Arizona Revised Statutes Title 14 - Trusts, Estates And Protective Proceedings

Chapter 1 GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURTS
Article 1 General Provisions

• § 14-1101 Training
  A judicial officer presiding over proceedings brought pursuant to this title must participate in training as prescribed by the supreme court.
• § 14-1102 Purposes; Rule Of Construction
  A. This title shall be liberally construed and applied to promote its underlying purposes and policies. B. The underlying purposes and policies of this...
• § 14-1103 Supplementary General Principles Of Law Applicable
  Unless displaced by the particular provisions of this title, the principles of law and equity supplement its provisions.
• § 14-1104 Prudent Management Of Costs
  In a proceeding brought pursuant to this title: 1. The fiduciary must prudently manage costs, preserve the assets of the ward or protected person...
• § 14-1105 Remedies For Unreasonable Conduct; Definitions
  A. If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct, the...
• § 14-1106 Effect Of Fraud And Evasion
  If fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to...
• § 14-1107 Determination Of Death And Status; Rules
  In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:...
• § 14-1108 Arbitration Of Disputes; Alternative Dispute Resolution
  In a proceeding brought pursuant to this title the court may require arbitration of a dispute pursuant to the requirements of section 12-133, subsections...
• § 14-1109 Repetitive Filings; Summary Denial
  If an interested person files a motion or petition that requests the same or substantially similar relief to the relief requested in another motion...

Article 2 Definitions

• § 14-1201 Definitions
  In this title, unless the context otherwise requires: 1. " Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, a person...

Article 3 Scope, Jurisdiction and Courts

• § 14-1301 Territorial Application
  Except as otherwise provided in this title, the title applies to: 1. The affairs and estates of decedents, missing persons and persons to be...
• § 14-1302 Subject Matter Jurisdiction
  A. To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to: 1. Estates of decedents, including...
• § 14-1303 Venue; Multiple Proceedings; Transfer
  A. Where a proceeding under this title could be maintained in more than one place in this state, the court in which the proceeding...
• § 14-1304 Practice In Court
  Unless specifically provided to the contrary in this title or unless inconsistent with its provisions, the rules of civil procedure including the rules concerning...
• § 14-1305 Records And Certified Copies
  The clerk of the court shall keep a record for each decedent, ward, protected person or trust involved in any document which may be...
• § 14-1306 Jury Trial
  A. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as...
• § 14-1307 Registrar; Powers
  The acts and orders which this title specifies as performable by the registrar shall be performed by a judge, the clerk of the court,...
• § 14-1310 Oath Or Affirmation On Filed Documents
  Except as otherwise specifically provided in this title or by rule, each document filed with the court or furnished to an interested person under...
• § 14-1311 Standard Of Proof And Burden Of Persuasion
  Except as otherwise provided in this title, the standard of proof required in a judicial proceeding brought pursuant to this title is the preponderance...

Article 4 Notice, Parties and Representation in Estate Litigation and Other Matters

• § 14-1401 Notice; Method And Time Of Giving
  A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause...
• § 14-1401.01 Notice To Attorney General
  Whenever it appears by suggestion of any interested person or the court that no taker of the estate exists, either at the commencement of...
• § 14-1402 Notice; Waiver
  A person, including a guardian ad litem, conservator or other fiduciary, may waive notice by a writing signed by him or his attorney and...
• § 14-1403 Pleadings
  In formal proceedings involving trusts or estates of decedents, minors, protected persons or incapacitated persons, interests to be affected must be described in pleadings...
• § 14-1404 Representation; Basic Effect
  A. Notice to a person who may represent and bind another person under this article has the same effect as if notice were given...
• § 14-1405 Representation By Holder Of General Power Of Appointment
  The holder of a general power of appointment, including a general testamentary power of appointment, may represent and bind persons whose interests, as permissible...
• § 14-1406 Representation By Fiduciaries And Parents
  To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect...
• § 14-1407 Representation By Person Having Substantially Identical Interest
  Unless otherwise represented, a minor, incapacitated person, unborn child or person whose identity or location is unknown and not reasonably ascertainable may be represented...
• § 14-1408 Appointment Of Representative
  A. If the court determines that an interest is not represented under this article or that the otherwise available representation might be inadequate, the...

Chapter 2 INTESTATE SUCCESSION AND WILLS
Article 1 Intestate Succession

• § 14-2101 Intestate Estate; Modification By Will
  A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in...
• § 14-2102 Intestate Share Of Surviving Spouse
  The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes...
• § 14-2103 Heirs Other Than Surviving Spouse; Share In Estate
  Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is...
• § 14-2104 Heirs; Surviving Of Decedent; Time Requirement; Presumption; Exception
  A. A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for...
• § 14-2105 Unclaimed Estate; Passage To State
  If no one is qualified to claim the estate under this article, the intestate estate passes to the state.
• § 14-2106 Passing Of Estate By Representation; Assigning Of Shares; Definitions
  A. If under section 14-2103, paragraph 1 all or part of a decedent's intestate estate passes by representation to the decedent's descendants, that estate...
• § 14-2107 Kindred By Half Blood; Right Of Inheritance
  Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
• § 14-2108 After‑born Heirs; Requirements
  A child in gestation at a particular time is treated as living at that time if the child lives at least one hundred twenty...
• § 14-2109 Advancements Of Property During Lifetime; Effect On Distribution Of Estate
  A. If a person dies intestate as to all or a portion of that person's estate, property the decedent gave during the decedent's lifetime...
• § 14-2110 Debts Owed To A Decedent; Effect On Distribution Of Estate
  A debt owed to a decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to...
• § 14-2111 Effect Of Alienage On Distribution Of Estate
  No person is disqualified to take as an heir because that person or a person through whom that person claims is or has been...
• § 14-2113 Heirs Related To Decedent Through Two Lines; Single Share
  A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship...
• § 14-2114 Parent And Child Relationship; Intestate Succession; Adopted Children
  A. Except as provided in subsections B and C of this section, for the purposes of intestate succession, a person is the child of...

Article 2 Waiver of Rights of Spouse

• § 14-2207 Rights Of Surviving Spouse; Waiver; Requirements; Effect
  A. A surviving spouse may waive the person's homestead allowance, exempt property and family allowance rights in whole or in part either before or...

Article 3 Spouse and Children Unprovided for in Will

• § 14-2301 Entitlement Of Spouse; Premarital Will
  A. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an...
• § 14-2302 Omitted Children; Shares; Definition
  A. Except as provided in subsection C of this section, if a testator fails to provide by will for a child who is born...

Article 4 Exempt Property and Allowances

• § 14-2401 Applicable Law
  This article applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property and family allowance...
• § 14-2402 Homestead Allowance
  A. A decedent's surviving spouse is entitled to a homestead allowance of eighteen thousand dollars. If there is no surviving spouse each minor child...
• § 14-2403 Exempt Property; Value; Priority
  A. In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value that is not more than...
• § 14-2404 Family Allowance; Use; Length; Priority; Termination By Death
  A. The decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by...
• § 14-2405 Homestead; Exempt Property And Allowances; Restriction; Source; Determination; Documentation
  A. If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject...

Article 5 Wills

• § 14-2501 Who May Make A Will
  A person who is eighteen years of age or older and who is of sound mind may make a will.
• § 14-2502 Execution; Witnessed Wills; Holographic Wills
  A. Except as provided in sections 14-2503, 14-2506 and 14-2513, a will shall be: 1. In writing. 2. Signed by the testator or in...
• § 14-2503 Holographic Will
  A will that does not comply with section 14-2502 is valid as a holographic will, whether or not witnessed, if the signature and the...
• § 14-2504 Self‑proved Wills; Sample Form; Signature Requirements
  A. A will may be simultaneously executed, attested and made self-proved by its acknowledgment by the testator and by affidavits of the witnesses if...
• § 14-2505 Witnesses; Requirements
  A. A person who is generally competent to be a witness may act as a witness to a will. B. The signing of a...
• § 14-2506 Execution; Choice Of Law
  A written will is valid if executed in compliance with section 14-2502 or if its execution complies with the law at the time of...
• § 14-2507 Revocation Of Will; Requirements
  A. A testator may revoke a will in whole or in part: 1. By executing a subsequent will that revokes the previous will or...
• § 14-2508 Change Of Circumstances; Effect On Will
  Except as provided in sections 14-2803 and 14-2804, a change of circumstances does not revoke a will or any part of it.
• § 14-2509 Revoking A Subsequent Will; Effect; Reviving A Revoked Will; Requirements
  A. If a testator revokes a subsequent will that wholly revoked a previous will under section 14-2507, subsection A, paragraph 2, the previous will...
• § 14-2510 Incorporating Outside Document Into A Will; Requirements
  A testator may incorporate a written document into the testator's will by reference if the following requirements are met: 1. The document exists at...
• § 14-2511 Testamentary Additions To Trusts; Requirements; Effect Of Revocation
  A. A will may validly devise property to the trustee of a trust established or to be established: 1. During the testator's lifetime by...
• § 14-2512 Disposition Of Property By Reference To Acts Of Independent Significance
  A will may dispose of property by reference to acts, such as the execution or revocation of another person's will, that have significance apart...
• § 14-2513 References To Separate Lists; Requirements
  A. Notwithstanding section 14-2503 relating to holographic wills, a will may refer to a written statement or list to dispose of items of tangible...
• § 14-2514 Contracts Regarding Wills; Requirements; Effect
  A. After December 31, 1994, a person may enter into a contract to make a will or devise or not to revoke a will...
• § 14-2516 Custodian Of Will; Duties; Liability
  A. After the death of a testator and on request of an interested person, a person having custody of a will of the testator...
• § 14-2517 Penalty Clause For Contest; Restriction
  A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is...

Article 6 Rules of Construction

• § 14-2601 Scope Of Article
  In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a will.
• § 14-2602 Passage Of Existing And After-Acquired Property By Will
  A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the...
• § 14-2603 Substitute Gifts; Class Gifts; Definitions
  A. If a devisee fails to survive the testator and is a grandparent, a descendant of a grandparent or a stepchild of either the...
• § 14-2604 Failure Of Testamentary Provision; Effect
  A. Except as provided in section 14-2603, a devise, other than a residuary devise, that fails for any reason becomes a part of the...
• § 14-2605 Securities Increase In Value After Death; Effect; Exception
  A. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the...
• § 14-2606 Right To Specific Devises; Unpaid Proceeds Of Sale, Condemnation Or Insurance; Sale By Conservator Or Agent
  A. A specific devisee has a right to the specifically devised property in the testator's estate at death and to the following: 1. Any...
• § 14-2607 Specific Devise; Nonexoneration
  Subject to any mortgage interest existing at the date of death, a specific devise passes without right of exoneration, regardless of a general directive...
• § 14-2608 Exercise Of Power Of Appointment
  In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to...
• § 14-2609 Satisfaction Of A Devise During The Testator's Life; Requirements; Valuation
  A. Property a testator gave to a person while the testator was alive is treated as a satisfaction of a devise in whole or...

Article 7 Governing Instruments

• § 14-2701 Scope Of Article
  In the absence of a finding of a contrary intention, the rules of construction in this article control the construction of a governing instrument....
• § 14-2702 Devisees; Surviving Of Testator; Requirement; Exception
  A. For the purposes of this article, except as provided in subsection D of this section, a person who is not established by clear...
• § 14-2703 Choice Of Law; Effect On Governing Instrument
  The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument unless...
• § 14-2704 Power Of Appointment; Exercise By Reference; Presumption
  If a governing instrument that creates a power of appointment expressly requires that the power be exercised by a reference, an express reference or...
• § 14-2705 Adopted Children; Children Born Out Of Wedlock; Class Gifts
  A. A person who is adopted or born out of wedlock and that person's descendants, if appropriate to the class, are included in class...
• § 14-2706 Failure Of Beneficiary To Survive Decedent; Effect; Protection From Liability; Third Parties; Definitions
  A. If a beneficiary fails to survive the decedent and is a grandparent, a descendant of a grandparent or a stepchild of the decedent,...
• § 14-2707 Future Interests; Trusts; Distribution Date; Passage Of Property; Alternative Future Interest; Definitions
  A. A future interest under the terms of a trust is contingent on the beneficiary surviving the distribution date. If a beneficiary of a...
• § 14-2708 Class Gifts To Descendants, Issue Or Heirs Of The Body; Form Of Distribution If None Specified
  If a class gift in favor of descendants, issue or heirs of the body does not specify the manner in which the property is...
• § 14-2709 Property Distribution By Representation Or Per Capita At Each Generation; Distribution Per Stirpes; Application Of Section; Definitions
  A. If an applicable statute or a governing instrument calls for property to be distributed by representation or per capita at each generation, the...
• § 14-2710 Worthier Title Doctrine; Nonrecognition
  The common law doctrine of worthier title is not recognized in this state. Therefore, language in a governing instrument that describes the beneficiaries of...
• § 14-2711 Distribution To Heirs; Effect
  A. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest...
• § 14-2712 Burdens Relating To Validity Of Governing Instruments
  A. A proponent of a governing instrument has the burden of establishing prima facie proof of due execution in all cases. B. It is...

Article 8 Disqualification

• § 14-2802 Effect Of Divorce, Annulment And Decree Of Separation
  A. A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless,...
• § 14-2803 Murder Of Decedent; Effect; Federal Law; Definitions
  A. A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an...
• § 14-2804 Termination Of Marriage; Effect; Revocation Of Probate And Nonprobate Transfers; Federal Law; Definitions
  A. Except as provided by the express terms of a governing instrument, a court order or a contract relating to the division of the...

Article 9 Nonvested Interests

• § 14-2901 Nonvested Property Interest; General Power Of Appointment; Validity; Exception
  A. A nonvested property interest is invalid unless at least one of the following is true: 1. At the time the interest is created...
• § 14-2902 Nonvested Property Interest Or Power Of Appointment; Creation
  A. Except as provided in subsections B and C of this section and section 14-2905, subsection C, the time of creation of a nonvested...
• § 14-2903 Reformation Of A Disposition Plan; Conditions
  On the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan...
• § 14-2904 Statutory Rule Against Perpetuities; Exclusion
  This article does not apply to: 1. A nonvested property interest or a power of appointment arising out of a nondonative transfer, except for...
• § 14-2905 Nonvested Property Interest Or Power Of Appointment; Creation; Effective Date; Judicial Reformation
  A. Except as otherwise provided, this article applies to a nonvested property interest or a power of appointment that is created on or after...
• § 14-2906 Rule Against Perpetuities; Supersession
  This article applies notwithstanding common law rules against perpetuities or section 33-261.
• § 14-2907 Honorary Trusts; Trusts For Pets; Conditions
  A. If a trust is for a specific lawful noncharitable purpose or for lawful noncharitable purposes to be selected by the trustee and there...

Chapter 3 PROBATE OF WILLS AND ADMINISTRATION
Article 1 General Provisions

• § 14-3101 Devolution Of Estate At Death; Administration On Deaths Of Husband And Wife
  A. The power of a person to leave property by will, and the rights of creditors, devisees and heirs to his property are subject...
• § 14-3102 Necessity Of Statement Or Order Of Probate For Will; Exception
  Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must...
• § 14-3103 Necessity Of Appointment For Administration
  Except as otherwise provided in chapter 4 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative...
• § 14-3104 Claims Against Decedent; Necessity Of Administration
  No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of...
• § 14-3105 Proceedings Affecting Devolution And Administration; Jurisdiction Of Subject Matter
  A. Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition...
• § 14-3107 Scope Of Proceedings; Proceedings Independent; Exception
  Unless supervised administration as described in article 5 is involved: 1. Each proceeding before the court or registrar is independent of any other proceeding...
• § 14-3108 Probate, Testacy And Appointment Proceedings; Ultimate Time Limit
  An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the...
• § 14-3109 Statutes Of Limitation On Decedent's Cause Of Action
  Upon the death of a person in whose favor there is a cause of action which has not been barred as of the date...
• § 14-3110 Action By Or Against Personal Representative; Survival Of Causes Of Action
  Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss...

Article 2 Venue for Probate and Administration; Priority to Administer; Demand for Notice

• § 14-3201 Venue For First And Subsequent Estate Proceedings; Location Of Property
  A. Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: 1. In the county where the decedent...
• § 14-3202 Appointment Or Testacy Proceedings; Conflicting Claim Of Domicile In Another State
  If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and...
• § 14-3203 Priority Among Persons Seeking Appointment As Personal Representative
  A. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: 1. The person...
• § 14-3204 Demand For Notice Of Order Or Filing Concerning Decedent's Estate
  Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may...

Article 3 Informal Probate and Appointment Proceedings

• § 14-3301 Informal Probate Or Appointment Proceedings; Application; Contents
  A. Informal probate or informal appointment may be made only by application of one of the following: 1. The surviving spouse of the decedent....
• § 14-3302 Informal Probate; Duty Of Registrar; Effect Of Informal Probate
  Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 14-3303 shall issue a...
• § 14-3303 Informal Probate; Proof And Findings Required
  A. In an informal proceeding for original probate of a will, the registrar shall determine whether: 1. The application is complete. 2. The applicant...
• § 14-3304 Informal Probate; Unavailable In Certain Cases
  An application for informal probate shall be declined if it relates to one or more of a known series of testamentary instruments the latest...
• § 14-3305 Informal Probate; Registrar Not Satisfied
  If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements...
• § 14-3306 Informal Probate; Notice Requirements
  A. The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate: 1. To any person demanding it...
• § 14-3307 Informal Appointment Proceedings; Delay In Order; Duty Of Registrar; Effect Of Appointment
  A. Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 14-3614, if...
• § 14-3308 Informal Appointment Proceedings; Proof And Findings Required
  A. In informal appointment proceedings, the registrar must determine whether: 1. The application for informal appointment of a personal representative is complete. 2. The...
• § 14-3309 Informal Appointment Proceedings; Registrar Not Satisfied
  If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the...
• § 14-3310 Informal Appointment Proceedings; Notice Requirements
  The moving party must give notice as described by section 14-1401 of his intention to seek an appointment informally: 1. To any person demanding...
• § 14-3311 Informal Appointment Unavailable In Certain Cases
  If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws...

Article 4 Formal Testacy and Appointment Proceedings

• § 14-3401 Formal Testacy Proceedings; Nature; When Commenced
  A. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by...
• § 14-3402 Formal Testacy Or Appointment Proceedings; Petition; Contents
  A. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must...
• § 14-3403 Formal Testacy Proceeding; Notice Of Hearing On Petition
  A. Upon commencement of a formal testacy proceeding, the clerk shall fix a time and place of hearing. Notice shall be given in the...
• § 14-3404 Formal Testacy Proceedings; Written Objections To Probate
  Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to...
• § 14-3405 Formal Testacy Proceedings; Uncontested Cases; Hearings And Proof
  If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied...
• § 14-3406 Formal Testacy Proceedings; Contested Cases; Testimony Of Attesting Witnesses
  A. If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one...
• § 14-3407 Formal Testacy Proceedings; Burdens In Contested Cases
  In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of...
• § 14-3408 Formal Testacy Proceedings; Will Construction; Effect Of Final Order In Another Jurisdiction
  A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice...
• § 14-3409 Formal Testacy Proceedings; Order; Foreign Will
  After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court...
• § 14-3410 Formal Testacy Proceedings; Probate Of More Than One Instrument
  If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument...
• § 14-3411 Formal Testacy Proceedings; Partial Intestacy
  If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the...
• § 14-3412 Formal Testacy Proceedings; Effect Of Order; Vacation
  A. Subject to appeal and subject to vacation as provided in this section and in section 14-3413, a formal testacy order under sections 14-3409...
• § 14-3413 Formal Testacy Proceedings; Vacation Of Order For Other Cause
  For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
• § 14-3414 Formal Proceedings Concerning Appointment Of Personal Representative
  A. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of...
• § 14-3415 Lost And Missing Wills; Wills Probated In Other Jurisdictions
  A. If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator...

Article 5 Supervised Administration

• § 14-3501 Supervised Administration; Nature Of Proceeding
  Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the...
• § 14-3502 Supervised Administration; Petition; Order
  A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for...
• § 14-3503 Supervised Administration; Effect On Other Proceedings
  A. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed....
• § 14-3504 Supervised Administration; Powers Of Personal Representative
  Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under...
• § 14-3505 Supervised Administration; Interim Orders; Distribution And Closing Orders; Annual Accounts; Accounting On Closing
  A. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed...

Article 6 Personal Representative; Appointment, Control and Termination of Authority

• § 14-3601 Qualification
  Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of...
• § 14-3602 Acceptance Of Appointment; Consent To Jurisdiction
  By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be...
• § 14-3603 Bond Required; Exceptions
  A. A bond is required of a personal representative unless either: 1. The will expressly waives the bond. 2. All of the heirs if...
• § 14-3604 Bond Amount; Security; Procedure; Reduction
  A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or...
• § 14-3606 Terms And Conditions Of Bonds
  A. The following requirements and provisions apply to any bond required by this article: 1. Bonds shall name the state as obligee for the...
• § 14-3607 Order Restraining Personal Representative
  A. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal...
• § 14-3608 Termination Of Appointment; General
  Termination of appointment of a personal representative occurs as indicated in sections 14-3609 through 14-3612. Termination ends the right and power pertaining to the...
• § 14-3609 Termination Of Appointment; Death Or Disability
  The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment...
• § 14-3610 Termination Of Appointment; Voluntary
  A. An appointment of a personal representative terminates as provided in section 14-3933, one year after the filing of a closing statement. B. An...
• § 14-3611 Termination Of Appointment By Removal; Cause; Procedure
  A. A person interested in the estate may petition for removal of a personal representative for cause at any time. On filing of the...
• § 14-3612 Termination Of Appointment; Change Of Testacy Status
  Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under...
• § 14-3613 Successor Personal Representative
  Articles 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After...
• § 14-3614 Special Administrator; Appointment
  A special administrator may be appointed: 1. Informally by the registrar on the application of any interested person when necessary to protect the estate...
• § 14-3615 Special Administrator; Who May Be Appointed
  A. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or...
• § 14-3616 Special Administrator; Appointed Informally; Powers And Duties
  A special administrator appointed by the registrar in informal proceedings pursuant to section 14-3614, paragraph 1 has the duty to collect and manage the...
• § 14-3617 Special Administrator; Formal Proceedings; Power And Duties
  A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited...
• § 14-3618 Termination Of Appointment; Special Administrator
  The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general...

Article 7 Duties and Powers of Personal Representatives

• § 14-3701 Time Of Accrual Of Duties And Powers
  The duties and powers of a personal representative commence on appointment. The powers of a personal representative relate back in time to give acts...
• § 14-3702 Priority Among Different Letters
  A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through...
• § 14-3703 General Duties; Relation And Liability To Persons Interested In Estate; Standing To Sue
  A. Except as provided in the will of the decedent, a personal representative is a fiduciary who shall observe the standards of care applicable...
• § 14-3704 Personal Representative To Proceed Without Court Order; Exception
  A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard...
• § 14-3705 Duty Of Personal Representative; Information To Heirs And Devisees
  Not later than thirty days after appointment every personal representative, except any special administrator, shall give information of the appointment to the heirs and...
• § 14-3706 Duty Of Personal Representative; Inventory And Appraisement
  A. Within ninety days after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has...
• § 14-3707 Employment Of Appraisers
  The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of...
• § 14-3708 Duty Of Personal Representative; Supplementary Inventory
  If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that...
• § 14-3709 Duty Of Personal Representative; Possession Of Estate; Discovery Of Concealed Assets
  A. Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the...
• § 14-3710 Power To Avoid Transfers; Action To Set Aside Fraudulent Conveyances
  A. The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is...
• § 14-3711 Powers Of Personal Representatives; In General
  Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner...
• § 14-3712 Improper Exercise Of Power; Breach Of Fiduciary Duty
  If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from...
• § 14-3713 Sale, Encumbrance Or Transaction Involving Conflict Of Interest; Voidable; Exceptions
  Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial...
• § 14-3714 Persons Dealing With Personal Representative; Protection
  A person who in good faith either assists or deals with another person acting as a personal representative, on the basis of a copy...
• § 14-3715 Transactions Authorized For Personal Representatives; Exceptions
  Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in...
• § 14-3716 Powers And Duties Of Successor Personal Representative
  A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate,...
• § 14-3717 Co‑representatives; When Joint Action Required
  If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected...
• § 14-3718 Powers Of Surviving Personal Representative
  Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after...
• § 14-3719 Compensation Of Personal Representative
  A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is...
• § 14-3720 Expenses In Estate Litigation
  If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not he is...
• § 14-3721 Proceedings For Review Of Employment Of Agents And Compensation Of Personal Representatives And Employees Of Estate
  After notice to all interested persons, on petition of an interested person, including any person employed by the personal representative, or on appropriate motion...
• § 14-3722 Compensation Of Appointees
  A. If not otherwise compensated for services rendered, an investigator, accountant or lawyer appointed pursuant to this article is entitled to reasonable compensation from...

Article 8 Creditors' Claims

• § 14-3801 Notice To Creditors
  A. Unless notice has already been given under this section, at the time of appointment a personal representative shall publish a notice to creditors...
• § 14-3802 Statute Of Limitations
  Unless an estate is insolvent the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of...
• § 14-3803 Limitations On Presentation Of Claims
  A. All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any of its...
• § 14-3804 Manner Of Presentation Of Claims
  Claims against a decedent's estate may be presented as follows: 1. The claimant may deliver or mail to the personal representative a written statement...
• § 14-3805 Priority Of Claims
  A. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the...
• § 14-3806 Allowance Of Claims
  A. As to claims presented in the manner described in section 14-3804 within the time limit prescribed in section 14-3803, the personal representative may...
• § 14-3807 Payment Of Claims
  A. On the expiration of the earlier of the time limitations prescribed in section 14-3803 for the presentation of claims, the personal representative shall...
• § 14-3808 Individual Liability Of Personal Representative
  A. Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity...
• § 14-3809 Secured Claims
  Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security, otherwise payment is upon the...
• § 14-3810 Claims Not Due And Contingent Or Unliquidated Claims
  A. If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the...
• § 14-3811 Counterclaims
  In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an...
• § 14-3812 Execution And Levies Prohibited
  No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or...
• § 14-3813 Compromise Of Claims
  When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of...
• § 14-3814 Encumbered Assets
  If any assets of the estate are encumbered by mortgage, pledge, lien or other security interest, the personal representative may pay the encumbrance or...
• § 14-3815 Administration In More Than One State; Duty Of Personal Representative
  A. All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal...
• § 14-3816 Final Distribution To Domiciliary Representative
  The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of...

Article 9 Special Provisions Relating to Distribution

• § 14-3901 Successors' Rights If No Administration
  In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or...
• § 14-3902 Distribution; Order In Which Assets Appropriated; Abatement
  A. Except as provided in subsection B, shares of distributees abate, without any preference or priority as between real and personal property, in the...
• § 14-3903 Right Of Retainer
  The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset...
• § 14-3904 Interest On General Pecuniary Devise
  Unless a contrary intention is indicated by the will, general pecuniary devises bear interest at the legal rate beginning one year after the first...
• § 14-3906 Distribution In Kind; Valuation; Method
  A. Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the...
• § 14-3907 Distribution In Kind; Evidence
  A. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets...
• § 14-3908 Distribution; Right Or Title Of Distributee
  Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution from a personal representative,...
• § 14-3909 Improper Distribution; Liability Of Distributee
  Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property or money improperly distributed...
• § 14-3910 Purchasers From Distributees Or Transferees Protected
  If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who...
• § 14-3911 Partition For Purpose Of Distribution
  When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the...
• § 14-3912 Private Agreements Among Successors To Decedent Binding On Personal Representative
  Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which...
• § 14-3913 Distributions To Trustee
  A. Before distributing to a trustee, the personal representative may require that the trustee inform the beneficiaries as provided in section 14-10813, subsection B,...
• § 14-3914 Disposition Of Unclaimed Assets
  A. If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator,...
• § 14-3915 Distribution To Person Under Disability
  A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person...
• § 14-3916 Community Property
  In making a division or distribution of community property held in the decedent's estate, the personal representative may consider community property held outside the...

Article 10 Closing Estates

• § 14-3931 Formal Proceedings Terminating Administration; Testate Or Intestate; Order Of General Protection
  A. A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition...
• § 14-3932 Formal Proceedings Terminating Testate Administration; Order Construing Will Without Adjudicating Testacy
  A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order...
• § 14-3933 Closing Estates; Statement Of Personal Representative
  A. Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an...
• § 14-3934 Liability Of Distributees To Claimants
  After assets of an estate have been distributed and subject to section 14-3936, an undischarged claim not barred may be prosecuted in a proceeding...
• § 14-3935 Limitations On Proceedings Against Personal Representative
  Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims against the...
• § 14-3936 Limitations On Actions And Proceedings Against Distributees
  A. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the...
• § 14-3937 Certificate Discharging Liens Securing Fiduciary Performance
  After his appointment has terminated, the personal representative, his sureties or any successor of either, upon the filing of a verified application showing, so...
• § 14-3938 Subsequent Administration
  If other property of the estate is discovered after an estate has been settled and the personal representative has been discharged or after one...

Article 11 Compromise of Controversies

• § 14-3951 Effect Of Approval Of Agreements Involving Trusts, Inalienable Interests, Or Interests Of Third Persons
  A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the...
• § 14-3952 Procedure For Securing Court Approval Of Compromise
  The procedure for securing court approval of a compromise is as follows: 1. The terms of the compromise shall be set forth in an...

Article 12 Transfer of Title to Small Estates by Affidavit and Summary Administration Procedure

• § 14-3971 Collection Of Personal Property By Affidavit; Ownership Of Vehicles; Affidavit Of Succession To Real Property
  A. At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent...
• § 14-3972 Effect Of Affidavit
  A. The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same...
• § 14-3973 Small Estates; Summary Administrative Procedure
  If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed allowance in...
• § 14-3974 Small Estates; Closing By Sworn Statement Of Personal Representative
  A. Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an...

Chapter 4 FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION
Article 1 Definitions

• § 14-4101 Definitions
  In this chapter, unless the context otherwise requires: 1. " Local administration" means administration by a personal representative appointed in this state pursuant to...

Article 2 Powers of Foreign Personal Representatives

• § 14-4201 Payment Of Debt And Delivery Of Property To Domiciliary Foreign Personal Representative Without Local Administration
  At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the...
• § 14-4202 Payment Or Delivery Discharges
  Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession...
• § 14-4203 Resident Creditor Notice
  Payment or delivery under section 14-4201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the...
• § 14-4204 Proof Of Authority And Bond
  If local administration, application or petition is not pending in this state, a domiciliary foreign personal representative may file with a court in this...
• § 14-4205 Powers
  A domiciliary foreign personal representative who has complied with section 14-4204 may exercise as to assets in this state all powers of a local...
• § 14-4206 Power Of Representatives In Transition
  The power of a domiciliary foreign personal representative under section 14-4201 or section 14-4205 shall be exercised only if there is no administration or...
• § 14-4207 Ancillary And Other Local Administrations; Provisions Governing
  In respect to a nonresident decedent, the provisions of chapter 3 of this title govern both: 1. Proceedings, if any, in a court of...

Article 3 Jurisdiction Over Foreign Representatives

• § 14-4301 Jurisdiction By Act Of Foreign Personal Representative
  A. A foreign personal representative submits personally to the jurisdiction of the courts of this state, in any proceeding relating to the estate, by...
• § 14-4302 Jurisdiction By Act Of Decedent
  In addition to jurisdiction conferred by section 14-4301, a foreign personal representative is subject to the jurisdiction of the courts of this state to...
• § 14-4303 Service On Foreign Personal Representative
  A. Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address,...

Article 4 Judgments and Personal Representative

• § 14-4401 Effect Of Adjudication For Or Against Personal Representative
  An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal...

Chapter 5 PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Article 1 General Provisions

• § 14-5101 Definitions
  In this title, unless the context otherwise requires: 1. " Incapacitated person" means any person who is impaired by reason of mental illness, mental...
• § 14-5102 Jurisdiction Of Subject Matter; Consolidation Of Proceedings
  A. The court has jurisdiction over protective proceedings and guardianship proceedings. B. When both guardianship and protective proceedings as to the same person are...
• § 14-5103 Facility Of Payment Or Delivery
  A. Any person under a duty to pay or deliver money or personal property to a minor, including monies related to the settlement of...
• § 14-5104 Delegation Of Powers By Parent Or Guardian
  A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for...
• § 14-5105 Bond Of Guardian
  Guardians coming into the possession or control of funds or other property of persons under disability may be required by the court to furnish...
• § 14-5106 Disclosure Requirements For Proposed Guardians And Conservators; Restrictions By Local Rules
  A. Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B,...
• § 14-5107 Military Member Power Of Attorney; Definition
  A. A military member who is a parent or guardian of a minor child or ward may delegate to another person, for a period...
• § 14-5108 Guardianship Of Foreign Citizens
  The court may appoint a guardian of an adult foreign citizen if all of the following are true: 1. The foreign citizen is under...
• § 14-5109 Disclosure Of Compensation; Determining Reasonableness And Necessity
  A. When a guardian, a conservator, an attorney or a guardian ad litem who intends to seek compensation from the estate of a ward...
• § 14-5110 Claim Deadline For Compensation; Definitions
  A. In a guardianship, conservatorship or protective proceeding, unless a later claim deadline is established in advance by the court, a claim for compensation...

Article 2 Guardians of Minors

• § 14-5201 Status Of Guardian Of Minor; General
  A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues...
• § 14-5202 Testamentary Appointment Of Guardian Of Minor
  The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section...
• § 14-5203 Objection By Minor Of Fourteen Or Older To Testamentary Appointment
  A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted...
• § 14-5204 Court Appointment Of Guardian Of Minor; Conditions For Appointment
  The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or...
• § 14-5205 Court Appointment Of Guardian Of Minor; Venue
  The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.
• § 14-5206 Court Appointment Of Guardian Of Minor; Qualifications; Priority Of Minor's Nominee; Fingerprints
  A. The court shall appoint as guardian a person whose appointment would be in the best interests of the minor. The court may appoint...
• § 14-5207 Formal Appointment Of Guardian Of Minor; Procedure
  A. Any person interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set...
• § 14-5208 Consent To Service By Acceptance Of Appointment; Notice
  By accepting a testamentary or court appointment as guardian a guardian submits personally to the jurisdiction of the court in any proceeding relating to...
• § 14-5209 Powers And Duties Of Guardian Of Minor
  A. A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward's support, care and education. A guardian...
• § 14-5210 Termination Of Appointment Of Guardian; General
  A guardian's authority and responsibility terminates on the death, resignation or removal of the guardian or on the minor's death, adoption, marriage or attainment...
• § 14-5211 Proceedings Subsequent To Appointment; Venue
  A. The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary...
• § 14-5212 Resignation Or Removal Proceedings
  A. Any person interested in the welfare of a ward or the ward, if fourteen or more years of age, may petition for removal...

Article 3 Guardians of Incapacitated Persons

• § 14-5301 Appointment Of Guardian By Will Or Other Writing; Objections; Notice
  A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated...
• § 14-5301.01 Appointment Of Guardian By Will Or Other Writing; Effectiveness; Acceptance; Confirmation
  A. The appointment of a guardian pursuant to section 14-5301 is effective on the death of the appointing parent or spouse, the adjudication of...
• § 14-5301.02 Appointment And Status Of Guardian
  A person becomes a guardian of an incapacitated person by a parental or spousal appointment or on appointment by the court. The guardianship continues...
• § 14-5301.03 Judicial Appointment Of Guardian; Special Provision For Incapacitated Minors Approaching Adulthood
  A. A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who...
• § 14-5301.04 Judicial Appointment Of Conservator Or Protective Order; Special Provision For Incapacitated Minors Approaching Adulthood
  A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is...
• § 14-5302 Venue
  The venue for guardianship proceedings for an incapacitated person is in the county where the incapacitated person resides or is present. If the incapacitated...
• § 14-5303 Procedure For Court Appointment Of A Guardian Of An Alleged Incapacitated Person
  A. The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or...
• § 14-5304 Findings; Limitations; Filing; Fingerprinting
  A. In exercising its appointment authority pursuant to this chapter, the court shall encourage the development of maximum self-reliance and independence of the incapacitated...
• § 14-5304.01 Effect Of Appointment Of Guardian On Privilege To Operate A Motor Vehicle
  A. On the appointment of a guardian, the court may determine that the ward's privilege to obtain or retain a driver license should be...
• § 14-5304.02 Limited Guardianship; Voting
  A person for whom a limited guardian is appointed shall retain the right to vote if the person files a petition, has a hearing...
• § 14-5305 Acceptance Of Appointment; Consent To Jurisdiction
  By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted...
• § 14-5306 Termination Of Guardianship For Incapacitated Person
  The authority and responsibility of a guardian for an incapacitated person terminates on the death of the guardian or ward, a determination of incapacity...
• § 14-5307 Substitution Or Resignation Of Guardian; Termination Of Incapacity
  A. On petition of the ward or any person interested in the ward's welfare, or on the court's own initiative, the court shall substitute...
• § 14-5308 Court Appointed Investigators; Qualifications; Duties
  A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall...
• § 14-5309 Notices In Guardianship Proceedings
  A. In a proceeding for the appointment or substitution of a guardian of a ward or an alleged incapacitated person other than the appointment...
• § 14-5310 Temporary Guardians; Appointment; Notice; Court Appointed Attorney Hearings; Duties
  A. If an alleged incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the duties...
• § 14-5310.01 Adult Protective Services Workers; Special Visitation Warrants
  A. Adult protective services workers of the department of economic security charged with responsibilities involving protection of incapacitated and abused, exploited or neglected adults...
• § 14-5311 Who May Be Guardian; Priorities
  A. Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106. B. The court may consider...
• § 14-5312 General Powers And Duties Of Guardian
  A. A guardian of an incapacitated person has the same powers, rights and duties respecting the guardian's ward that a parent has respecting the...
• § 14-5312.01 Inpatient Treatment; Rights And Duties Of Ward And Guardian
  A. Except as provided in subsection B of this section, a guardian of an incapacitated person may consent to psychiatric and psychological care and...
• § 14-5312.02 Admission For Evaluation Or Treatment By Guardian; Duties Of Physician Or Mental Health Care Provider
  A. Notwithstanding the procedures and requirements prescribed in title 36, chapter 5, articles 4 and 5 relating to involuntary court-ordered evaluation or treatment, if...
• § 14-5313 Proceedings Subsequent To Appointment; Venue
  A. The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance...
• § 14-5314 Compensation Of Appointees; Definitions
  A. If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist or guardian who is appointed pursuant to this...
• § 14-5315 Guardian Reports; Contents
  A. A guardian shall submit a written report to the court annually, pursuant to rules adopted by the supreme court, on resignation or substitution...

Article 4 Protection of Property of Persons Under Disability and Minors

• § 14-5401 Protective Proceedings; Fingerprinting
  A. On petition and after notice and a hearing pursuant to this article, the court may appoint a conservator or make another protective order...
• § 14-5401.01 Temporary Conservators; Appointment; Notice; Hearings
  A. If a person allegedly in need of protection has no conservator and an emergency exists or if an appointed conservator is not effectively...
• § 14-5402 Protective Proceedings; Jurisdiction Of Affairs Of Protected Persons
  After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding,...
• § 14-5403 Venue
  Venue for proceedings under this article is: 1. In the county in this state where the person to be protected resides whether or not...
• § 14-5404 Original Petition For Appointment Or Protective Order
  A. The person allegedly in need of protection, any person who is interested in that person's estate or affairs, including that person's parent, guardian...
• § 14-5405 Notice In Conservatorship Proceedings
  A. In a proceeding for the appointment or substitution of a conservator of a protected person or person allegedly in need of protection, other...
• § 14-5406 Protective Proceedings; Request For Notice; Interested Person
  On payment of any required fee, any interested person who desires to be notified before any order is made in a guardianship or conservatorship...
• § 14-5407 Procedure Concerning Hearing And Order On Original Petition
  A. On the filing of a petition for appointment of a conservator or any other protective order because of minority, the court shall set...
• § 14-5408 Permissible Court Orders
  A. The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of...
• § 14-5409 Protective Arrangements And Single Transactions Authorized
  A. If it is established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs...
• § 14-5410 Who May Be Appointed Conservator; Priorities
  A. The court may appoint an individual or a corporation, with general power to serve as trustee, as conservator of the estate of a...
• § 14-5411 Bond; Exception
  A. Except as otherwise provided in subsection B, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all...
• § 14-5412 Terms And Requirements Of Bonds
  A. The following requirements and provisions apply to any bond required under section 14-5411: 1. Unless otherwise provided by the terms of the approved...
• § 14-5413 Acceptance Of Appointment; Consent To Jurisdiction
  By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted...
• § 14-5414 Compensation And Expenses; Definitions
  A. If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist or conservator who is appointed in a protective...
• § 14-5414.01 State Veterans' Conservatorship Fund
  A. The state veterans' conservatorship fund is established. B. All conservatorship monies collected pursuant to section 14-5414, subsection G shall be deposited, pursuant to...
• § 14-5415 Resignation Or Substitution Of Conservator
  A. On petition of the protected person or any person interested in the protected person's welfare, or on the court's own initiative, the court...
• § 14-5416 Petitions For Orders Subsequent To Appointment
  A. Any person interested in the estate or affairs of a person for whom a conservator has been appointed may file a petition in...
• § 14-5417 General Duty Of Conservator
  In exercising powers, a conservator is to act as a fiduciary and shall observe the standard of care applicable to trustees as described by...
• § 14-5418 Inventory And Records
  A. Within ninety days after appointment, a conservator shall prepare and file with the court an inventory of the assets of the protected person...
• § 14-5419 Accounts; Definition
  A. Except as provided pursuant to subsection F of this section, every conservator must account to the court for the administration of the estate...
• § 14-5420 Conservators; Title By Appointment
  A. The appointment of a conservator vests in the conservator title as trustee to all property or to the part specified in the order...
• § 14-5421 Recording Of Conservator's Letters
  Letters of conservatorship are evidence of transfer of all assets, or in the case of a limited conservatorship, the part specified in the letters,...
• § 14-5422 Sale, Encumbrance Or Transaction Involving Conflict Of Interest; Voidable; Exceptions
  Any sale or encumbrance to a conservator, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial...
• § 14-5423 Persons Dealing With Conservators; Protection
  A. A person who in good faith either assists or deals with a conservator, on the basis of a copy of letters certified by...
• § 14-5424 Powers Of Conservator In Administration
  A. Subject to the limitations provided in section 14-5425, a conservator has all the powers conferred herein and any additional powers conferred by law...
• § 14-5425 Distributive Duties And Powers Of Conservator
  A. A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care or...
• § 14-5426 Enlargement Or Limitation Of Powers Of Conservator
  A. Subject to the restrictions in section 14-5408, subsection A, paragraph 4, the court may confer on a conservator at the time of appointment...
• § 14-5427 Preservation Of Estate Plan
  In investing the estate, and in selecting assets of the estate for distribution under section 14-5425, subsection A, in utilizing powers of revocation or...
• § 14-5428 Claims Against Protected Person; Enforcement
  A. A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the...
• § 14-5429 Personal Liability Of Conservator
  A. Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in the conservator's fiduciary capacity...
• § 14-5430 Termination Of Proceeding
  A. The protected person, the conservator or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination...
• § 14-5431 Payment Of Debt And Delivery Of Property To Foreign Conservator Without Local Proceedings
  Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action...
• § 14-5432 Domiciliary Foreign Conservator; Powers Of Local Conservator
  If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may...
• § 14-5433 Probate Fund; Use
  A. The presiding judge of the superior court in each county may establish a probate fund consisting of monies received pursuant to sections 14-3722,...

Article 5 Powers of Attorney

• § 14-5501 Durable Power Of Attorney; Creation; Validity
  A. A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall...
• § 14-5502 Effect Of Lapse Of Time, Disability Or Incapacity
  All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have...
• § 14-5503 Relation Of Agent To Court Appointed Fiduciary
  A. If, following execution of a durable power of attorney, a court of the principal's domicile appoints any conservator or other fiduciary charged with...
• § 14-5504 Revocation; Termination; Effect; Notice
  A. The death of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the...
• § 14-5505 Continuance Of Durable Powers Of Attorney By Affidavit
  A. An affidavit executed by the agent under a durable power of attorney stating that the agent did not have at the time of...
• § 14-5506 Powers Of Attorney; Intimidation; Deception; Definitions
  A. If the agent acted with intimidation or deception in procuring the power of attorney or any authority provided in the power of attorney,...
• § 14-5507 Applicability Of Article
  This article does not apply to health care directives that are validly executed under section 36-3221 and does not establish authority under a durable...

Article 6 Public Fiduciary

• § 14-5601 Establishment Of Office Of Public Fiduciary; Appointments; Costs
  A. Each county board of supervisors, by resolution or ordinance, shall establish the office of and appoint a public fiduciary. The supreme court shall...
• § 14-5602 Duties Of Public Fiduciary; Appointment; Law Enforcement Agency; Temporary Protection Of Property; Definition
  A. The court shall appoint a public fiduciary for those persons or decedents' estates in need of guardianship, conservatorship or administration and for whom...
• § 14-5603 Deposit Of Funds; Investment Plan
  A. All funds coming into the custody of the public fiduciary shall be deposited in the county treasury and disbursed at the direction of...
• § 14-5604 Claim Against Estate For Expenses
  A. The public fiduciary has a claim for all of the following against the estate of the ward, protected person or decedent: 1. Reasonable...
• § 14-5605 Letter Testamentary Or Of Administration Not Required; Statement To Be Filed; Powers And Duties
  A. Whenever the gross assets of an estate do not exceed in value twenty thousand dollars the public fiduciary may act without the issuance...
• § 14-5606 Additional Powers And Duties Of The Public Fiduciary
  A. If the gross assets of the estate exceed twenty thousand dollars, the public fiduciary may file with the court a verified petition to...

Article 7 Fiduciaries

• § 14-5651 Fiduciaries; Licensure; Qualifications; Conduct; Removal; Exemption; Definitions
  A. Except as provided by subsection G of this section, the superior court shall not appoint a fiduciary unless that person is licensed by...
• § 14-5652 Attorneys; Fiduciary Duties
  A. Except as prescribed pursuant to section 14-1104 and absent an express agreement to the contrary, the performance by an attorney of legal services...

Article 8 Fiduciary Arrest Warrants

• § 14-5701 Fiduciary Arrest Warrants
  A. In an action or proceeding to enforce a court action in a case filed pursuant to this title or title 41, chapter 4,...
• § 14-5702 Time And Manner Of Execution; Information
  A. A fiduciary arrest warrant is executed by the arrest of the person named in the warrant. The fiduciary arrest warrant may be executed...
• § 14-5703 Procedure After Arrest; Payment For Release From Custody
  A. When a person who is arrested pursuant to a fiduciary arrest warrant is brought before the court, the judicial officer shall advise the...
• § 14-5704 Entry Into Criminal Information System
  A fiduciary arrest warrant shall be entered in the wanted person file of the Arizona criminal justice information system.

Chapter 6 NONPROBATE TRANSFERS
Article 1 General Provisions

• § 14-6101 Nonprobate Transfers On Death; Nontestamentary Nature
  A. A provision for a nonprobate transfer on death in any insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security,...
• § 14-6102 Nonprobate Transferees; Liability For Creditor Claims And Statutory Allowances
  A. Except as otherwise provided by law, a transferee of a nonprobate transfer is subject to liability to the decedent's probate estate for allowed...
• § 14-6103 Notice Of Death Of Settlor; Filing Claim Against Trust Estate
  A. After the death of the settlor the trustee of a nontestamentary trust may notify known creditors pursuant to section 14-3801, subsection B and...

Article 2 Accounts

• § 14-6201 Definitions
  In this article, unless the context otherwise requires: 1. " Account" means a contract of deposit between a depositor and a financial institution and...
• § 14-6202 Application Of Article
  This article does not apply to: 1. An account established for any partnership, joint venture or other organization for a business purpose. 2. An...
• § 14-6203 Types Of Accounts; Existing Accounts
  A. An account may be for a single party or multiple parties. A multiple party account may be with or without a right of...
• § 14-6204 Sample Forms
  A. A contract of deposit that contains provisions in substantially the following form establishes the type of account provided. The account is governed by...
• § 14-6205 Designation Of Agent; Authority; Termination
  A. By a writing signed by all parties, the parties may designate as an agent for all of the parties on the account a...
• § 14-6206 Beneficial Ownership; Application And Limitation Of Article
  The requirements of this article that relate to beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between...
• § 14-6211 Ownership Of Accounts
  A. During the lifetime of all parties an account belongs to the parties in proportion to the net contribution of each to the sums...
• § 14-6212 Death Of A Party; Rights Of Survivors
  A. Except as otherwise provided in this section, on the death of a party, sums on deposit in a multiple party account belong to...
• § 14-6213 Alteration Of Rights
  A. Rights at death under section 14-6212 are determined by the type of account at the death of a party. The type of account...
• § 14-6214 Accounts; Transfers; Nontestamentary Effect
  A transfer of an account pursuant to section 14-6212 is effective by reason of the terms of the account involved and is not testamentary...
• § 14-6216 Community Property; Effect Of Account; Right Of Survivorship
  A. A deposit of community property in an account does not alter the community character of the property or community rights in the property....
• § 14-6221 Financial Institutions; Types Of Accounts
  A. A financial institution may enter into a contract of deposit for a multiple party account to the same extent it may enter into...
• § 14-6222 Multiple Party Accounts; Payment; Proof Of Death And Survivorship
  A financial institution, on request, may pay sums on deposit on a multiple party account to: 1. One or more of the parties, whether...
• § 14-6223 Pay On Death Accounts; Payment
  A financial institution, on request, may pay sums on deposit in an account with a pay on death designation to: 1. One or more...
• § 14-6224 Agency Accounts; Payment To Designated Agent
  A financial institution on request of an agent under an agency designation for an account may pay to the agent sums on deposit in...
• § 14-6225 Payments To Minors
  If a financial institution is required or permitted to make payment pursuant to this article to a minor designated as a beneficiary, payment may...
• § 14-6226 Financial Institutions; Discharge Of Claims; Exception
  A. A payment made pursuant to this article in accordance with the type of account discharges the financial institution from all claims for these...
• § 14-6227 Financial Institutions; Right To Setoff Against Account
  Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party is indebted to a financial...

Article 3 Securities

• § 14-6301 Definitions
  In this article, unless the context otherwise requires: 1. " Beneficiary form" means a registration of a security that indicates the present owner of...
• § 14-6302 Registration Of Securities; Form
  Only a person whose registration of a security shows sole ownership by one person or multiple ownership by two or more persons with right...
• § 14-6303 Registration In Beneficiary Form; Applicable Law
  A. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of...
• § 14-6304 Origination Of Registration
  A security, whether evidenced by certificate or account, is registered in beneficiary form if the registration includes a designation of a beneficiary to take...
• § 14-6305 Form Of Registration
  Registration in beneficiary form may be shown by the words " transfer on death" or the abbreviation " TOD" or by the words "...
• § 14-6306 Effect Of Registration
  A. The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death....
• § 14-6307 Ownership On Death Of Owner
  A. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes...
• § 14-6308 Registering Entity; Obligations; Protection
  A. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in...
• § 14-6310 Registrations; Terms, Conditions And Forms
  A. A registering entity that offers to accept registrations in beneficiary form may establish the terms and conditions under which it will receive and...
• § 14-6311 Application Of Article
  This article applies to registrations of securities in beneficiary form made before or after December 31, 1994, by decedents dying on or after December...

Chapter 7 TRUST ADMINISTRATION
Article 4 Revised Uniform Principal and Income Act

• § 14-7401 Definitions
  In this article, unless the context otherwise requires: 1. " Accounting period" means a calendar year unless another twelve month period is selected by...
• § 14-7402 Fiduciary Duties; General Principles
  A. In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of sections 14-7405...
• § 14-7403 Trustee's Power To Adjust
  A. A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets...
• § 14-7404 Judicial Control Of Discretionary Powers
  A. A court shall not change a fiduciary's decision to exercise or not to exercise a discretionary power conferred by this article unless it...
• § 14-7405 Determination And Distribution Of Net Income
  After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following apply: 1. A...
• § 14-7406 Distribution To Residuary And Remainder Beneficiaries
  A. Each beneficiary described in section 14-7405, paragraph 4 is entitled to receive a portion of the net income equal to the beneficiary's fractional...
• § 14-7407 When Right To Income Begins And Ends
  A. An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the...
• § 14-7408 Apportionment Of Receipts And Disbursements When Decedent Dies Or Income Interest Begins
  A. A trustee shall allocate an income receipt or disbursement other than one to which section 14-7405, paragraph 1 applies to principal if its...
• § 14-7409 Apportionment When Income Interest Ends; Definition
  A. When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of...
• § 14-7410 Character Of Receipts; Definition
  A. Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity. B. A trustee shall allocate...
• § 14-7411 Distribution From Trust Or Estate
  A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust...
• § 14-7412 Business And Other Activities Conducted By Trustee
  A. If a trustee who conducts a business or other activity determines that it is in the best interest of all of the beneficiaries...
• § 14-7413 Principal Receipts
  A trustee shall allocate to principal: 1. To the extent not allocated to income under this article, assets received from a transferor during the...
• § 14-7414 Rental Property
  To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount...
• § 14-7415 Obligation To Pay Money
  A. An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation to pay money to the trustee,...
• § 14-7416 Insurance Policies And Similar Contracts
  A. Except as otherwise provided in subsection B of this section, a trustee shall allocate to principal the proceeds of a life insurance policy...
• § 14-7417 Insubstantial Allocations Not Required
  If a trustee determines that an allocation between principal and income required by section 14-7418, 14-7419, 14-7420, 14-7421 or 14-7424 is insubstantial, the trustee...
• § 14-7418 Deferred Compensation, Annuities And Similar Payments; Definition
  A. To the extent that a payment is characterized as interest or a dividend, or a payment made in lieu of interest or a...
• § 14-7419 Liquidating Assets; Definition
  A. A trustee shall allocate to income ten per cent of the receipts from a liquidating asset and the balance to principal. B. For...
• § 14-7420 Minerals, Water And Other Natural Resources
  A. To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the...
• § 14-7421 Timber
  A. To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee...
• § 14-7422 Property Not Productive Of Income
  A. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide...
• § 14-7423 Derivatives And Options; Definition
  A. To the extent that a trustee does not account under section 14-7412 for transactions in derivatives, the trustee shall allocate to principal receipts...
• § 14-7424 Asset-Backed Securities; Definition
  A. If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee...
• § 14-7425 Disbursements From Income
  A trustee shall make the following disbursements from income to the extent that they are not disbursements to which section 14-7405, paragraph 2, subdivision...
• § 14-7426 Disbursements From Principal
  A. A trustee shall make the following disbursements from principal: 1. The remaining one-half of the disbursements described in section 14-7425, paragraphs 1 and...
• § 14-7427 Transfers From Income To Principal For Depreciation; Definition
  A. A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation...
• § 14-7428 Transfers From Income To Reimburse Principal
  A. If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from...
• § 14-7429 Income Taxes
  A. A tax required to be paid by a trustee based on receipts allocated to income must be paid from income. B. A tax...
• § 14-7430 Adjustments Between Principal And Income Because Of Taxes
  A. A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and...
• § 14-7431 Proposed Actions; Notification; Definition
  A. A trustee may, but is not required to, give notice of a proposed action regarding a matter governed by this article as provided...

Article 5 Uniform Fiduciaries Act

• § 14-7501 Definitions
  A. In this article, unless the context otherwise requires: 1. " Bank" includes commercial banks, savings banks, trust companies, and any person or association...
• § 14-7502 Application Of Payments Made To Fiduciaries
  A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized...
• § 14-7503 Transfer Of Negotiable Instrument By Fiduciary
  If any negotiable instrument payable or endorsed to a fiduciary as such is endorsed by the fiduciary, or if any negotiable instrument payable or...
• § 14-7504 Check Drawn By Fiduciary Payable To Third Person
  If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a...
• § 14-7505 Check Drawn By And Payable To Fiduciary
  If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a...
• § 14-7506 Deposit In Name Of Fiduciary As Such
  If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount...
• § 14-7507 Deposit In Name Of Principal
  If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon...
• § 14-7508 Deposit In Fiduciary's Personal Account
  If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own...
• § 14-7509 Deposit In Names Of Two Or More Trustees
  When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon...
• § 14-7510 Cases Not Provided For By Article
  In any case not provided for in this article the rules of law and equity, including the law merchant and those rules of law...
• § 14-7511 Uniformity Of Interpretation
  This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact
• § 14-7512 Short Title
  This article may be cited as the uniform fiduciaries act.

Article 7 Arizona Uniform Transfers to Minors Act

• § 14-7651 Definitions
  In this article, unless the context otherwise requires: 1. " Adult" means a person who is at least twenty-one years of age. 2. "...
• § 14-7652 Scope And Jurisdiction
  A. This article applies to a transfer that refers to this article in the designation made pursuant to section 14-7659 by which the transfer...
• § 14-7653 Nomination Of Custodian
  A. A person having the right to designate the recipient of property transferable on the occurrence of a future event may revocably nominate a...
• § 14-7654 Transfer By Gift Or Exercise Of Power Of Appointment
  A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian...
• § 14-7655 Transfer Authorized By Will Or Trust
  A. A personal representative or trustee may make an irrevocable transfer pursuant to section 14-7659 to a custodian for the benefit of a minor...
• § 14-7656 Other Transfer By Fiduciary
  A. Pursuant to subsection C of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company...
• § 14-7657 Transfer By Obligor
  A. Pursuant to subsections B and C of this section, a person who is not subject to section 14-7655 or 14-7656 and who holds...
• § 14-7658 Receipt For Custodial Property
  A written acknowledgement of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this
• § 14-7659 Manner Of Creating Custodial Property And Effecting Transfer; Designation Of Initial Custodian; Control
  A. Custodial property is created and a transfer is made if: 1. An uncertificated security or a certificated security in registered form is either...
• § 14-7660 Single Custodianship
  A transfer may be made only for one minor and only one person may be the custodian. All custodial property held under this article...
• § 14-7661 Validity And Effect Of Transfer
  A. The validity of a transfer made in a manner prescribed in this article is not affected by any of the following: 1. Failure...
• § 14-7662 Care Of Custodial Property; Duties Of Custodian
  A. A custodian shall: 1. Take control of custodial property. 2. Register or record title to custodial property if appropriate. 3. Collect, hold, manage,...
• § 14-7663 Powers Of Custodian
  A. A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over...
• § 14-7664 Use Of Custodial Property
  A. A custodian may deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the...
• § 14-7665 Custodian's Expenses, Compensation And Bond
  A. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. B. Except for...
• § 14-7666 Exemption Of Third Person From Liability
  A third person in good faith and without court order may act on the instructions of or otherwise deal with a person purporting to...
• § 14-7667 Liability To Third Persons
  A. A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or...
• § 14-7668 Renunciation, Resignation, Death Or Removal Of Custodian; Designation Of Successor
  A. A person nominated pursuant to section 14-7653 or designated pursuant to section 14-7659 as custodian may decline to serve by delivering a valid...
• § 14-7669 Accounting By And Determination Of Liability Of Custodian
  A. A minor who is at least fourteen years of age, the minor's guardian of the person or legal representative, an adult member of...
• § 14-7670 Termination Of Custodianship
  The custodian shall transfer in an appropriate manner the custodial property to the minor or the minor's estate on the earlier of: 1. The...
• § 14-7671 Applicability
  This article applies to a transfer within the scope of section 14-7652 made after its effective date if either of the following is true:...

Chapter 8 ADULT ADOPTION
Article 1 General Provisions

• § 14-8101 Adult Adoption; Agreement; Consent Of Spouse; Court Procedure; Petition
  A. Any adult person may adopt either another adult person who is at least eighteen years of age and not more than twenty-one years...

Chapter 9 UNIFORM CUSTODIAL TRUST ACT
Article 1 General Provisions

• § 14-9101 Definitions
  In this title, unless the context otherwise requires: 1. " Beneficiary" means an individual for whom property has been transferred to, or held under...
• § 14-9102 Custodial Trust; General
  A. A person may create a custodial trust of property by a written transfer of the property to another person that is evidenced by...
• § 14-9103 Custodial Trustee For Future Payment Or Transfer
  A. A person having the right to designate the recipient of property payable or transferable on a future event may create a custodial trust...
• § 14-9104 Form And Effect Of Receipt And Acceptance By Custodial Trustee; Jurisdiction
  A. Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter on the custodial trustee's acceptance,...
• § 14-9105 Transfer To Custodial Trustee By Fiduciary Or Obligor; Facility Of Payment
  A. Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 14-9103, a person, including a fiduciary other than a custodial...
• § 14-9106 Multiple Beneficiaries; Separate Custodial Trusts; Survivorship
  A. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each...
• § 14-9107 General Duties Of Custodial Trustee
  A. If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. B. If the beneficiary is not...
• § 14-9108 General Powers Of Custodial Trustee
  A. A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property that an unmarried adult owner...
• § 14-9109 Use Of Custodial Trust Property
  A. A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit as much or all of the custodial...
• § 14-9110 Determination Of Incapacity; Effect
  A. The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if either: 1. The custodial trust was created under section...
• § 14-9111 Exemption Of Third Person From Liability
  A third person in good faith and without a court order may act on the instructions of or otherwise deal with a person who...
• § 14-9112 Liability To Third Person
  A. A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership...
• § 14-9113 Declination, Resignation, Incapacity, Death Or Removal Of Custodial Trustee; Designation Of Successor Custodial Trustee
  A. Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the...
• § 14-9114 Expenses, Compensation And Bond Of Custodial Trustee
  Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary or by court order, a custodial trustee:...
• § 14-9115 Reporting And Accounting By Custodial Trustee; Determination Of Liability Of Custodial Trustee
  A. On the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter...
• § 14-9116 Limitations Of Action Against Custodial Trustee
  A. Except as provided in subsection C, unless previously barred by adjudication, consent or limitation, a claim for relief against a custodial trustee for...
• § 14-9117 Distribution On Termination
  A. On the termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: 1. To the beneficiary, if not...
• § 14-9118 Methods And Forms For Creating Custodial Trusts
  A. If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section...
• § 14-9119 Applicable Law
  A. This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the...

Chapter 10 UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
Article 1 General Provisions

• § 14-10001 Short Title
  This chapter may be cited as the Arizona uniform disclaimer of property interests act.
• § 14-10002 Definitions
  In this chapter, unless the context otherwise requires: 1. " Disclaimant" means the person to whom a disclaimed interest or power would have passed...
• § 14-10003 Scope Of Chapter
  This chapter applies to disclaimers of any interest in or power over property, whenever created.
• § 14-10004 Chapter Supplemented By Other Law
  A. Unless displaced by this chapter, the principles of law and equity supplement this chapter. B. This chapter does not limit any right of...
• § 14-10005 Power To Disclaim; General Requirements; When Irrevocable
  A. A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. A person...
• § 14-10006 Disclaimer Of Interest In Property; Definitions
  A. Except for a disclaimer governed by section 14-10007 or 14-10008, the following rules apply to a disclaimer of an interest in property: 1....
• § 14-10007 Disclaimer Of Rights Of Survivorship In Jointly Held Property
  A. On the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of...
• § 14-10008 Disclaimer Of Interest By Trustee
  If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
• § 14-10009 Disclaimer Of Power Of Appointment Or Other Power Not Held In Fiduciary Capacity
  If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: 1. If the...
• § 14-10010 Disclaimer By Appointee, Object Or Taker In Default Of Exercise Of Power Of Appointment
  A. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument...
• § 14-10011 Disclaimer Of Power Held In Fiduciary Capacity
  A. If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the...
• § 14-10012 Delivery Or Filing; Definition
  A. Subject to subsections B through K, delivery of a disclaimer may be effected by personal delivery, first class mail or any other method...
• § 14-10013 When Disclaimer Barred Or Limited
  A. A disclaimer is barred by a written waiver of the right to disclaim. B. A disclaimer of an interest in property is barred...
• § 14-10014 Tax Qualified Disclaimer
  Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated, pursuant...
• § 14-10015 Recording Of Disclaimer
  If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed,...
• § 14-10016 Application To Existing Relationships
  Except as otherwise provided in section 14-10013, an interest in or power over property existing on the effective date of this chapter as to...
• § 14-10017 Relation To Electronic Signatures In Global And National Commerce Act
  This chapter modifies, limits and supersedes the federal electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States...
• § 14-10018 Uniformity Of Application And Construction
  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject...

Chapter 11 ARIZONA TRUST CODE
Article 1 General Provisions

• § 14-10101 Short Title
  This chapter may be cited as the Arizona trust code.
• § 14-10102 Scope
  This chapter applies to express trusts, charitable or noncharitable trusts and trusts created pursuant to a statute, judgment or decree that requires the trust...
• § 14-10103 Definitions
  In this chapter, unless the context otherwise requires: 1. " Action" , with respect to an act of a trustee, includes a failure to...
• § 14-10104 Knowledge
  A. Subject to subsection B, a person has knowledge of a fact if any of the following apply: 1. The person has actual knowledge...
• § 14-10105 Default And Mandatory Rules
  A. Except as otherwise provided in the terms of the trust, this chapter governs: 1. The duties, powers, exercise of powers resignation, and appointment...
• § 14-10106 Common Law Of Trusts; Principles Of Equity
  A. The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute...
• § 14-10107 Governing Law
  A. The meaning and effect of the terms of a trust are determined by the law of the jurisdiction designated in the terms of...
• § 14-10108 Principal Place Of Administration
  A. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration...
• § 14-10109 Methods And Waiver Of Notice
  A. Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in...
• § 14-10110 Others Treated As Qualified Beneficiaries
  A. A charitable organization that is expressly and irrevocably designated to receive distributions under the terms of a charitable trust or a person appointed...
• § 14-10111 Nonjudicial Settlement Agreements; Definition
  A. Except as otherwise provided in subsection B of this section, and except for modification or termination of a trust as otherwise permitted pursuant...
• § 14-10112 Rules Of Construction
  The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to...

Article 2 Judicial Proceedings

• § 14-10201 Role Of Court In Administration Of Trust
  A. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as...
• § 14-10202 Jurisdiction Over Trustee And Beneficiary
  A. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of...
• § 14-10203 Subject Matter Jurisdiction
  A. The superior court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust....
• § 14-10204 Venue
  A. Except as otherwise provided in subsection B, venue for a judicial proceeding involving a trust is in the county of this state in...
• § 14-10205 Alternative Dispute Resolution
  A trust instrument may provide mandatory, exclusive and reasonable procedures to resolve issues between the trustee and interested persons or among interested persons with...

Article 3 Representation

• § 14-10301 Representation
  Sections 14-1404, 14-1405, 14-1406, 14-1407 and 14-1408 apply to trusts governed by this chapter.

Article 4 Creation, Validity, Modification and Termination of Trust

• § 14-10401 Methods Of Creating Trust
  A trust may be created by: 1. Transfer of property to another person as trustee during the settlor's lifetime or by will or other...
• § 14-10402 Requirements For Creation
  A. Except as provided in section 14-5409, a trust is created only if all of the following are true: 1. The settlor has capacity...
• § 14-10403 Trusts Created In Other Jurisdictions
  A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument...
• § 14-10404 Trust Purposes
  A trust may be created only to the extent that its purposes are lawful, not contrary to public policy and possible to achieve. A...
• § 14-10405 Charitable Purposes; Enforcement
  A. A charitable trust may be created for the relief of poverty, the advancement of education, religion or science, the promotion of health, governmental...
• § 14-10406 Creation Of Trust Induced By Fraud, Duress Or Undue Influence
  A trust is void, in whole or in part, to the extent its creation was induced by fraud, duress or undue influence.
• § 14-10407 Evidence Of Oral Trust
  Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of...
• § 14-10408 Trust For Care Of Animal
  A. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the...
• § 14-10409 Noncharitable Trust Without Ascertainable Beneficiary
  Except as otherwise provided in section 14-10408 or by another statute, the following rules apply: 1. A trust may be created for a noncharitable...
• § 14-10410 Modification Or Termination Of Trust; Proceedings For Approval Or Disapproval
  A. In addition to the methods of termination prescribed by sections 14-10411, 14-10412, 14-10413 and 14-10414, a trust terminates to the extent the trust...
• § 14-10411 Modification Or Termination Of Noncharitable Irrevocable Trust By Consent
  A. A noncharitable irrevocable trust may be terminated on consent of all of the beneficiaries if the court concludes that continuance of the trust...
• § 14-10412 Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively
  A. The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by...
• § 14-10413 Cy Pres
  A. Except as otherwise provided in subsection B, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve or wasteful: 1. The trust...
• § 14-10414 Modification Or Termination Of Uneconomic Trust
  A. After notice to the qualified beneficiaries, the trustee of a trust that consists of trust property having a total value of less than...
• § 14-10415 Reformation To Correct Mistakes
  The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved...
• § 14-10416 Modification To Achieve Settlor's Tax Objectives
  To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the...
• § 14-10417 Combination And Division Of Trusts
  Unless the trust instrument provides that notice is not required, after notice to the qualified beneficiaries, a trustee may combine two or more trusts...
• § 14-10418 Name Change
  The trustee may modify a trust agreement to change the name of the trustee or beneficiary if the trustee or beneficiary's name has been...

Article 5 Creditor's Claims; Spendthrift and Discretionary Trusts

• § 14-10501 Rights Of Beneficiary's Creditor Or Assignee; Exception
  A. The court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions...
• § 14-10502 Spendthrift Provision
  A. A spendthrift provision is valid only if it restrains either voluntary or involuntary transfer of a beneficiary's interest. B. A term of a...
• § 14-10503 Exceptions To Spendthrift Provision; Definition
  A. Even if a trust contains a spendthrift provision, a beneficiary's child who has a judgment or court order against the beneficiary for support...
• § 14-10504 Discretionary Trusts; Effect Of Standard; Definition
  A. Except as provided in subsection B of this section, whether or not a trust contains a spendthrift provision, a creditor of a beneficiary...
• § 14-10505 Creditor's Claim Against Settlor
  A. Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: 1. During the lifetime of the settlor,...
• § 14-10506 Overdue Distribution; Definition
  A. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income...
• § 14-10507 Personal Obligations Of Trustee
  Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.

Article 6 Revocable Trusts

• § 14-10602 Revocation Or Amendment Of Revocable Trust
  A. Unless the terms of a trust expressly provide that the trust is irrevocable, a settlor may revoke or amend the trust subject to...
• § 14-10603 Settlor's Powers; Powers Of Withdrawal
  A. While a trust is revocable by the settlor, the rights of the beneficiaries are subject to the control of, and the duties of...
• § 14-10604 Limitation On Actions Contesting Validity Or Revocable Trust; Distribution Of Trust Property
  A. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the...

Article 7 Office of Trustee

• § 14-10701 Accepting Or Declining Trusteeship
  A. Except as otherwise provided in subsection C, a person designated as trustee accepts the trusteeship either: 1. By substantially complying with a method...
• § 14-10702 Trustee's Bond
  A. A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to...
• § 14-10703 Cotrustees
  A. Cotrustees who are unable to reach a unanimous decision may act by majority decision. B. If a vacancy occurs in a cotrusteeship, the...
• § 14-10704 Vacancy In Trusteeship; Appointment Of Successor
  A. A vacancy in a trusteeship occurs if: 1. A person designated as trustee rejects the trusteeship. 2. A person designated as trustee cannot...
• § 14-10705 Resignation Of Trustee
  A. A trustee may resign either: 1. Unless the trust instrument provides otherwise, on at least thirty days' notice to the qualified beneficiaries, the...
• § 14-10706 Removal Of Trustee
  A. The settlor, a cotrustee or a beneficiary may request the court to remove a trustee or a trustee may be removed by the...
• § 14-10707 Delivery Of Property By Former Trustee
  A. Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or...
• § 14-10708 Compensation Of Trustee
  A. If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the...
• § 14-10709 Reimbursement Of Expenses
  A. A trustee is entitled to be reimbursed out of the trust property, with reasonable interest, for: 1. Expenses that were properly incurred in...

Article 8 Duties and Powers of Trustee and Trust Protector

• § 14-10801 Duty To Administer Trust
  On acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests...
• § 14-10802 Duty Of Loyalty
  A. A trustee shall administer the trust solely in the interests of the beneficiaries. B. Subject to the rights of persons dealing with or...
• § 14-10803 Impartiality
  If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing and distributing the trust property, giving due regard...
• § 14-10804 Prudent Administration
  A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust....
• § 14-10805 Costs Of Administration
  In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust...
• § 14-10806 Trustee's Skills
  A trustee who has special skills or expertise, or who is named trustee in reliance on the trustee's representation that the trustee has special...
• § 14-10807 Delegation By Trustee
  A. A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall...
• § 14-10808 Powers To Direct
  A. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust....
• § 14-10809 Control And Protection Of Trust Property
  A trustee shall take reasonable steps to take control of and protect the trust property.
• § 14-10810 Record Keeping And Identification Of Trust Property
  A. A trustee shall keep adequate records of the administration of the trust. B. A trustee shall keep trust property separate from the trustee's...
• § 14-10811 Enforcement And Defense Of Claims
  A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
• § 14-10812 Collecting Trust Property
  A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress...
• § 14-10813 Duty To Inform And Report
  A. Unless the trust instrument provides otherwise, a trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the...
• § 14-10814 Discretionary Powers; Tax Savings
  A. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of terms such as absolute,...
• § 14-10815 General Powers Of Trustee
  A. A trustee, without authorization by the court, may exercise: 1. Powers conferred by the terms of the trust. 2. Except as limited by...
• § 14-10816 Specific Powers Of Trustee
  Without limiting the authority conferred by section 14-10815, a trustee may: 1. Collect trust property and accept or reject additions to the trust property...
• § 14-10817 Distribution On Termination; Release Of Trustee
  A. On termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any...
• § 14-10818 Trust Protector
  A. A trust instrument may provide for the appointment of a trust protector. For the purposes of this section, a person designated in the...
• § 14-10819 Trustee's Special Power To Appoint To Other Trust
  A. Unless the terms of the instrument expressly provide otherwise, a trustee who has the discretion under the terms of a testamentary instrument or...
• § 14-10820 Fiduciaries; Service As Trustee; Limitation
  A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as a trustee in any...

Article 9 Prudent Investor Rule

• § 14-10901 Prudent Investor Rule
  A. Except as provided in subsection B, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust...
• § 14-10902 Standard Of Care; Portfolio Strategy; Risk And Return Objectives
  A. A trustee shall invest and manage trust assets as a prudent investor would by considering the purposes, terms, distribution requirements and other circumstances...
• § 14-10903 Diversification
  A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust...
• § 14-10904 Duties At Inception Of Trusteeship
  Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions...
• § 14-10905 Reviewing Compliance
  Compliance with this article is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and...
• § 14-10906 Prudent Investor Rule; Language To Invoke Standard
  The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under...
• § 14-10907 Delegation Of Investment And Management Functions; Duties; Limitations
  A. A fiduciary may delegate investment and management functions that a prudent investor of comparable skills might delegate under the circumstances. B. A fiduciary...
• § 14-10908 Life Insurance On Settlor; Liability Of Trustee
  A trustee may acquire or retain a contract of life insurance on the life of the settlor or the settlor's spouse, or both, without...
• § 14-10909 Application To Existing Trusts
  A. This article applies to trusts existing on and created after July 20, 1996. B. As applied to trusts existing on July 20, 1996,...

Article 10 Liability of Trustees and Rights of Persons Dealing with Trustees

• § 14-11001 Remedies For Breach Of Trust
  A. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. B. Except as provided...
• § 14-11002 Damages For Breach Of Trust
  A. Except as provided in section 14-7404, a trustee who commits a breach of trust is liable to the beneficiaries affected for the greater...
• § 14-11003 Damages In Absence Of Breach
  A. Except as provided in section 14-7404, a trustee is accountable to an affected beneficiary for any profit made by the trustee arising from...
• § 14-11004 Attorney Fees And Costs
  A. A trustee or a person who is nominated as a trustee is entitled to reimbursement from the trust for that person's reasonable fees,...
• § 14-11005 Limitation Of Action Against Trustee
  A. A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary...
• § 14-11006 Reliance On Trust Instrument
  A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a...
• § 14-11007 Event Affecting Administration Or Distribution
  If the happening of an event, including marriage, divorce, performance of educational requirements or death, affects the administration or distribution of a trust, a...
• § 14-11008 Exculpation Of Trustee
  A. A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it either: 1....
• § 14-11009 Beneficiary's Consent, Release Or Ratification
  A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the...
• § 14-11010 Limitation On Personal Liability Of Trustee
  A. Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary...
• § 14-11011 Interest As General Partner
  A. Except to the extent that personal liability is imposed in the contract, a trustee who holds an interest as a general partner in...
• § 14-11012 Protection Of Person Dealing With Trustee
  A. A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with...
• § 14-11013 Certification Of Trust
  A. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person...
• § 14-11014 Total Return Trusts; Definitions
  A. A trustee, other than an interested trustee, or if two or more persons are acting as trustee, a majority of the trustees who...
• § 14-11015 Express Total Return Unitrusts; Definition
  A. A unitrust amount may be determined by reference to the net fair market value of the trust's assets in one year or more...

Article 11 Miscellaneous Provisions

• § 14-11101 Electronic Records And Signatures
  The provisions of this chapter governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed...
• § 14-11102 Severability Clause
  If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions...

Chapter 12 UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
Article 1 General Provisions

• § 14-12101 Short Title
  This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
• § 14-12102 Definitions
  In this chapter, unless the context otherwise requires: 1. " Adult" means an individual who is at least eighteen years of age. 2. "...
• § 14-12103 International Applications Of Act
  A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and...
• § 14-12104 Communication Between Courts
  A. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may...
• § 14-12105 Cooperation Between Courts
  A. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to...
• § 14-12106 Taking Testimony In Another State
  A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in...

Article 2 Jurisdiction

• § 14-12201 Definitions; Significant Connection Factors
  A. In this article, unless the context otherwise requires: 1. " Emergency" means a circumstance that likely will result in substantial harm to a...
• § 14-12202 Exclusive Basis
  This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an
• § 14-12203 Jurisdiction
  A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following...
• § 14-12204 Special Jurisdiction
  A. A court of this state lacking jurisdiction under section 14-12203 has special jurisdiction to do any of the following: 1. Appoint a guardian...
• § 14-12205 Exclusive And Continuing Jurisdiction
  Except as otherwise provided in section 14-12204, a court that has appointed a guardian or issued a protective order consistent with this chapter has...
• § 14-12206 Appropriate Forum
  A. A court of this state that has jurisdiction under section 14-12203 to appoint a guardian or issue a protective order may decline to...
• § 14-12207 Jurisdiction Declined By Reason Of Conduct
  A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order...
• § 14-12208 Notice Of Proceeding
  If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was...
• § 14-12209 Proceedings In More Than One State
  Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in...

Article 3 Transfer of Guardianship or Conservatorship

• § 14-12301 Transfer Of Guardianship Or Conservatorship To Another State
  A. Any interested person may petition the court to transfer the guardianship or conservatorship to another state. B. On the filing of a petition...
• § 14-12302 Accepting Guardianship Or Conservatorship Transferred From Another State
  A. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those prescribed in section 14-12301, an interested...

Article 4 Registration and Recognition of Orders from Other State

• § 14-12401 Registration Of Guardianship Orders
  If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state,...
• § 14-12402 Registration Of Protective Orders
  If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator...
• § 14-12403 Effect Of Registration
  A. On registration of a guardianship or conservatorship or any other protective order from another state, the guardian or conservator may exercise in this...

Article 5 Miscellaneous Provisions

• § 14-12501 Uniformity Of Application And Construction
  In applying and construing this chapter, the courts shall consider the need to promote uniformity of the law with respect to its subject matter...
• § 14-12502 Relation To Electronic Signatures In Global And National Commerce Act
  This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code section 7001, et sec.) but...
• § 14-12503 Transitional Provision
  A. This chapter applies to guardianship and protective proceedings begun on or after the effective date of this chapter. B. Articles 1, 3 and...

Last modified: October 13, 2016