.S. § 14-2109 Lifetime Gifts That Count as Advancements
- A.R.S. § 14-2110 Unpaid Debts and Inheritance Shares
- A.R.S. § 14-2111 Noncitizens Can Inherit Property
- A.R.S. § 14-2113 Heirs Related Through Two Family Lines
- A.R.S. § 14-2114 Parent-Child Relationship in Inheritance
Waiver of Rights of Spouse
Spouse and Children Unprovided for in Will
Omitted Spouse: Will Signed Before Marriage
If someone dies with a will signed before their current marriage, the surviving spouse may receive a share of the estate. Arizona law protects spouses left out of a premarital will. Exceptions apply if the will anticipated the marriage or the spouse was provided for outside the will.
Omitted Children: Inheritance Rights After a Will
When a child is born or adopted after a parent signs a will and the will does not include them, Arizona law gives that child a share of the estate. The share size depends on whether the parent had other children when the will was signed.
Exempt Property and Allowances
Which State's Law Governs Family Protections
Arizona's homestead allowance, exempt property, and family allowance rules apply based on domicile. These protections take effect only when the deceased person lived in Arizona at death. If the person was domiciled in another state, that state's laws govern those rights instead.
Arizona's $18,000 Homestead Allowance for Surviving Spouses
A surviving spouse in Arizona is entitled to a homestead allowance of $18,000 from the estate. If there is no surviving spouse, the allowance is divided by the number of minor and dependent children. This allowance is exempt from and has priority over nearly all claims against the estate.
Arizona's $7,000 Exempt Property Allowance
In addition to the homestead allowance, a surviving spouse in Arizona is entitled to up to $7,000 in household furniture, automobiles, appliances, and personal effects. If there is no surviving spouse, the minor and dependent children share this allowance jointly.
Wills
Who Can Make a Will in Arizona
Two basic requirements apply: you must be at least 18 years old, and you must be of sound mind. If both conditions are met, you have the legal right to create a valid will that directs how your property is distributed after death.
How to Properly Execute a Will
A paper will must be in writing, signed by the person making it (or by someone else at their direction), and signed by at least two witnesses. These execution requirements exist to prevent fraud and ensure the document genuinely reflects the wishes of the person who created it.
Holographic Wills: Handwritten and Valid
A holographic will is a handwritten will that does not need witnesses. As long as the signature and the material provisions are in the handwriting of the person making the will, it can hold up in court.
- A.R.S. § 14-2504 Self-Proved Wills in Arizona: What They Are and Why They Matter
- A.R.S. § 14-2505 Who Can Witness a Will
- A.R.S. § 14-2506 Choice of Law for Will Execution
- A.R.S. § 14-2507 How to Revoke a Will
- A.R.S. § 14-2508 Change in Circumstances Does Not Revoke a Will
- A.R.S. § 14-2509 Reviving a Revoked Will
- A.R.S. § 14-2510 Incorporating a Document Into Your Will
- A.R.S. § 14-2511 Pouring Assets Into a Trust Through Your Will
- A.R.S. § 14-2512 How Outside Events Shape Your Will
- A.R.S. § 14-2513 Distributing Personal Property by Separate Writing
- A.R.S. § 14-2514 When a Promise About a Will Is Binding
- A.R.S. § 14-2516 Will Custodian Duties & Delivery Rules
- A.R.S. § 14-2517 No-Contest Clauses in Wills
- A.R.S. § 14-2518 Electronic Wills: What Makes One Valid
- A.R.S. § 14-2519 Self-Proved Electronic Wills: Streamlining Probate in Arizona
- A.R.S. § 14-2520 Who Can Store an Electronic Will
- A.R.S. § 14-2521 How a Qualified Custodian Begins and Ends Service in Arizona
- A.R.S. § 14-2522 Electronic Will Record Access Rules
- A.R.S. § 14-2523 Electronic Will to Certified Paper Original
Rules of Construction
Will Construction: When Default Rules Apply
Arizona has a set of default rules that courts use to interpret unclear or ambiguous language in a will. These rules only apply when the will itself does not clearly state a different intention. If the will is specific, those instructions control.
After-Acquired Property in a Will
A will can pass not only property you own when you sign it, but also property you acquire later. Coverage extends right up to the moment of death. It can even cover property the estate acquires after death, such as insurance proceeds or lawsuit settlements.
Antilapse: When a Beneficiary Dies First
If a beneficiary named in your will dies before you do, Arizona law may redirect that gift to the deceased beneficiary's descendants. This is called the antilapse rule. It applies to beneficiaries who are grandparents, descendants of grandparents, or stepchildren of the person who wrote the will.
- A.R.S. § 14-2604 When a Gift in Your Will Fails
- A.R.S. § 14-2605 Stock Splits and Securities Gifts in Wills
- A.R.S. § 14-2606 Specific Gifts: Property Sold Before Death
- A.R.S. § 14-2607 Specific Devises and Nonexoneration
- A.R.S. § 14-2608 Exercising a Power of Appointment by Will
- A.R.S. § 14-2609 Lifetime Gifts That Satisfy a Will Devise
Governing Instruments
Governing Instrument Rules of Construction
Arizona provides a set of default rules for interpreting wills, trusts, and other estate planning documents. These rules apply automatically unless the document itself shows a different intention. They cover everything from survival requirements to how beneficiary designations are read.
The 120-Hour Survival Rule for Estates
A person named in a will, trust, or other estate document must survive the event by at least 120 hours (five days). If survival is not proven by clear and strong evidence, the law treats that person as having died first.
Choice of Law for Governing Instruments
Arizona lets a will, trust, or other estate document name which state's law applies. The chosen state's law controls meaning and legal effect. There are limited exceptions for public policy.
- A.R.S. § 14-2704 Power of Appointment: Reference Required
- A.R.S. § 14-2705 Class Gifts: Adopted Children and Wedlock
- A.R.S. § 14-2706 When a Beneficiary Dies Before You
- A.R.S. § 14-2707 Future Interests: Beneficiary Dies Early
- A.R.S. § 14-2708 Class Gifts: Distribution Not Specified
- A.R.S. § 14-2709 Per Capita vs. Per Stirpes Distribution
- A.R.S. § 14-2710 Worthier Title Doctrine: Not Recognized
- A.R.S. § 14-2711 Who Qualifies as an Heir in a Document
- A.R.S. § 14-2712 Burden of Proof: Will or Trust Contests
Disqualification
Effect of Divorce on Surviving Spouse Status
A divorced or annulled spouse is not a surviving spouse under the law. The only exception is if the couple remarried before one of them died. A legal separation does not end the marriage. As a result, a separated spouse can still inherit.
Slayer Rule: Forfeiting Inheritance Rights
The slayer rule stops a killer from profiting through the victim's estate. The killer loses all inheritance rights. This includes intestate shares, trust payouts, and beneficiary forms. Joint tenancy and community property with right of survivorship are severed.
Divorce Revokes Estate Plan Designations
When a marriage ends in divorce or annulment, state law automatically revokes any designations favoring the former spouse. This covers wills, trusts, beneficiary forms, and other governing instruments. It also revokes designations favoring the former spouse's relatives. Joint ownership is severed.
Nonvested Interests
Rule Against Perpetuities: Trust Duration
Arizona limits how long property can be tied up in a trust or other arrangement before it must vest in someone. A nonvested property interest or power of appointment is generally invalid unless it vests or terminates within 500 years of its creation.
When a Property Interest Is Created
This statute determines the starting point for measuring whether a property interest or power of appointment complies with Arizona's rule against perpetuities. The clock generally starts at creation under standard property law principles. Arizona recognizes exceptions for revocable powers and contributions to existing trusts.
Court Reformation for Perpetuities
If a property interest or trust provision violates Arizona's rule against perpetuities, the court does not simply void it. An interested person can petition the court to reform the arrangement. The court brings it as close as possible to the original plan while staying within the 500-year limit.
Venue for Probate and Administration; Priority to Administer; Demand for Notice
Where Probate Is Filed: Venue Rules
Arizona law determines where probate proceedings must be filed based on where the deceased person lived. If the person was domiciled in Arizona, the case belongs in that county's superior court. If they lived out of state but owned Arizona property, the case can be filed in any county where that property is located.
Conflicting Domicile Claims in Probate
When two states both claim a deceased person lived there, the court must resolve the conflict. If a probate case is already pending in another state, the local court must stay or dismiss its own case. The exception is when the local case was filed first.
Priority to Serve as Personal Representative
The probate process follows a specific order of priority for appointing a personal representative. The person named in the will comes first. The surviving spouse, other devisees, and heirs follow in order. Creditors and the public fiduciary come last.
Informal Probate and Appointment Proceedings
Informal Probate Application Process
Informal probate is a streamlined process. It allows a will to be admitted or a personal representative to be appointed without a court hearing. The application goes to the registrar instead of a judge. Only certain people are eligible to file.
Registrar's Role in Informal Probate
Once an application for informal probate is filed, the court registrar reviews it and issues a written statement if the requirements are met. The probate is considered conclusive unless a formal testacy proceeding later supersedes it.
Proof Required for Informal Probate
Before granting informal probate, the registrar must confirm several things. The application must be complete and the applicant must be eligible. Venue must be proper. The original will must be in the registrar's possession, and no prior probate order can exist for the same will.
- A.R.S. § 14-3304 When Informal Probate Is Unavailable
- A.R.S. § 14-3305 When a Registrar Declines Informal Probate
- A.R.S. § 14-3306 Informal Probate Notice Requirements
- A.R.S. § 14-3307 How Informal Appointment of a Personal Representative Works in Arizona
- A.R.S. § 14-3308 Proof Required for Informal Appointment
- A.R.S. § 14-3309 Registrar Declines Informal Appointment
- A.R.S. § 14-3310 Informal Appointment Notice Requirements
- A.R.S. § 14-3311 When Informal Appointment Is Unavailable
Formal Testacy and Appointment Proceedings
When Probate Requires a Judge
A formal testacy proceeding is a court hearing to decide whether a deceased person left a valid will. It can also challenge an informal probate or block a pending one. Once it begins, informal probate actions pause.
Formal Testacy Petition Requirements
When someone files a formal testacy proceeding, the petition must follow specific requirements. A petition to probate a will must identify the instrument and explain whether the original will is available. A petition to establish intestacy must identify the heirs.
Notice of Hearing in Formal Testacy
When a formal testacy proceeding begins, the court sets a hearing date. The petitioner must notify the surviving spouse, children, heirs, anyone named in a known will, and any current personal representative.
- A.R.S. § 14-3404 Written Objections to Probate of a Will
- A.R.S. § 14-3405 Uncontested Formal Testacy Proceedings
- A.R.S. § 14-3406 Contested Wills: When Witness Testimony Is Required
- A.R.S. § 14-3407 Burden of Proof in Contested Probate
- A.R.S. § 14-3408 Recognizing Probate Orders From Other States
- A.R.S. § 14-3409 Court Findings Before Probating a Will
- A.R.S. § 14-3410 When Multiple Wills Are Valid in Probate
- A.R.S. § 14-3411 Formal Testacy Proceedings and Partial Intestacy in Arizona
- A.R.S. § 14-3412 Effect of a Formal Testacy Order
- A.R.S. § 14-3413 Vacating a Testacy Order for Cause
- A.R.S. § 14-3414 Appointing a Personal Representative
- A.R.S. § 14-3415 Lost and Missing Wills in Probate
Supervised Administration
Supervised Administration in Probate
Supervised administration is a type of probate where the court oversees every step. The personal representative answers to the court and interested parties. It continues until the court approves final distribution.
Who Can Request Supervised Administration
Any interested person or personal representative can petition the court for supervised administration. The court will order it if the will requires it, if protection of interested persons demands it, or if the circumstances call for closer court oversight.
Supervised Administration Effect on Probate
Once someone files a petition for supervised administration, all informal probate actions are paused. The personal representative loses the power to distribute estate assets until the court rules. Other duties continue unless the court says otherwise.
Personal Representative; Appointment, Control and Termination of Authority
How a Personal Representative Qualifies
Before a personal representative can act on behalf of an estate, they must complete two steps. First, file any required bond with the court. Second, submit a written statement accepting the duties. Only after both steps are complete does the court issue letters.
Personal Representative Court Consent
By accepting appointment, a personal representative automatically submits to the court's jurisdiction. Any interested person can bring the representative before the court. This applies when disputes arise over trusts, estates, or related matters.
Personal Representative Bond Rules
A personal representative generally must post a surety bond before taking control of estate assets. The bond can be waived if the will says so, if all heirs or devisees file with the court a written waiver, or if the representative is a qualified financial institution.
- A.R.S. § 14-3604 How the Bond Amount Is Set for a Personal Representative in Arizona
- A.R.S. § 14-3606 Terms and Conditions of Personal Representative Bonds in Arizona
- A.R.S. § 14-3607 Restraining a Personal Representative
- A.R.S. § 14-3608 When a Representative's Role Ends
- A.R.S. § 14-3609 Representative Death or Incapacity
- A.R.S. § 14-3610 Ending a Representative's Appointment
- A.R.S. § 14-3611 Removing a Personal Representative
- A.R.S. § 14-3612 When Testacy Status Changes
- A.R.S. § 14-3613 Successor Personal Representatives
- A.R.S. § 14-3614 Appointing a Special Administrator
- A.R.S. § 14-3615 Special Administrator Eligibility
- A.R.S. § 14-3616 Informal Special Administrator: Powers
- A.R.S. § 14-3617 Special Administrator in Formal Proceedings
- A.R.S. § 14-3618 When a Special Administrator's Role Ends
Duties and Powers of Personal Representatives
When a Personal Representative's Duties Begin
A personal representative's legal authority starts the moment they are appointed. Arizona law also lets certain beneficial actions taken before formal appointment count retroactively. A person named in the will can handle funeral and burial arrangements before receiving official letters.
Priority Among Letters of Administration
When general letters of administration are issued to one personal representative, that person holds exclusive authority over the estate. If letters are mistakenly issued to a second person, the first appointee's authority takes priority. Good-faith actions by the second appointee remain valid.
General Duties of a Personal Representative
A personal representative is a fiduciary held to the same standards as a trustee. This means acting in the best interests of the estate. The representative must settle and distribute assets under the will and state law as quickly as possible. The representative also has standing to sue and be sued on behalf of the estate.
- A.R.S. § 14-3704 Acting Without Court Approval
- A.R.S. § 14-3705 Notice to Heirs and Devisees
- A.R.S. § 14-3706 Estate Inventory Preparation Duty
- A.R.S. § 14-3707 Hiring Appraisers for Estate Assets
- A.R.S. § 14-3708 Updating the Estate Inventory When New Property or Errors Are Found
- A.R.S. § 14-3709 Estate Property and Concealed Assets
- A.R.S. § 14-3710 Recovering Fraudulent Transfers
- A.R.S. § 14-3711 Personal Representative Powers
- A.R.S. § 14-3712 Breach of Fiduciary Duty Liability
- A.R.S. § 14-3713 Conflict of Interest Transactions
- A.R.S. § 14-3714 Third-Party Protection in Probate
- A.R.S. § 14-3715 Authorized Estate Transactions
- A.R.S. § 14-3716 Successor Representative: Same Duties
- A.R.S. § 14-3717 Co-Representatives and Joint Action
- A.R.S. § 14-3718 Surviving Personal Representative Powers
- A.R.S. § 14-3719 Personal Representative Compensation
- A.R.S. § 14-3720 Who Pays for Estate Litigation
- A.R.S. § 14-3721 Court Review of Representative Pay
- A.R.S. § 14-3722 How Court-Appointed Professionals Get Paid in Arizona Probate
Creditors' Claims
Notice to Creditors in Probate
A personal representative must publish a notice to creditors in a local newspaper once a week for three weeks. Known creditors also get direct written notice by mail. Potential creditors then have four months to file a claim or lose the right to collect.
Time Limits on Claims Against an Estate
Claims barred by a statute of limitations before the decedent died stay barred. For other claims, the limitations clock pauses for four months after death, then resumes. The personal representative may waive a limitations defense with the consent of all affected successors.
Nonclaim Statute Deadlines for Estates
Strict deadlines apply to creditors seeking to collect from a deceased person's estate. Claims that existed before death must generally be presented within two years of death or within the notice period. Claims that arise after death have separate deadlines.
- A.R.S. § 14-3804 How to Present Claims Against an Estate
- A.R.S. § 14-3805 Which Debts Get Paid First in Probate
- A.R.S. § 14-3806 Allowance of Claims in Probate
- A.R.S. § 14-3807 Payment of Estate Claims
- A.R.S. § 14-3808 Personal Representative Liability
- A.R.S. § 14-3809 Secured Claims in Estate Probate
- A.R.S. § 14-3810 Claims Not Yet Due in Probate
- A.R.S. § 14-3811 Counterclaims in Estate Probate
- A.R.S. § 14-3812 Execution and Levies Prohibited on Estates
- A.R.S. § 14-3813 Compromise of Claims Against an Estate
- A.R.S. § 14-3814 How Encumbered Assets Are Handled in Probate
- A.R.S. § 14-3815 Multi-State Estate Administration Duties
- A.R.S. § 14-3816 Distribution to Domiciliary Representative
Special Provisions Relating to Distribution
Successors' Rights Without Probate
Arizona law recognizes that heirs and devisees are entitled to estate property even without a formal probate proceeding. Devisees can establish title through a probated will. Intestate heirs can prove their right through ownership records, the death certificate, and proof of relationship. Successors still take property subject to creditor claims.
Which Estate Assets Are Used First
When an estate does not have enough assets to fulfill every gift in a will, the law sets a specific order for which gifts get reduced first. This process is called abatement. It protects specific bequests while drawing from undesignated property and residuary gifts before touching named items.
Right of Retainer: Heir Owes the Estate
If someone set to inherit from an estate also owes the estate money, the law allows the estate to offset that debt against the inheritance. The amount owed is subtracted from the heir's share before distribution. The heir keeps any legal defenses they would normally have.
- A.R.S. § 14-3904 Interest on Cash Gifts Left in a Will
- A.R.S. § 14-3906 Receiving Estate Assets Instead of Cash
- A.R.S. § 14-3907 How Estate Assets Are Formally Transferred
- A.R.S. § 14-3908 Distributee Title Rights After Distribution
- A.R.S. § 14-3909 When a Distributee Must Return Property
- A.R.S. § 14-3910 Purchaser Protection: Buying Property From an Estate Distributee
- A.R.S. § 14-3911 Dividing Shared Estate Property by Partition
- A.R.S. § 14-3912 Private Agreements Among Heirs on Division
- A.R.S. § 14-3913 Trustee Distributions and PR Safeguards
- A.R.S. § 14-3914 Unclaimed Assets When an Heir Is Missing
- A.R.S. § 14-3915 Distributing to a Disabled Beneficiary
- A.R.S. § 14-3916 Community Property in Probate Distribution
Closing Estates
Formal Proceedings to Close an Estate
When an estate is ready to be wrapped up, the personal representative or any interested person can petition the court for a complete settlement. The court reviews the final accounting, determines who is entitled to receive what, and formally closes the case with an order of distribution.
Settling an Informally Probated Will
When a will has been admitted to probate informally, the personal representative or a beneficiary can ask the court to settle the estate. The court does not formally rule on whether the will is valid. Instead, it construes the will, approves the distribution, and discharges the personal representative.
Closing an Estate by Filing a Verified Statement in Arizona
Arizona allows a personal representative to close an estate without a court hearing by filing a verified statement. This confirms they paid all debts, gave out all assets, and told all interested parties. If no one objects within a year, the role ends on its own.
Compromise of Controversies
Compromise Agreements in Estate Disputes
When an estate dispute arises over a will's validity or who is entitled to what, Arizona law allows all parties to negotiate a compromise. Once a court approves the settlement agreement, it binds everyone involved. This includes people who are unborn, cannot be found, or have not yet been identified.
Court Approval Process for Estate Compromise
Arizona law lays out a specific three-step process for getting court approval of a compromise in a probate dispute. The parties put the terms in writing, submit the agreement to the court, and then the court checks that the agreement is in good faith and fair to everyone involved.
Transfer of Title to Small Estates by Affidavit and Summary Administration Procedure
Small Estate Affidavit Collection
Heirs can collect a deceased person's personal property, vehicles, and even real estate without opening a full probate case. If the estate qualifies under specific dollar thresholds, a simple sworn affidavit can replace the entire probate process.
Effect of a Small Estate Affidavit
When someone pays or delivers property based on a valid small estate affidavit, the law protects them from liability. They get the same protection as if they had dealt with a court-appointed personal representative.
Summary Administration for Small Estates
When a probate estate is small enough, the personal representative can skip the formal creditor notice process. The estate can be distributed right away and closed with a simple sworn statement.
Powers of Foreign Personal Representatives
Property Delivery to a Foreign Rep
When someone who lived in another state passes away with debts or property here, the people holding those assets can pay or deliver them directly to the out-of-state personal representative. This is allowed after 60 days, provided certain conditions are met.
Payment Discharges: Foreign Reps
Someone may owe money or hold property for a deceased nonresident. Paying or giving it to the foreign personal representative in good faith gives the same legal protection as paying a local one. The debtor or holder is released from further liability.
Creditor Notice: Block Foreign Rep Pay
An Arizona creditor of a deceased nonresident can block the release of assets to the foreign personal representative. By notifying the debtor or property holder that payment should not be made, the creditor preserves their claim against the estate's Arizona assets.
Jurisdiction Over Foreign Representatives
Foreign PR Submitting to Court Jurisdiction
A personal representative from another state can trigger local court authority. Filing documents, collecting assets, or acting as a representative here all create this effect. This means the courts gain power over matters tied to that estate.
Jurisdiction Based on a Decedent's Actions
Courts can use jurisdiction over a foreign personal representative based on ties the deceased had to the state. If the decedent owned property or did business here, those ties carry over to the representative.
Serving a Foreign Personal Representative
The law allows service on an out-of-state personal representative by certified or registered mail. If that method is not available, first-class mail works. The representative gets at least 30 days to respond.
Judgments and Personal Representative
Guardians of Minors
How Guardianship of a Minor Begins in Arizona
A person becomes the guardian of a minor either by accepting a testamentary appointment (named in a will) or by being appointed through the court. Once guardianship is established, it continues regardless of where the guardian or the child lives, until the court formally terminates it.
Appointing a Guardian for Your Child Through Your Will
Arizona allows parents to name a guardian for their unmarried minor child in a will. The appointment takes effect when the named guardian files an acceptance with the court. Both parents must have passed away, or the surviving parent must have been found incapacitated.
Minor Objection to a Guardian
Arizona gives minors who are fourteen or older the right to object to a guardian named in a parent's will. The minor can block the appointment before it takes effect. The minor can also end one already accepted by filing a written objection.
- A.R.S. § 14-5204 Guardian Appointment for a Minor Child
- A.R.S. § 14-5205 Where to File Guardianship for a Minor
- A.R.S. § 14-5206 Minor's Right to Nominate a Guardian
- A.R.S. § 14-5207 Formal Process to Appoint a Minor's Guardian
- A.R.S. § 14-5208 Accepting a Guardianship Appointment
- A.R.S. § 14-5209 Powers and Duties of a Minor's Guardian
- A.R.S. § 14-5210 When a Guardian's Appointment Ends
- A.R.S. § 14-5211 Where Guardianship Proceedings Take Place After Appointment
- A.R.S. § 14-5212 Remove or Replace a Minor's Guardian
- A.R.S. § 14-5213 Blind Prospective Guardian Protections
Guardians of Incapacitated Persons
Guardian Appointment by Will
Arizona lets a parent or spouse name a guardian for a family member who cannot care for themselves. They can do this through a will or signed document. The appointment can be changed or revoked before the court confirms it. Family members and caregivers may file objections. An objection ends the appointment unless the court already confirmed it.
Guardian Appointment Effectiveness
A guardian appointment made through a will or signed writing does not take effect right away. It starts when the appointing parent or spouse dies, a court finds them unable to care for themselves, or a doctor says they can no longer provide care. The named guardian must then file paperwork within thirty days and ask the court to confirm the appointment.
How Guardians Are Appointed for Adults
A guardian for an incapacitated adult can be appointed in two ways. A parent or spouse may name one in a written document. The court can also appoint a guardian after a petition is filed. The guardianship stays in effect until the court ends it, no matter where the guardian or protected person lives.
- A.R.S. § 14-5301.03 Guardianship for Minors Nearing 18
- A.R.S. § 14-5301.04 Conservatorship for Minors Nearing 18
- A.R.S. § 14-5302 Where to File Guardianship Proceedings
- A.R.S. § 14-5303 Court Procedure to Appoint a Guardian
- A.R.S. § 14-5304 Court Findings Before Appointing a Guardian
- A.R.S. § 14-5304.01 Guardianship and Driving Privileges
- A.R.S. § 14-5304.02 Voting Rights Under Limited Guardianship
- A.R.S. § 14-5305 Guardian Acceptance and Court Jurisdiction
- A.R.S. § 14-5306 When Adult Guardianship Ends
- A.R.S. § 14-5307 Replacing or Removing a Guardian
- A.R.S. § 14-5308 Court Investigators in Guardianship Cases
- A.R.S. § 14-5309 Notice Requirements in Adult Guardianship Proceedings
- A.R.S. § 14-5310 Temporary Guardians for Incapacitated Adults
- A.R.S. § 14-5310.01 Adult Protective Services Visitation Warrants
- A.R.S. § 14-5311 Who Can Be Guardian for an Incapacitated Adult
- A.R.S. § 14-5312 Powers and Duties of a Guardian for an Incapacitated Adult
- A.R.S. § 14-5312.01 Guardian Authority for Inpatient Mental Health Treatment in Arizona
- A.R.S. § 14-5312.02 Guardian Admission for Mental Health Care
- A.R.S. § 14-5313 Where Guardianship Proceedings Take Place After Appointment
- A.R.S. § 14-5314 Who Gets Paid in Guardianship Proceedings
- A.R.S. § 14-5315 Guardian Annual Reports to the Court
- A.R.S. § 14-5316 Ward Rights to Relationships in Guardianship
- A.R.S. § 14-5317 Guardian Notice of Hospitalization or Death
Protection of Property of Persons Under Disability and Minors
When an Arizona Court Can Appoint a Conservator
Arizona law allows the court to appoint a conservator to manage the financial affairs of a minor or an incapacitated adult when property is at risk of being wasted or mismanaged. The court must find clear and convincing evidence that the person cannot manage their own estate before appointing a conservator.
Emergency Temporary Conservator Appointments
When someone's finances face immediate danger and no conservator is in place, the court can appoint a temporary conservator. This appointment can last up to six months. Built-in safeguards protect the person's rights throughout the process.
Court Jurisdiction in Arizona Conservatorship Cases
Once someone files a conservatorship petition and serves notice, the Arizona court takes exclusive control over the protected person's estate. The court decides how assets are managed, spent, and given out.
- A.R.S. § 14-5403 Where to File a Conservatorship Case
- A.R.S. § 14-5404 What a Conservatorship Petition Must Include in Arizona
- A.R.S. § 14-5405 Notice in Conservatorship Proceedings
- A.R.S. § 14-5406 Request Notice in Guardianship Cases
- A.R.S. § 14-5407 What Happens at a Conservatorship Hearing
- A.R.S. § 14-5408 Court Powers Over a Protected Person's Estate
- A.R.S. § 14-5409 Protective Arrangements Without a Conservator
- A.R.S. § 14-5410 Who Can Be Appointed as a Conservator
- A.R.S. § 14-5411 Bond Requirements for Conservators
- A.R.S. § 14-5412 Conservator Bond Requirements and Surety Rules
- A.R.S. § 14-5413 Conservator Acceptance and Jurisdiction
- A.R.S. § 14-5414 Conservatorship Compensation and Expenses
- A.R.S. § 14-5414.01 Veterans' Conservatorship Fund
- A.R.S. § 14-5415 Conservator Resignation or Substitution
- A.R.S. § 14-5416 Petitions After Conservator Appointment
- A.R.S. § 14-5417 General Duty of a Conservator
- A.R.S. § 14-5418 Conservator Inventory and Records Requirements in Arizona
- A.R.S. § 14-5419 Conservator Accounting Requirements
- A.R.S. § 14-5420 Conservator Title to Property
- A.R.S. § 14-5421 Recording Conservator Letters
- A.R.S. § 14-5422 Conservator Conflict of Interest Rules in Arizona
- A.R.S. § 14-5423 Good Faith Protection in Conservator Deals
- A.R.S. § 14-5424 Conservator Powers Over a Protected Estate
- A.R.S. § 14-5425 Conservator Fund Distribution for Care
- A.R.S. § 14-5426 Expanding or Limiting Conservator Powers
- A.R.S. § 14-5427 Preserving a Protected Person's Estate Plan
- A.R.S. § 14-5428 Creditor Claims Against a Protected Estate
- A.R.S. § 14-5429 Conservator Personal Liability Rules
- A.R.S. § 14-5430 Terminating a Conservatorship
- A.R.S. § 14-5431 Paying Debts to an Out-of-State Conservator in Arizona
- A.R.S. § 14-5432 Foreign Conservator Powers Over Local Property
- A.R.S. § 14-5433 Probate Fund: Protecting Estates and Wards
Powers of Attorney
Creating a Valid Durable Power of Attorney
A durable power of attorney is a written document that lets you name someone to handle money matters on your behalf. It stays valid even if you later lose the ability to act for yourself. The law requires a witness and notary to make it official.
Durable POA Remains Valid During Disability
When someone signs a durable power of attorney, the agent's authority stays active if the principal becomes incapacitated. Every action the agent takes during the disability carries full legal effect.
Court-Appointed Fiduciary and Your POA Agent
If a court appoints a conservator after a durable power of attorney (POA) is signed, the agent answers to that fiduciary. The fiduciary can also revoke or amend the POA, just as the principal could.
Public Fiduciary
Public Fiduciary Office in Counties
Every county is required to establish a public fiduciary office. The public fiduciary is appointed by the county board of supervisors and certified by the supreme court. This office serves people who need a guardian, conservator, or estate administrator when no one else is available.
Public Fiduciary Duties and Appointment
Courts appoint a public fiduciary when someone needs a guardian, conservator, or estate manager. This happens only when no other qualified person or entity is willing to serve. The public fiduciary also steps in when law enforcement cannot find the heirs of a deceased person.
Public Fiduciary Funds and Investment
When a public fiduciary manages someone's estate, all funds must be deposited in the county treasury or in insured financial institutions. The public fiduciary can also establish or continue an investment plan for a ward, but only with court approval and a surety bond if required.
Fiduciaries
Fiduciary Licensure and Qualifications
Anyone who serves as a court-appointed guardian, conservator, or personal representative for an unrelated person must hold a license issued by the Supreme Court. The licensing program sets minimum qualifications, requires background checks, and establishes a code of conduct.
Attorneys Serving as Fiduciaries
Helping a fiduciary, settlor, or testator as an attorney does not create a legal duty to third parties. However, an attorney who serves as a trustee or personal representative must reveal key facts. They must disclose any past or current work for anyone with an interest in the estate or trust.
Fiduciary Arrest Warrants
Fiduciary Arrest Warrants Explained
When a fiduciary is ordered to appear in court and fails to show up after receiving actual notice, the court can issue a fiduciary arrest warrant. This enforcement tool applies to cases under Title 14 (estates and trusts) and Title 41 (veterans' services).
Executing a Fiduciary Arrest Warrant in Arizona
Once a court issues a fiduciary arrest warrant, officers can carry it out at any time. The officer must tell the arrested person about the warrant. They may use reasonable force to enter buildings. The arrested person must see a judge within twenty-four business hours.
Procedure After a Fiduciary Arrest
After a fiduciary is arrested under a fiduciary arrest warrant, the court advises them of the proceedings and sets a date for the next appearance. The arrested person can be released by paying the court-ordered amount. Those funds are held by the clerk until the court directs how they should be applied.
Supported Decision-Making Agreements
Supported Decision-Making Definitions
The law defines the terms used in supported decision-making agreements. These agreements let adults with disabilities get help making life decisions without giving up control. The statute spells out who qualifies, what a supporter can do, and what counts as intimidation.
How Supported Decision-Making Agreements Work in Arizona
Arizona allows adults with disabilities to enter formal agreements with a supporter. The supporter helps them understand options, gather information, and communicate decisions. The supporter does not make decisions for the adult and cannot sign legal documents on the adult's behalf.
Accounts
Multiple-Party Account Definitions
The law defines the terms used for joint bank accounts, pay-on-death accounts, and other multi-owner deposit arrangements. These definitions determine who owns the money during life, who inherits it at death, and what rights banks have when processing transactions.
Accounts Excluded From Multi-Party Rules
The multi-party account rules govern how joint bank accounts, pay-on-death designations, and agency designations work. But not every account qualifies. This statute identifies three types of accounts that fall outside these rules: business accounts, organizational accounts, and fiduciary accounts.
Types of Multi-Party Bank Accounts
The law recognizes several types of bank accounts based on how many people own them and what happens when one owner dies. An account can be single-party or multi-party, with or without survivorship rights. It may include a pay-on-death designation or an agency designation.
- A.R.S. § 14-6204 Standard Form for Multi-Party Bank Accounts
- A.R.S. § 14-6205 Agent Designations on Bank Accounts
- A.R.S. § 14-6206 Multi-Party Account Ownership Limits
- A.R.S. § 14-6211 Who Owns Money in a Joint Bank Account
- A.R.S. § 14-6212 Joint Bank Account When Owner Dies
- A.R.S. § 14-6213 Changing Survivorship Rights on a Bank Account
- A.R.S. § 14-6214 Nontestamentary Bank Transfers at Death
- A.R.S. § 14-6216 Community Property Rules for Bank Accounts
- A.R.S. § 14-6221 What Types of Accounts Can Arizona Financial Institutions Offer?
- A.R.S. § 14-6222 Bank Payment From Joint Accounts After Death
- A.R.S. § 14-6223 How Pay-on-Death Accounts Are Paid Out
- A.R.S. § 14-6224 Agency Accounts: Payment to an Agent
- A.R.S. § 14-6225 How Banks Pay Account Funds to Minors
- A.R.S. § 14-6226 When a Bank Is Protected After Payout
- A.R.S. § 14-6227 Bank Setoff Rights on Multi-Party Accounts
Securities
TOD Security Registration: Key Definitions
This statute defines the core terms used in the Uniform TOD Security Registration Act. It covers what counts as a security, a security account, a beneficiary form, and a registering entity. These definitions set the foundation for how investment accounts pass to beneficiaries outside of probate.
Securities Registered in Beneficiary Form
Arizona lets owners register securities in beneficiary form. This means the investment passes directly to a named person at death. The account must show sole ownership or joint ownership with right of survivorship.
Which Law Governs Beneficiary Form Registration
When a security is registered in beneficiary form, questions can arise about which state's law controls. Arizona says the registration is valid if any connected state allows it. This includes the state where the issuer or transfer agent is located.
- A.R.S. § 14-6304 Registered in Beneficiary Form Defined
- A.R.S. § 14-6305 TOD and POD Designations on Securities
- A.R.S. § 14-6306 TOD Registration During Your Lifetime
- A.R.S. § 14-6307 TOD Securities When the Owner Dies
- A.R.S. § 14-6308 TOD Securities: Registering Entity Protection
- A.R.S. § 14-6310 TOD Securities Registration: Terms, Conditions, and Beneficiary Forms
- A.R.S. § 14-6311 When TOD Securities Registration Rules Apply
Revised Uniform Principal and Income Act
Trust Principal and Income Act: Key Terms
The Uniform Principal and Income Act defines the key terms that govern trust income and principal. These terms set the foundation for how trustees split receipts and expenses between current and future beneficiaries.
Fiduciary Duties: Trust Income and Principal
The law sets a clear order for how a fiduciary splits receipts and expenses between trust income and principal. The trust document comes first. If the trust gives discretion, that discretion controls. If the trust is silent, the default rules apply. The fiduciary must act fairly toward all beneficiaries.
Trustee's Power to Adjust Between Principal and Income
Trustees have the authority to shift money between principal and income when following the trust's literal terms would be unfair to either current or future beneficiaries. This power to adjust is a safety valve. It allows a trustee who invests prudently to rebalance distributions fairly.
- A.R.S. § 14-7404 Court Review of Fiduciary Discretion
- A.R.S. § 14-7405 Net Income: Determined and Distributed After Death
- A.R.S. § 14-7406 Residuary and Remainder Beneficiary Income
- A.R.S. § 14-7407 When Trust Income Rights Begin and End
- A.R.S. § 14-7408 Apportioning Receipts When Income Interests Begin
- A.R.S. § 14-7409 Undistributed Income When a Trust Interest Ends
- A.R.S. § 14-7410 Trust Receipts From Entities: Income or Principal
- A.R.S. § 14-7411 Classifying Trust Distributions From Another Trust
- A.R.S. § 14-7412 Trust Accounting for Business Activities
- A.R.S. § 14-7413 What Counts as a Principal Receipt in Trust Accounting
- A.R.S. § 14-7414 How Rental Property Income Is Classified in Arizona Trust Accounting
- A.R.S. § 14-7415 Interest and Bond Proceeds in Trust Accounting
- A.R.S. § 14-7416 Insurance Proceeds Allocation in Trusts
- A.R.S. § 14-7417 When Trustees Can Skip Small Allocations
- A.R.S. § 14-7418 Deferred Comp & Annuity Trust Payments
- A.R.S. § 14-7419 How Liquidating Assets Work in a Trust
- A.R.S. § 14-7420 Mineral & Resource Income in a Trust
- A.R.S. § 14-7421 How Timber Receipts Are Allocated in an Arizona Trust
- A.R.S. § 14-7422 When Trust Property Does Not Produce Enough Income
- A.R.S. § 14-7423 Derivatives & Options in Trusts
- A.R.S. § 14-7424 Asset-Backed Securities in Trusts
- A.R.S. § 14-7425 Trust Expenses Paid From Income
- A.R.S. § 14-7426 Trust Expenses Paid From Principal
- A.R.S. § 14-7427 Depreciation Transfers in Trusts
- A.R.S. § 14-7428 Reimbursing Principal From Trust Income
- A.R.S. § 14-7429 How Trust Income Taxes Are Allocated Between Principal and Income
- A.R.S. § 14-7430 Tax Adjustments: Trust Principal & Income
- A.R.S. § 14-7431 Trustee Notice of Proposed Action
Uniform Fiduciaries Act
Fiduciary Obligation Definitions
Arizona law defines the core terms for fiduciary transactions. A fiduciary includes trustees, executors, administrators, guardians, and conservators. Understanding these definitions is essential. The protections and obligations in the Uniform Fiduciaries Act depend on how each role is classified.
Good-Faith Payments to a Fiduciary
If you pay money or transfer property to an authorized fiduciary in good faith, Arizona law protects you from liability. Even if the fiduciary later misuses those funds, your payment is valid. Any rights you acquired through the transaction remain intact.
Fiduciary Transfers of Negotiable Instruments
When a fiduciary endorses a check or promissory note, the recipient does not have to investigate. Arizona law protects them unless they know about a breach of duty or act in bad faith.
- A.R.S. § 14-7504 Fiduciary Checks Payable to Third Parties
- A.R.S. § 14-7505 Checks Drawn by and Payable to a Fiduciary
- A.R.S. § 14-7506 Fiduciary Deposit Accounts at Banks
- A.R.S. § 14-7507 Fiduciary Checks on a Principal's Account
- A.R.S. § 14-7508 When a Fiduciary Deposits Trust Funds Into a Personal Account
- A.R.S. § 14-7509 Trust Deposits With Multiple Trustees
- A.R.S. § 14-7510 Gap-Filling Rules for Fiduciary Deals
- A.R.S. § 14-7511 Fiduciaries Act: Uniform Interpretation
- A.R.S. § 14-7512 Uniform Fiduciaries Act: Short Title
Arizona Uniform Transfers to Minors Act
Key Definitions Under Arizona's Uniform Transfers to Minors Act
The Uniform Transfers to Minors Act (UTMA) uses specific definitions for terms like 'adult,' 'minor,' 'custodian,' and 'custodial property.' Notably, a minor is anyone under 21 years of age, not eighteen. These definitions shape how custodial accounts and transfers work throughout the act.
When Arizona's Uniform Transfers to Minors Act Applies
Arizona's UTMA applies to any transfer that names the act. At the time of the transfer, the transferor, the minor, or the custodian must live in Arizona. The custodial property can also be located here. Once created under the act, the custodianship stays under Arizona law even if everyone moves away.
Nominating a UTMA Custodian for a Minor
A person can name a custodian in advance to manage property for a minor. The nomination can go in a will, trust, deed, or beneficiary form. It takes effect when the triggering event occurs and the property is transferred.
- A.R.S. § 14-7654 Transferring Property to a Minor by Gift Under Arizona's UTMA
- A.R.S. § 14-7655 Custodial Transfers by Will or Trust
- A.R.S. § 14-7656 Fiduciary Transfers Without Will or Trust
- A.R.S. § 14-7657 Obligor Transfers of Property to Minors
- A.R.S. § 14-7658 Custodian Receipt as Proof of Transfer
- A.R.S. § 14-7659 Creating Custodial Property and Transferring Assets to a Minor
- A.R.S. § 14-7660 One Custodian per Minor Under the UTMA
- A.R.S. § 14-7661 Validity and Effect of a UTMA Transfer
- A.R.S. § 14-7662 Custodian Duties: Managing Property for a Minor
- A.R.S. § 14-7663 Powers of a UTMA Custodian in Arizona
- A.R.S. § 14-7664 Using Custodial Property for a Minor's Benefit
- A.R.S. § 14-7665 Custodian Expenses, Compensation and Bond
- A.R.S. § 14-7666 Third-Party Protection in Custodial Transfers
- A.R.S. § 14-7667 Custodian and Minor Liability Rules
- A.R.S. § 14-7668 Replacing a Custodian Under the UTMA
- A.R.S. § 14-7669 Custodian Accounting and Liability
- A.R.S. § 14-7670 When Custodianship Ends Under the UTMA
- A.R.S. § 14-7671 When Arizona's Uniform Transfers to Minors Act Applies
Community Property
Premarital Agreement Definitions Under Arizona Law
A premarital agreement is a written contract between two people who plan to marry. Arizona law defines property broadly. It covers present and future interests in real or personal property, including income and earnings.
Enforcing a Prenuptial Agreement
A premarital agreement must be in writing and signed by both parties. It becomes effective once the marriage takes place. It can be challenged if one party did not sign voluntarily or if the terms were unconscionable and proper financial disclosure was not provided.
What a Premarital Agreement Covers
Couples have broad freedom in what a premarital agreement can cover. It can address property rights, spousal support, life insurance, trusts, and wills. It can also cover nearly any other financial matter. The one firm limit: it cannot reduce a child's right to support.
Management and Disposition of Community Property
Community Property During Marriage
All property that either spouse gets during the marriage is community property. Both spouses own it equally. The main exceptions are gifts, inheritances, and property gained after a divorce petition is filed. Filing does not change the status of property that is already community property.
Separate Property: What Belongs to One Spouse
In Arizona, property you owned before marriage stays yours alone. The same applies to gifts and inheritances received during the marriage. This statute defines what counts as separate property. It explains how these assets stay protected from community property rules.
Management and Control of Community Property
Arizona gives both spouses equal management and control rights over community property. Either spouse can handle most transactions alone. But certain major actions need both spouses to agree and sign together. These include real estate deals and guarantees.
Uniform Premarital Agreement Act
Grounds for Dissolution of Marriage
Arizona's superior courts have the authority to dissolve a marriage or declare it void. This statute establishes the legal basis for ending a marriage, which operates as a no-fault divorce process.
Annulment Procedure and Property Division
When a marriage is annulled in Arizona, the court follows the same steps used in a divorce. The annulment process covers property division, child custody, and support. The court handles these matters the same way it would in a divorce case.
Uniform Premarital and Marital Agreements Act
Filing for Divorce or Legal Separation
Arizona's superior court handles all divorce, annulment, and legal separation cases. You must file the petition under the Arizona Rules of Family Law Procedure. Only the superior court has jurisdiction over these cases.
Dissolution of Marriage: Court Findings
Before granting a divorce, the superior court must confirm specific findings. At least one spouse must have lived in the state for 90 days. The marriage must be irretrievably broken. Any applicable conciliation requirements must have been met.
Legal Separation: Requirements and Differences
Arizona allows married couples to get a legal separation instead of a divorce. The court addresses community property, spousal support, and custody. The marriage remains legally intact. Either party can later file for divorce, or both can agree to end the separation.
- A.R.S. § 25-314 Divorce or Separation Petition Contents
- A.R.S. § 25-315 Automatic Preliminary Injunction in Divorce
- A.R.S. § 25-316 Temporary Orders During Divorce Cases
- A.R.S. § 25-317 Separation Agreements: What They Cover
- A.R.S. § 25-318 How Courts Divide Property in Divorce
- A.R.S. § 25-319 Spousal Maintenance Eligibility and Factors
- A.R.S. § 25-320 How the Court Determines Child Support
- A.R.S. § 25-321 Court-Appointed Counsel for Children
- A.R.S. § 25-322 How Support Payments Work
Dissolution of Marriage
Arizona's Summary Consent Decree for Uncontested Divorce
If both spouses reach a complete settlement before either files for divorce, they can use Arizona's summary consent decree procedure to obtain the decree more quickly. The combined petition and response shortens the timeline and reduces court involvement when the parties agree on every issue.
Arizona Cannot Divide Veteran Disability Benefits in Divorce
Arizona courts cannot consider or indemnify around federal disability benefits awarded to a veteran for service-connected disabilities under 10 U.S.C. 1413a or 38 U.S.C. Chapter 11 when dividing property at dissolution. The rule protects veterans' core disability income from indirect division.
Arizona's Rule Denying Community Property to a Convicted Spouse
When a spouse is convicted of a qualifying offense, Arizona courts cannot award community property to the convicted spouse in the related dissolution. The rule lets innocent spouses retain the marital estate when their partner's criminal conduct was the cause of the divorce.
- A.R.S. § 25-318.3 Arizona's Rule on Dividing In Vitro Human Embryos in Divorce
- A.R.S. § 25-320.2 Arizona's Tax Practitioner Review Option for Self-Employed Child Support Cases
- A.R.S. § 25-323 Arizona's Assignment of Income for Child Support and Spousal Maintenance
- A.R.S. § 25-323.3 Arizona's Standard Forms for Income Assignment Proceedings
- A.R.S. § 25-324 Arizona Attorney Fees in Dissolution and Family Law Proceedings
- A.R.S. § 25-325 Arizona Dissolution Decree Finality and Restoration of a Former Name
- A.R.S. § 25-326 Decree Obligations Stand Alone Even When One Side Stops Paying
- A.R.S. § 25-327 When Maintenance, Support, and Property Awards Can Change After a Divorce
- A.R.S. § 25-328 Arizona's Required Order of Issues When Custody Is Contested
- A.R.S. § 25-329 Arizona's Sixty-Day Waiting Period for Dissolution Hearings
- A.R.S. § 25-330 Arizona's Right to Information From Employer in Support Cases
- A.R.S. § 25-331 Arizona's Written Notice About Findings of Fact in Family Cases
Alienation of Affections
Domestic Relations Education on Children's Issues
Arizona's Domestic Relations Education Program for Divorcing Parents
Each Arizona county must adopt and run an educational program that explains the impact of divorce on adults and children. The supreme court sets minimum standards and the presiding judge in each county submits the plan. Content covers the effects of divorce, alternatives, marriage resources, the legal process, and post-divorce supports.
Who Must Attend Arizona's Divorce Parent Education Program
When an Arizona dissolution, legal separation, or annulment involves a minor child common to the parties, or a paternity case requests custody, parenting time, or child support, the court must order both parties to complete the education program. The court can excuse a party only after finding the order would not serve the child's best interests.
What Happens When a Parent Skips Arizona's Divorce Education Program
If a party ordered to attend the divorce education program does not complete it, the court can deny relief in that party's favor, hold the party in contempt, or impose another reasonable sanction. The penalty is meaningful and often shifts leverage in the underlying parenting or support dispute.
Court of Conciliation
The Purposes of Arizona's Court of Conciliation
Arizona's Court of Conciliation exists to protect family life, the institution of marriage, and the rights of children, and to provide a forum for reconciliation between spouses or amicable settlement of domestic and family controversies. The purpose statement frames every other section in the article.
Definitions for Arizona's Court of Conciliation
This short section defines conciliation court as the court of conciliation provided for in this article. The definition matters because the rest of the article refers to the conciliation court repeatedly, and the definition links those references back to the specific court a county has established.
When Arizona's Court of Conciliation Article Applies
The Court of Conciliation article applies only in counties where the superior court has established a conciliation court by rule or order. Once a county does so, the superior court has jurisdiction under the article. The opt-in design lets each county decide whether to use the conciliation framework.
- A.R.S. § 25-381.04 How Arizona Counties Staff the Conciliation Court With Judges
- A.R.S. § 25-381.05 Transferring Cases Out of Arizona's Conciliation Court
- A.R.S. § 25-381.06 Arizona's Court of Conciliation Director and Support Staff
- A.R.S. § 25-381.07 What Arizona's Director of Conciliation Actually Does
- A.R.S. § 25-381.08 When Arizona's Conciliation Court Has Jurisdiction
- A.R.S. § 25-381.09 How to Invoke Arizona's Court of Conciliation
- A.R.S. § 25-381.10 The Required Caption for an Arizona Conciliation Petition
- A.R.S. § 25-381.11 What Must Be in an Arizona Conciliation Petition
- A.R.S. § 25-381.12 Free Conciliation Petition Forms From Arizona Clerks
- A.R.S. § 25-381.13 Arizona's No-Fee Rule for Conciliation Petitions
- A.R.S. § 25-381.14 Hearing Schedule and Notice in Arizona's Conciliation Court
- A.R.S. § 25-381.15 Where and When Arizona's Conciliation Court Holds Hearings
- A.R.S. § 25-381.16 How Arizona Conciliation Hearings Are Conducted
- A.R.S. § 25-381.17 Conciliation Court Orders and Reconciliation Agreements in Arizona
- A.R.S. § 25-381.18 Arizona's Sixty-Day Stay When a Conciliation Petition Is Filed
- A.R.S. § 25-381.19 Court-Initiated Transfer to Arizona's Conciliation Court
- A.R.S. § 25-381.20 When Arizona's Conciliation Court Can Take a Case Without Minor Children
- A.R.S. § 25-381.21 How to Read Arizona's Court of Conciliation Article Alongside Divorce Law
- A.R.S. § 25-381.22 Repeat Conciliation Petitions in Arizona and the One-Year Rule
- A.R.S. § 25-381.23 Arizona Counties' Option for Mandatory Conciliation Hearings
- A.R.S. § 25-381.24 Contract Counselors for Arizona's Small-County Conciliation Courts
Homesteads
Homestead Exemption: Equity Protected
The law protects up to $400,000 in home equity from creditor claims, execution, and forced sale. Any resident age 18 or older can hold a homestead exemption on their primary residence. This applies whether that home is a house, condo, mobile home, or other dwelling.
Homestead Exemption Is Automatic
You do not need to file or record any document to claim a homestead exemption. The protection applies automatically by operation of law. However, if a creditor asks you to designate which property is your homestead, you must respond within 30 days.
How Far the Homestead Exemption Reaches
The homestead exemption protects your primary residence from forced sale by most creditors. However, the protection has clear exceptions. These include mortgages, mechanics' liens, child support arrearages, and judgments that exceed the exemption amount.
Personal Property Exemptions
Personal Property Exemption Definitions
The personal property exemption laws use two key terms. A 'debtor' is any person, married or single, who uses property for personal or household needs. 'Process' covers every judicial tool a creditor might use to collect a debt.
When Property Exemptions Do Not Apply
Personal property exemptions do not protect items pledged as loan collateral or items being leased. If you gave a creditor a security interest, that creditor can still enforce their rights.
$15,000 Household Goods Exemption
The law protects up to $15,000 in household furniture, furnishings, appliances, and consumer electronics from creditor claims. This amount adjusts annually based on changes in the consumer price index, rounded up to the nearest $100.
- A.R.S. § 33-1124 Food, Fuel, and the Six-Month Exemption
- A.R.S. § 33-1125 Personal Items Exempt from Creditors
- A.R.S. § 33-1126 Money, Insurance, and Retirement Exemptions
- A.R.S. § 33-1127 School Equipment Exempt from Creditors
- A.R.S. § 33-1128 Fire Fighting Equipment Creditor Exemption
- A.R.S. § 33-1129 Public Property Exempt from Creditors
- A.R.S. § 33-1130 Tools and Equipment Protected from Creditors
- A.R.S. § 33-1131 Wage Garnishment Limits and Protections
- A.R.S. § 33-1132 Property Exemption Rights Cannot Be Waived
- A.R.S. § 33-1133 Opt-Out from Federal Bankruptcy Exemptions
Personal Property Exemption
Exemption From Execution of Foreign Judgment
Arizona Shields Retirement Income From Out-of-State Tax Judgments
Arizona protects retirees from another state trying to collect income tax on pension or retirement benefits the retiree received after moving to Arizona. This protection covers all property of the judgment debtor, including community, joint, and separate property. It applies even after the debtor dies.
How to Claim and Record an Exemption Under Arizona Law
To get the protection of the exemption against out-of-state pension tax judgments, the property owner must record a written, sworn claim with the county recorder. Once recorded, the protection takes effect immediately and applies even to judgments that existed before the recording. Any sale that violates the exemption is void.
How an Arizona Exemption Claim Can Be Abandoned
An exemption claim under this article can be abandoned by formal declaration or waiver, or by permanently leaving Arizona. Short trips do not trigger abandonment. The claimant can be away up to two years without losing the protection. Any abandonment must be recorded to be effective.
Classification of Estates
Estate Classifications: Five Property Types
Arizona divides property interests into five categories based on how long the holder's interest lasts. These include fee simple (full ownership), life estates, estates for years, estates at will, and estates by sufferance. Fee tail estates, which lock property into a family bloodline, are not allowed.
Freehold and Chattel Estates Explained
Arizona groups property estates into three legal categories. Freehold estates include fee simple ownership and life estates. Chattels real are fixed-term leases. Chattel interests cover at-will and sufferance arrangements, which cannot be seized and sold to satisfy debts.
Estates in Possession vs. Expectancy
Arizona divides property interests based on timing. An estate in possession gives the owner an immediate right to use the property. An estate in expectancy means the right to possession is delayed until a future date or until another interest ends.
Particular Estates
Estates in Expectancy: Future Property Interests
Arizona law allows property interests to be created that take effect at a future date. These future interests, called estates in expectancy, can be inherited, passed through a will, or sold. Only the types of future interests recognized in this chapter are valid.
Alternative Future Estates: Backup Property Plans
Arizona allows property owners to create multiple future interests that take effect in sequence. If the first future interest fails to vest, the next one in line steps in automatically. This provides a built-in backup plan for property transfers.
When a Future Property Interest Is Created
Arizona law pins the creation of a future property interest to a specific moment. If the interest is created by a deed or grant, it exists from delivery. If it is created by a will, it exists from the date of the testator's death.
- A.R.S. § 33-224 Fee Tail Treated as Fee Simple
- A.R.S. § 33-225 Protecting Future Property Interests
- A.R.S. § 33-226 How a Future Interest Can Be Defeated
- A.R.S. § 33-227 Contingent Remainders as Conditional Limitations
- A.R.S. § 33-228 Contingent Remainders Cannot Be Destroyed
- A.R.S. § 33-231 Rule in Shelley's Case Abolished
- A.R.S. § 33-233 Life Estates Within a Term of Years
- A.R.S. § 33-234 When Remainders Take Effect After Life Estates
- A.R.S. § 33-236 How Arizona Interprets "Heirs" and "Issue" in Property Transfers
- A.R.S. § 33-237 Posthumous Children and Future Estates
- A.R.S. § 33-239 Using Accumulated Rents and Profits to Support a Minor in Arizona
- A.R.S. § 33-240 Rents and Profits When Property Cannot Be Sold
Perpetuities
Conservation Easements
What Counts as a Conservation Easement in Arizona
A conservation easement is a recorded, nonpossessory interest that limits how land may be used in order to protect its natural, scenic, agricultural, or historic value. This section defines the easement, the conservation purposes it can serve, who is allowed to hold one, and what a third party right of enforcement is.
Creating and Recording a Conservation Easement in Arizona
A conservation easement may be created, conveyed, modified, or terminated much like other easements, but only voluntarily and only with the right parties signing. It takes legal effect once the holder accepts it and the acceptance is recorded. Unless the document says otherwise, the easement lasts indefinitely.
Court Actions Over Arizona Conservation Easements
This section lists who may bring a court action affecting a conservation easement, including the owner, the holder, and any third party with enforcement rights. Courts keep their power to modify or terminate an easement under principles of law and equity, while weighing the public interest the easement was created to serve.
Recording
Why Recording Real Estate Documents Matters
A deed, mortgage, or other real property document does not give notice to future buyers or lenders unless recorded. This means an unrecorded document may still be valid between the original parties. However, it cannot protect against a later buyer who had no knowledge of it.
Transferor's Duty to Record Deeds
When real property is sold or transferred, the person making the transfer must record the document within sixty days. If they fail to do so, they must pay back the buyer for any losses. This includes attorney fees and punitive damages.
Unrecorded Deeds: Effect on Buyers and Creditors
An unrecorded deed, mortgage, or other transfer of real property is void against creditors and later good-faith buyers. Between the original parties, the unrecorded document remains valid.
- A.R.S. § 33-413 Unrecorded Marriage Contracts & Third-Party Rights
- A.R.S. § 33-414 Recording Judgments on Real Property Title
- A.R.S. § 33-415 Master Mortgages & Incorporation by Reference
- A.R.S. § 33-416 Recording a Deed as Constructive Notice
- A.R.S. § 33-417 Validity of a Recorded Instrument by Date
- A.R.S. § 33-418 Pre-1865 Conveyances & Historical Land Records
- A.R.S. § 33-419 Recorded Instruments and New County Lines
- A.R.S. § 33-420 False Liens and Fraudulent Documents
- A.R.S. § 33-420.01 Line of Credit Suspension During a Sale
- A.R.S. § 33-421 Rules for Recording Liens Against Property
- A.R.S. § 33-422 Disclosure Affidavit for Land Sales
- A.R.S. § 33-423 Third-Party Property Disclosure Reports
- A.R.S. § 33-424 Disclosure Report Misrepresentation
Joint Tenancy and Community Property with Right of Survivorship
Joint Tenancy and Survivorship Rights
Property grants to two or more people default to tenancies in common, not joint tenancies. To create joint tenancy with right of survivorship or community property with right of survivorship, the deed must expressly say so. Either form of survivorship can be terminated by recording an affidavit.
Presumption of Fee Simple Conveyance
When property is transferred, the law presumes the full ownership interest (fee simple) is being conveyed. The deed does not need to include specific common law language. If the grantor intends a lesser estate, the deed must expressly say so.
Deeds That Transfer Too Much
If someone signs a deed claiming to transfer more ownership than they actually have, the transfer is not void. Whatever interest in the property the person does hold passes to the new owner. Nothing beyond that transfers.
- A.R.S. § 33-434 Covenants Between Buyer and Seller
- A.R.S. § 33-435 Implied Covenants in Arizona Deeds: What 'Grant' and 'Convey' Promise
- A.R.S. § 33-436 When a Deed Condition Can Be Disregarded
- A.R.S. § 33-437 Defective Deeds as Contracts to Convey
- A.R.S. § 33-438 Buyer Protections for Property Liens
- A.R.S. § 33-439 Solar Energy Devices & Deed Restrictions
- A.R.S. § 33-440 Private Covenants & HOA Declarations
- A.R.S. § 33-441 For Sale Signs & HOA Restrictions
- A.R.S. § 33-442 Transfer Fee Covenants: What Arizona Prohibits
Rules of Construction and Interpretation
Seller's Duty to Disclose Soil Remediation in Arizona
If you are selling Arizona real estate that has gone through soil remediation under environmental rules, and you know about it, you must give the buyer written notice before transferring ownership. The disclosure rule does not apply when the cleanup met the standards for residential use.
Arizona's Foreign Adversary Land Ownership Prohibition
Arizona prohibits a foreign adversary nation or foreign adversary agent from acquiring a substantial interest in Arizona real property, whether by purchase, grant, devise, or any other transfer. The attorney general enforces the rule, and a violation can result in divestiture and forced sale of the property.
Power of Conveyance
Separate Property: When a Spouse Acts Alone
A married person who is 18 or older can sell or transfer their separate property alone. The other spouse does not need to sign the deed or agree to the sale.
Community Property: Both Spouses Must Sign
Arizona requires both spouses to sign any conveyance or encumbrance of community property. A deed, mortgage, or transfer signed by only one spouse is not effective. The one exception involves unpatented mining claims.
Selling or Encumbering the Family Homestead
Arizona protects the family homestead by requiring both spouses to join in any conveyance or encumbrance. Each spouse must sign and acknowledge the deed or mortgage. The one exception is when the homestead is titled as the sole and separate property of one spouse.
Acknowledgments
Who Can Take a Deed Acknowledgment in Arizona
An acknowledgment of a deed, mortgage, or other instrument made in Arizona may be taken before a judge, a court clerk or deputy clerk with seal, a recorder of deeds, a notary public, a justice of the peace, or a county recorder. The right official is what makes the recorded document admissible as proof of conveyance.
Acknowledgment by a Married Woman in Arizona
A married woman acknowledges a deed or other instrument in Arizona using the same form as an unmarried person. The statute eliminates the older separate-examination requirement once used in many states and now puts both spouses on equal footing at recording.
Fixing a Defective Acknowledgment Certificate on an Arizona Deed
When an Arizona deed was properly acknowledged but the certificate has a defect, any interested party may file an action in superior court to obtain a judgment correcting the certificate. The statute lets families fix paperwork errors without invalidating the underlying transfer.
Uniform Unlawful Restrictions in Land Records Act
Arizona's Uniform Unlawful Restrictions in Land Records Act
Arizona has adopted the Uniform Unlawful Restrictions in Land Records Act. The article gives property owners and associations a recorded path to remove unlawful covenants, like race-based restrictions, from old deeds and governing documents without disturbing the rest of the title chain.
Defined Terms in Arizona's Unlawful Restrictions Removal Statute
This statute defines the technical terms used in Arizona's Uniform Unlawful Restrictions in Land Records Act, including what counts as an unlawful restriction, a governing instrument, an amendment, and the land records that hold them. The definitions control how the rest of the article operates.
How an Arizona Owner Removes an Unlawful Restriction From Their Property
An owner of Arizona real property subject to an unlawful restriction may submit an amendment to the county recorder that removes the restriction as to the owner's property. The amendment does not affect the restriction's force on any other property in the document.
- A.R.S. § 33-534 How an Arizona HOA Removes Unlawful Restrictions From the Governing Documents
- A.R.S. § 33-535 What an Arizona Unlawful-Restriction Removal Amendment Must Contain
- A.R.S. § 33-536 The Optional Statutory Form for an Owner's Unlawful-Restriction Amendment
- A.R.S. § 33-537 The County Recorder's Duty to Accept Unlawful-Restriction Amendments in Arizona
- A.R.S. § 33-538 Why Arizona's Unlawful-Restriction Act Tracks Other States' Laws
- A.R.S. § 33-539 How Arizona's Unlawful-Restriction Act Interacts With the Federal E-Sign Act
Judgment Liens
How a Money Judgment Becomes a Lien on Arizona Real Estate
A money judgment does not automatically attach to a debtor's real estate. The creditor must record a certified copy of the judgment, with the required information statement, in each county where it wants a lien. Only then does the judgment become a lien on the debtor's real property in that county.
Turning a Justice or Municipal Court Judgment Into an Arizona Lien
A judgment from an Arizona justice or municipal court can become a lien on real property, but only after it is moved into the superior court system or issued as a certified copy and then recorded the same way as a superior court judgment. Until recorded, it does not attach to land.
Recording a Federal Court Judgment Against Arizona Property
A judgment from a federal court within Arizona becomes a lien on the debtor's real property only after an abstract of the judgment is recorded the same way as a state court judgment, including the required information statement when it applies.
- A.R.S. § 33-964 Judgment Lien Duration and the Homestead Exemption in Arizona
- A.R.S. § 33-965 Clearing an Arizona Judgment After Reversal on Appeal
- A.R.S. § 33-966 Priority of a Railway Personal Injury Judgment Lien in Arizona
- A.R.S. § 33-967 The Information Statement Required for an Arizona Judgment Lien
- A.R.S. § 33-968 Clearing a Judgment Lien Attached to the Wrong Arizona Owner
Health Care Directives
Health Care Directive Definitions
Arizona law defines key terms used throughout the health care directives chapter. These include what qualifies as a health care directive, who can serve as an agent or surrogate, and what comfort care means. These definitions set the foundation for every document related to healthcare decisions in the state.
How to Revoke a Health Care Directive
Arizona law makes it simple to revoke a health care directive or disqualify a surrogate. You can do it in writing, by telling your surrogate or provider, by creating a new directive, or by any action that clearly shows you intend to revoke it.
Surrogate Authority for Health Care
A surrogate authorized to make health care decisions must follow the patient's wishes as stated in the directive. If the directive does not cover a specific situation, the surrogate relies on their knowledge of the patient's values. If those are unknown, the surrogate acts in the patient's best interest.
- A.R.S. § 36-3204 Provider Duties Under Directive Law
- A.R.S. § 36-3205 Provider Immunity Under Directives
- A.R.S. § 36-3206 Challenge or Enforce a Directive in Court
- A.R.S. § 36-3207 Directives Cannot Affect Insurance Coverage
- A.R.S. § 36-3208 Out-of-State Health Care Directives Still Count
- A.R.S. § 36-3209 Which Directive Controls in a Conflict
- A.R.S. § 36-3210 Directives Do Not Authorize Mercy Killing
- A.R.S. § 36-3211 Contact Rights When a Health Care Agent Acts
Health Care Power of Attorney
Health Care Power of Attorney Requirements
Arizona law allows any adult to name another adult to make healthcare decisions or handle funeral arrangements. The document must be in writing, dated, signed, and either notarized or witnessed. Specific rules govern who can serve as a witness and who can be named as agent.
Amending a Health Care Power of Attorney in Arizona
If you need to update your healthcare power of attorney, Arizona law requires the amendment to meet the same signing and witnessing requirements as the original document. The only exception is a simple change to your agent's address or phone number. That type of change does not require formal witnessing or notarization.
Health Care Agent Powers and Duties
When you sign a health care power of attorney, your agent gains broad authority. They can make medical decisions on your behalf when you cannot decide for yourself. That authority lasts until you revoke it or a court steps in. It can only be limited by the express language of the document.
Surrogate Decision Maker
Mental Health Care Power of Attorney
Prehospital Medical Care Directives
Living Will Verification and Protections
Arizona allows any adult to create a living will to direct their own healthcare decisions. You can use it alongside a health care power of attorney or in place of one. It can also override a surrogate decision maker. If it is a standalone document, you must verify it like a health care power of attorney.
Sample Living Will Form and Options
Arizona provides a sample living will form with five options for end-of-life medical care. You are not required to use this exact form. Any written document that meets the requirements of Title 36, Chapter 32, Article 2 works as a valid living will.
Portable Orders Regarding Life-Sustaining Treatment
Health Care Directives Registry
Arizona requires the Department of Health Services to pick an organization to run a statewide healthcare directives registry. This registry lets providers find your directives fast when they need them.
Filing for the Directives Registry
To register your healthcare directives, the documents must be notarized or properly witnessed. The health information exchange sets the filing process and checks your identity.
Transmitting Directive Records to Registry
Arizona lets health information exchanges send directive documents straight to the statewide registry. This means people do not have to file their own copies separately.
Advance Directive Registry
AHCCCS Long-Term Care Program Definitions
This statute defines two key terms used in Arizona's long-term care chapter. "Administration" means the Arizona Health Care Cost Containment System (AHCCCS). "Department" means the Department of Economic Security (DES). These definitions apply whenever the terms appear in this chapter.
AHCCCS Legislative Approval for Medicaid Waivers
Arizona requires AHCCCS to get legislative approval before submitting certain Medicaid waiver changes to the federal government. If a waiver would expand eligibility, add new benefits, or raise use by more than ten percent, AHCCCS needs a statute to authorize it first.
Uniform Health-Care Decisions Act Conformity
Parents as Paid Caregivers Program Under AHCCCS
Starting after June 30, 2025, Arizona caps care services at 40 hours per week under the parents as paid caregivers program. This program lets parents receive pay for providing attendant care to their minor children with disabilities through AHCCCS.
Residency Requirement for Paid Caregivers Program
To join Arizona's parents as paid caregivers program, a parent must have lived in Arizona for at least six months. This rule is subject to approval by the federal Centers for Medicare and Medicaid Services.
Disposition of Certain Dead Human Bodies
DHS Authority Over Records and Rules for Disposition of Human Bodies
The director of the Arizona Department of Health Services may require records and adopt rules to administer the article governing disposition of unclaimed human bodies. The grant of authority underpins the rest of the article's procedures.
Notice and Delivery of Bodies for Burial at Public Expense in Arizona
Public officers and publicly supported institutions that hold a dead human body for burial at public expense must notify the Department of Health Services within 24 hours and, on instruction, deliver the body without fee to the institution or person designated by the department.
Disposal of the Body of a Person Executed at the State Prison
If the body of a person executed at the state prison is not claimed by relatives or friends within 24 hours, the superintendent of the prison may, with the governor's consent and on instruction from DHS, deliver the body for scientific purposes under the same article governing unclaimed bodies.
Burial Responsibility
Who Has the Duty to Arrange Burial in Arizona
Arizona ranks the people responsible for arranging burial or other final disposition: surviving spouse, healthcare or durable power-of-attorney agent specifically authorized for disposition, parents of a minor decedent, adult children, parents, adult siblings, adult grandchildren, grandparents, an adult who showed special care, the guardian, and others. The first willing and capable person in the list takes the duty.
Following Your Loved One's Wishes for Final Disposition in Arizona
If the person responsible for burial knows the deceased's wishes for disposition of their remains, that person must comply. The wishes must be reasonable and not impose economic or emotional hardship. Funeral establishments that follow proper instructions in good faith are protected from civil liability.
Who Can Authorize a Post-Mortem Examination in Arizona
Whoever takes custody of the body for burial may give a licensed physician permission to perform a post-mortem examination. The list includes father, mother, husband, wife, adult child, guardian, and next of kin. A friend or person charged with burial may authorize the exam if none of the listed family members is available.
Revised Uniform Anatomical Gift Act
Defined Terms in Arizona's Revised Uniform Anatomical Gift Act
Arizona's Revised Uniform Anatomical Gift Act uses precise vocabulary. This statute defines the central terms, including anatomical gift, agent, donor, document of gift, procurement organization, and disinterested witness. The definitions control how the rest of the article operates.
Which Anatomical Gifts the Revised Act Covers
Arizona's Revised Uniform Anatomical Gift Act applies to any anatomical gift, amendment, revocation, or refusal, regardless of when it was made. The article governs old gifts and new gifts on the same terms.
Who Can Make an Anatomical Gift in Arizona Before Death
A donor who is an adult, an emancipated minor, or a minor old enough to apply for a driver license may make an anatomical gift during their lifetime. An agent under a healthcare power of attorney may also make the gift unless the POA prohibits it. The parent of an unemancipated minor and the guardian of any donor may also act.
- A.R.S. § 36-844 How to Make an Anatomical Gift in Arizona
- A.R.S. § 36-845 Changing or Revoking an Anatomical Gift in Arizona
- A.R.S. § 36-846 Refusing to Make an Anatomical Gift in Arizona
- A.R.S. § 36-847 When an Arizona Anatomical Gift Cannot Be Overridden
- A.R.S. § 36-848 Who Can Make an Anatomical Gift After Death in Arizona
- A.R.S. § 36-849 How a Family Member Makes an Anatomical Gift After Death in Arizona
- A.R.S. § 36-850 Who Can Receive an Anatomical Gift in Arizona
- A.R.S. § 36-850.1 Arizona's Ban on Disability Discrimination in Organ Transplant Decisions
- A.R.S. § 36-850.2 Civil Action for Transplant Discrimination Under A.R.S. 36-850.01
- A.R.S. § 36-851 Why a Donor Card Does Not Have to Be Delivered During Life
- A.R.S. § 36-851.1 Licensing of Procurement Organizations in Arizona
- A.R.S. § 36-851.2 Procurement Organizations With National Accreditation in Arizona
- A.R.S. § 36-851.3 Operational Requirements for Non-Accredited Procurement Organizations
- A.R.S. § 36-852 What an Arizona Procurement Organization Does at the Time of Death
- A.R.S. § 36-853 Coordination Agreements Between Arizona Hospitals and Procurement Organizations
- A.R.S. § 36-854 Arizona's Ban on Selling or Buying Body Parts for Transplant
- A.R.S. § 36-855 Felony Penalty for Falsifying an Arizona Anatomical Gift Document
- A.R.S. § 36-856 Good-Faith Immunity Under Arizona's Anatomical Gift Act
- A.R.S. § 36-857 Out-of-State Anatomical Gifts Recognized in Arizona
- A.R.S. § 36-858 Arizona's Anatomical Donor Registry
- A.R.S. § 36-859 When an Anatomical Gift Conflicts With a Living Will in Arizona
- A.R.S. § 36-860 Medical Examiner Authorization for Anatomical Gifts in Arizona
- A.R.S. § 36-861 Medical Examiner Information Sharing for Anatomical Gifts
- A.R.S. § 36-862 Why Arizona's Anatomical Gift Act Tracks Other States' Laws
- A.R.S. § 36-863 How Arizona's Anatomical Gift Act Interacts With the Federal E-Sign Act
- A.R.S. § 36-864 Validating Documents of Gift Transferred From the Arizona MVD
Notaries Public
Powers and Duties of Department of Revenue
What the Arizona Department of Revenue Can Do About Property Valuation
A.R.S. § 42-11051 gives the Arizona Department of Revenue broad supervisory power over property tax administration. The department can review, audit, and direct local assessors to make sure property is valued uniformly across counties.
How Arizona Investigates Property Valuation Violations
A.R.S. § 42-11052 lets the Department of Revenue investigate suspected violations of the property tax laws and refer cases for prosecution. The department can demand records, take sworn testimony, and refer evidence to county attorneys when fraud is suspected.
How Arizona Audits Property Valuations
A.R.S. § 42-11053 lets the Department of Revenue inspect property, review business records, and require taxpayers to file detailed valuation statements. Refusing to cooperate can lead to a default valuation set by the department.
Exemptions
Defining the Words Used in Arizona Property Tax Exemptions
A.R.S. § 42-11101 defines key terms used throughout the property tax exemption statutes, including "charitable institution" and "primary residence." These definitions decide who qualifies for the widow, widower, disability, and nonprofit exemptions.
How Government-Owned Property Stays Off the Arizona Tax Rolls
A.R.S. § 42-11102 exempts property owned by federal, state, county, and municipal government from property taxation, with detailed rules for property leased to private parties. The exemption tracks Article IX, Section 2 of the Arizona Constitution.
Property Pledged to Pay Off Government Bonds Is Tax-Exempt
A.R.S. § 42-11103 exempts property that has been pledged or set aside to pay government bonded indebtedness. The exemption follows the same procedural rules as the broader government property exemption.
- A.R.S. § 42-11104 Property Tax Exemption for Arizona Schools and Libraries
- A.R.S. § 42-11105 Property Tax Exemption for Arizona Hospitals and Health Care Property
- A.R.S. § 42-11106 Property Tax Exemption for Apartments Serving Older Adults and People with Disabilities
- A.R.S. § 42-11107 Property Tax Exemption for Arizona Charities Helping People in Need
- A.R.S. § 42-11108 Property Tax Exemption for Arizona Agricultural Societies
- A.R.S. § 42-11109 Property Tax Exemption for Arizona Churches and Religious Organizations
- A.R.S. § 42-11110 Property Tax Exemption for Arizona Cemeteries
- A.R.S. § 42-11111 Arizona Property Tax Exemption for Widows, Widowers, and Disabled Residents
- A.R.S. § 42-11112 Property Tax Exemption for Astronomical Observatories
- A.R.S. § 42-11113 Property Tax Exemption for Arizona Animal Shelters and Humane Societies
- A.R.S. § 42-11114 Property Tax Exemption for Land Being Held to Become Parkland
- A.R.S. § 42-11115 Property Tax Exemption for Land Protecting Scientific Resources
- A.R.S. § 42-11116 Property Tax Exemption for Arts and Science Organizations
- A.R.S. § 42-11117 Property Tax Exemption for Arizona Volunteer Fire Departments
- A.R.S. § 42-11118 Property Tax Exemption for Arizona Social Welfare Organizations
- A.R.S. § 42-11119 Property Tax Exemption for Roadway Cleanup and Beautification Volunteers
- A.R.S. § 42-11120 Property Tax Exemption for Arizona Veterans Organizations
- A.R.S. § 42-11121 Property Tax Exemption for Arizona Charitable Community Service Organizations
- A.R.S. § 42-11122 Property Tax Exemption for Trading Commodities Held in Arizona
- A.R.S. § 42-11123 Property Tax Exemption for Animal and Poultry Feed in Arizona
- A.R.S. § 42-11124 Property Tax Exemption for Possessory Interests Used in Education or Charity
- A.R.S. § 42-11125 Property Tax Exemption for Business Inventory in Arizona
- A.R.S. § 42-11126 Property Tax Exemption for Production Livestock and Animals
- A.R.S. § 42-11127 How Arizona Exempts a Slice of Business Personal Property
- A.R.S. § 42-11128 Property Tax Exemption for Goods Passing Through Arizona
- A.R.S. § 42-11129 Property Tax Exemption for Arizona Fraternal Society Halls
- A.R.S. § 42-11130 Property Tax Exemption for Arizona Public Library Organizations
- A.R.S. § 42-11131 Property Tax Exemption for Low-Income Indian Housing
- A.R.S. § 42-11132 Property Tax Exemption When a Building Is Leased to an Arizona School
- A.R.S. § 42-11132.1 Property Tax Exemption When a Building Is Leased to an Arizona Church
- A.R.S. § 42-11132.2 Property Tax Exemption When a Building Is Leased to a Veterans Organization
- A.R.S. § 42-11133 Property Tax Exemption for Arizona Affordable Housing Projects
Qualifying for Exemptions
How to Apply for an Arizona Property Tax Exemption
A.R.S. § 42-11151 sets the general procedure, affidavits, and forms required to claim a property tax exemption in Arizona. The procedural rules apply to most exemptions in chapter 11.
The Sworn Affidavit Behind an Arizona Property Tax Exemption
A.R.S. § 42-11152 requires that the affidavit supporting a property tax exemption be signed under oath. Electronic submission is allowed, and the county assessor must acknowledge receipt. False statements on the affidavit carry criminal penalties.
Filing Deadline for an Arizona Property Tax Exemption Affidavit
A.R.S. § 42-11153 sets the filing deadline for property tax exemption affidavits. Generally the affidavit must be filed between January 1 and the last business day of February for the upcoming tax year, though the assessor may accept late filings in limited circumstances.
Financial Exploitation
Definitions for Arizona’s Financial-Institution Elder-Exploitation Rules
A.R.S. § 46-471 defines the terms used in Arizona’s special financial-institution rules for suspected exploitation of a vulnerable adult. The defined terms include "financial institution," "qualified individual," and "transaction or disbursement."
When Arizona Banks Can Tell Family About Suspected Exploitation
A.R.S. § 46-472 lets financial institutions disclose suspected financial exploitation of a vulnerable adult to APS, law enforcement, and certain third parties such as family members or trusted contacts. The statute grants immunity for good-faith disclosures.
When Arizona Banks Can Put a Hold on Suspicious Transactions
A.R.S. § 46-473 lets financial institutions delay a disbursement or transaction when they reasonably suspect financial exploitation of a vulnerable adult. The initial hold lasts up to 15 business days and can be extended in limited circumstances. The institution has immunity for good-faith holds.
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