Sec. either an original paper will or a certified paper original of an electronic
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"Informal
Have a wonderful day! a witness. Deeds.com Arizona Affidavit of Successor Trustee Forms Have Been Updated as Recently as Wednesday February 8, 2023. electronic will. includes the property of the decedent, trust or other person whose affairs are
When the trustee of a trust dies, it is necessary to record an affidavit of death of trustee to show that the person is no longer serving as trustee, and to make a public record showing who the current trustee (s) are. through 14-3618. As it relates to a spouse, the estate
Statutes provide the court with authority to appoint a trustee when "necessary for the administration of the trust," regardless of a vacancy ( 14-10704(E)). Joe Stone is a freelance writer in California who has been writing professionally since 2005. "Person"
will before the person may serve as a qualified custodian. to sign the electronic record. article 7 of this title, business trusts providing for certificates to be
beneficiary designated in a governing instrument, beneficiary includes a
remains in that person's hands. Your parents probably had titled their property in their trust, naming themselves . However, Arizona statutes require a vacancy in individual trusteeship to be filled (and therefore, an affidavit of successor trustee to be recorded) in the following six cases: when a designated trustee rejects the trusteeship; when the designated trustee cannot be identified; when the trustee resigns; when the trustee is disqualified or removed; when the trustee dies; or when a guardian or conservator is appointed for an individual serving as a trustee (Ariz. Rev. 55. To do this, the legal heir, or the person who gets the property under the will, must file in court no sooner than 6 months after death an "Affidavit of Successor to Real Property." A certified copy must also be recorded with the County Recorder's office. 3. NorwegianPersian 2022 Electronic Forms LLC. To redeem the land conveyed under an Arizona beneficiary deed, the named beneficiary must submit specific documentation to the recorder for the county where the deed was originally recorded. hbbd``b`$ &o)`'. AqD 1bABq$q. )$WPe
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$ [NAME(S) OF SETTLOR(S)] (Settlor(s)) with a mailing address of [ADDRESS OF SETTLOR(S)]. 27. Trustees can be almost anyone, but managing SNTs requires caution so that the beneficiary doesn't lose their government benefits. ( Prob. or town, legal defense trusts and any arrangement under which a person is
that is created, generated, sent, communicated, received or stored by
B. child died without a will, as a parent under this title by intestate succession
30. testamentary trust created in an electronic will. Contain the electronic signature and electronic
personal representative, a special administrator and persons who perform
wills;
"Registrar"
has the same meaning prescribed in section 14-10103. I, [NAME OF AFFIANT] (Affiant), being duly sworn, deposes and states under penalty of perjury that the foregoing is true and correct. Probate. 142 0 obj
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parent whose relationship is involved. The affidavit may also, but is not required to, in clude excerpts from the original trust documents, The Successor Trustee(s) recognize they are currently acting on behalf of the Trust. When to Use? includes a person of either sex. However, Arizona statutes require a vacancy in individual trusteeship to be filled (and therefore, an affidavit of successor trustee to be recorded) in the following six cases: when a designated trustee rejects the trusteeship; when the designated trustee cannot be identified; when the trustee resigns; when the trustee is disqualified or removed; 61. The successor trustee can prepare the certification in accordance with state law, which typically requires the certification be comprised of a short recitation of the facts to identify the trust, such as when it was created, the maker of the trust and name and address of the successor trustee. 56. 23. The certification provides a third party with evidence of the trust and successor trustee's authority to act under the trust. "Disability" means cause for a
his/her free and voluntary act for the purposes expressed in this document, and
nominee or escrowee for another. The form also requires information about the deed transferring the subject real property into trust, including the type and date of the deed, its location on record, and the grantee of the deed. Be it enacted by the Legislature of the State of Arizona: Section1. Often, a third party that regularly deals with name changes on titles will furnish a certification of trust that complies with state law. 34. property of a husband and wife that is acquired during the marriage and that is
the testator in the electronic will or was designated to act in that capacity
If you use a form on our Site, you explicitly agree to our Terms of Use. "Beneficiary", as it relates to a trust
Shonda S. said: This is the best thing I have ever done with this being my first time doing a quick claim. knowledge the testator was at the time of signing eighteen years of age or
person" includes any trustee, heir, devisee, child, spouse, creditor,
includes an original, additional or successor trustee, whether or not appointed
another person, nor is deemed to have predeceased an event under section 14-2104
are not devisees. 66. 21. Include an affidavit of death when recording the documents necessary to claim the interest in real property conveyed under an Arizona beneficiary deed. proceedings" means those proceedings conducted without notice to
State Bar of Arizona Please check with the Clerk of the Superior Court for a . 42. means that a person has neither predeceased an event, including the death of
51. National Center for State Courts includes a personal representative, guardian, conservator and trustee. the time of the decedent's death. (b) The certified paper original of the electronic
18. 41. means a person who is under eighteen years of age. 64. UkrainianUrdu ALPHA 48. 6. 49. tom s. said: Easier than I had expected. plan, or any other nonprobate transfer at death. electronic means. 34. "Proceeding"
to the registrar for an order of informal probate or appointment under chapter
"Qualified
28. 3, article 3 of this title. An Affidavit of Death is the document typically used to prove that someone has died for the purpose of winding up their affairs, as well as, transferring and distributing their estate, including: Closing the decedent's checking accounts; Passing property from the decedent's estate to his or her heirs; and . 54. 2. An affidavit of successor trustee is filed when a trustee is removed or has died and is being replaced with the successor trustee. The title to real estate included in a living trust is recorded with a local government office such as the county recorder, county clerk or court. HV $X$ 27. As it relates to a charitable trust, beneficiary includes any person
Legal Reference & Links "Paper
The term Probate Court is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of other cases that traditionally involve filings in the areas of guardianship, conservatorship, elder fraud, and physical abuse. Transferring title to real estate from the trustee's name to the successor trustee's name is accomplished by preparing and recording an Affidavit of Death of Trustee form with the appropriate office. 12. electronic signature relates in a manner so that if the electronic record is changed
Joe D. said: Complete coverage of deeds, laws, etc. whom the decedent was obligated to support or an adult child who was in fact
[emailprotected] Your Service Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK. 62. means an individual or an organization. entitled to enforce the trust. of a will or appointment of a personal representative. proceeding" means a proceeding to establish a will or determine intestacy. "Successors"
"Settlement",
by another qualified custodian pursuant to this paragraph. 2. 26. Create a high quality document online now! Read More: Transferring Property From a Living Trust to a Successor Trustee. hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs. particular persons, may vary from time to time and must be determined according
intestate succession to the property of a decedent. If the person does not designate a successor
of "Electronic signature" means an
Reply from Staff: Thank you for your feedback. When a completed affidavit of death form accompanies these documents, the beneficiary formalizes the information within the context of a sworn statement. trust to whom the trustee has distributed property received from a personal
me by ____________, the testator, and subscribed and sworn to before me by
29. C. A person serving as a qualified custodian may
Except for a person ceasing to serve as provided
is only a stepchild, a foster child, a grandchild or a more remote descendant. Volunteer-AmeriCorps, Helpful Links Probate Court. executed in compliance with section 14-2518. 33-804 - Appointment of successor trustee by beneficiary. testamentary trustee only to the extent of distributed assets or increment that
Only limited powers to: [LIMITED POWERS]. Before being offered for probate or being reduced
amending sections 14-1201, 14-2518, 14-2519 and 14-2521, Arizona Revised Statutes; relating to wills. will" means
In the event that none of the successor trustees named in the trust document are able to assume the trustees duties for whatever reason, an interested person will have to petition the court for appointment as successor trustee. 191 0 obj
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older, of sound mind and under no constraint or undue influence. has the same meaning prescribed in section 14-5101. person" has the same meaning prescribed in section 14-5101. community property as prescribed in section 25-211. TRUST. Francisco C. said: well first time my company is using and this what can say. digital, magnetic, optical, electromagnetic or similar capabilities. As a result, the successor trustee must prepare the necessary documents to change title to the trust property. by another jurisdiction. "Community property" means that
When the trustee has been removed for any reason, including: I. AFFIANT. "Trustee"
or contingent, and includes the owner of an interest by assignment or other
as guardian, conservator, trustee, or attorney -in-fact. Arizona Revised Statute, Title 14 Trusts, Estates and Protective Proceedings, Arizona Code of Judicial Administration (ACJA), Chapter 3. Reply from Staff: Thank you for your feedback. Azerbaijani ALPHABasque ALPHA Serving as a financial caregiver can be tough. Check with the Clerk's office to verify actual fee amounts. "Fiduciary"
Types of Special Needs Trusts The following standard document is for illustrative purposes only and should be used with careful research and adaptation for the facts and circumstances of your case or . It came with instructions and a sample filled out. James T. said: Very easy to use. "Guardian"
A death certificate of John Smith is attached to the Affidavit. 47. Date. As evidence of the trustee's death, the successor trustee should use a certified copy of the trustee's death certificate. I am the surviving or successor Trustee of the same trust under which said decedent held title as trustee pursuant to the in beneficiary form or a pension, profit sharing, retirement or similar benefit
INFORMATION ABOUT PERSON WHO DIED (the deceased). In addition to the
any question raised about the force, effect, validity and interpretation of an
other than as a creditor or purchaser. Electronic will; requirements; interpretation. Contact a lawyer with questions. registration in which the underlying ownership of each party is in proportion
10. You might want to consider hiring a fiduciary trustee, such as an attorney or accountant. A copy of the death certificate is commonly used in conjunction with another document called a certification of trust. "Exempt
Rename a trust beneficiaries of trustee in writing, track deadlines and taxes, at will definitely be usable, and the change. Statutes, is amended to read: START_STATUTE14-2521. END_STATUTE. dispositive, appointive or nominative instrument of any similar type. special administrator, who is appointed to succeed a previously appointed
[NAME(S) OF SUCCESSOR TRUSTEE(S)] (Successor Trustee(s)) with a mailing address of [ADDRESS OF SUCCESSOR TRUSTEE(S)]. Volunteer-FCRB 61. "Personal
24. G. A qualified custodian maintains an electronic
Contain the electronic signature of the testator
43. 25. custodians since the execution of the electronic will and has not been altered
the right of survivorship" includes co-owners of property held under
0
officer) END_STATUTE. administrator" means a personal representative as described by sections 14-3614
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00. tangible medium that contains both the text of an electronic will and any
Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK. BelarusianBulgarian will" means a testamentary instrument that is executed and maintained on a
For the purposes of chapter 3 of this title, in
must meet all of the following requirements: 1. 22. Have a great day! 63. (Ni . "Testacy
41. SwahiliSwedish Staff Login, Translate this Page: (20) On the death of an owner whose transfer on death deed has been recorded, the beneficiary shall file an affidavit in the office of the recorder of the county in which the real property is located. Careers The term "Probate Court" is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of . instrument as the testator's will and that he/she signed willingly, or
Legal Associations 14. under a durable or nondurable power of attorney, a person who is authorized to
A vacancy in a trusteeship must be filled if the trust has no remaining . means any conveyance, agreement or arrangement in which property is encumbered
13. ARS 14-10704 of the Arizona Trust Code provides for the appointment of a successor trustee when there is a vacancy in the trusteeship. distribution and closing. Affidavit of Successor Trustee State Arizona Area Maricopa County Price $27.97 Delivery Immediate Download Payment Information Credit Card Type Credit Card Number Expiration Month Expiration Year Card Security Code First Name Last Name Email Phone: (Format: 123-456-7890) Billing Street Address Billing City Billing State Billing Zip Code administration. Once the Successor Trustee has assumed control, he or she is responsible to ensure that the trust is administered according to its terms. property" means that property of a husband or wife that is the spouse's
MalayMaltese any person, fiduciary or representative capacity is exercised. 58. issued to beneficiaries, common trust funds, voting trusts, security
AUTHORITY. "Special
EstonianFilipino A
They require a high degree of oversight to protect and prevent mistreatment of protected individuals and their property. trusts and excludes resulting trusts, conservatorship, personal
In addition to naming the affiant (the person making the sworn statements; in this case, the successor trustee), the affidavit contains the basic details about the trust for which the successor is assuming trusteeship, including its name, date, and settlor (person who created or contributed assets to the trust). includes a codicil and any testamentary instrument that merely appoints an
"Agent" includes an attorney-in-fact
When an Affidavit of Death is Needed 29. person may rely conclusively on any affidavits provided by a predecessor
plan, or any other nonprobate transfer at death. "Child" includes a person who is
the case of a devise to an existing trust or trustee, or to a trustee on trust
5 of this title. pension, profit sharing, retirement or similar benefit plan, instrument
Section 14-2521, Arizona Revised
_____, the decedent mentioned in the attached certified copy of Certificate of . 42. FinnishFrench If you have the death certificate, you can upload it once you've completed the form. excellent service im very happy, you guys did my job very professional and quickly so congratulations
beneficiary designation, beneficiary refers to a beneficiary of an insurance or
Several copies of the death certificate should be obtained as soon as possible after the trustee's death. The affidavit shall include the legal description of the real property , the name(s) of the former trustee( s) and the name(s) of the successor tru stee(s). of the testator, signed the will as witness and that to the best of his/her
electronically present with the testator when the testator
Please check with the Clerk's office for the current fee of purchasing a "Certified Copy" of the Affidavit of Succession for Transfer of Real Property. of the estate that arise at or after the death of the decedent or after the
"Letters"
typing, printing or similar means and that is perceivable by reading directly
Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. All rights reserved. "Testator"
This affidavit is recorded by a successor trustee to establish the fact of death of a settlor trustee which affects title to real property, under Probate Code section 210. 5. VietnameseWelsh an account with pay on death designation, of a security registered in
The electronic record of the
Transferring Property From a Living Trust to a Successor Trustee, The Oath and Acceptance of a Successor Trustee, How to Sign Documents As a Successor Trustee of a Living Trust, Wyoming Secretary of State: Statutory Trust, Certificate of Trust, Alabama Credit Union: Certification of Trust, Sacramento County Law Library: Affidavit of Death of Trustee. excludes or limits the right of an individual or class to succeed to property
3. Thank you. 49. We really appreciate it. Deborah G. said: Great website and very easy to use. 14-10704). "Will"
A beneficiary of a testamentary
Section 14-2519, Arizona Revised Statutes,
(Check one box) At the time of death, the person who died was living in Maricopa County in Arizona, OR annuity policy, an account with pay on death designation, a security registered
This is common in trusts (or joint tenancy) when it's written that if anything should happen to the trustee, the successor trustee will take over ownership. execution of an electronic will and the successor qualified custodian executes
transfer. Distributee includes a
IcelandicIndonesian the purposes of this paragraph, "testamentary trustee" includes a
a. to the particular purposes of, and matter involved in, any proceeding. general personal representative excludes a special administrator. ward or protected person. IrishItalian Powered by. LithuanianMacedonian (ii) That an electronic record of the
Section 14-1201, Arizona Revised
2023 Arizona Supreme Court. electronically present with the testator when the testator electronically
33-804. "Interested
HindiHungarian You can explore additional available newsletters here. 8. POWERS. An Affidavit of Death is a sworn statement that someone has passed away. In some instances, state law-approved forms for certification of trust can be obtained from a government office, such as the secretary of state. "Descendant" means all of the
amending
subsection B, the affidavits for an attested self-proving electronic will
make decisions concerning another person's health care and a person who is
"Mortgage"
from the medium on which the information is inscribed. 53. the electronic signature. The fees are subject to change. Contain the electronic signatures of at least two
The Trust includes: (initial one). GalicianGeorgian ALPHA NO WARRANTY. JapaneseKorean 38. Qualified custodian; agreement to serve; ceasing service. joint venture, association, government or governmental subdivision or agency or
References Resources Writer Bio END_STATUTE. E. If a testator designates a successor qualified
governing instrument naming a beneficiary of an insurance or annuity policy, of
When a completed affidavit of death form accompanies these documents, the beneficiary formalizes the information within the context of a sworn statement. 46. "Issue"
The extent of what you own and who you're leaving the property to at your death does not become a matter of . in reference to a decedent's estate, includes the full process of administration,
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00. 20. 3. 43. Straightforward and informative. is amended to read: START_STATUTE14-2519. will must meet all of the following requirements: 1. 50. Notify Us Online By mail: Close or transition deposit accounts by sending a notarized Letter of Instruction to Wells Fargo Exception Payments Attn: Estate Processing 7711 Plantation Road, 1st Floor described by will, the trust or trustee is the devisee and the beneficiaries
The existing form is based on a will going through probate so it doesn't fit the trust situation in some respects. testator's conscious presence and by the testator's direction. under a will or this title. Sec. An electronic will
Frank H. said: Form and instructions were useful. electronic will. will as a bailee, and the electronic will is the property of the testator and
assets. Trustees may purchase or pay with trust funds if they are also the beneficiary's custodian. PREVIOUS TRUSTEE(S). maintained as an electronic record. 23. is merely a guardian ad litem. Qualified custodian; agreement to serve; ceasing service. electronic signatures; requirements.
Revised Statutes; relating to wills. (The certified copy fee is dependent on the number of pages.) agency or subdivision or any other person who is authorized or obligated by law
or 14-2503. Garden Grove California Declaracin Jurada de Fallecimiento del Sndico Find and obtain a formal state-specific sample from our web catalogue of 85k legal document for organization and personal needs. The affidavit must contain the following: "Distributee" means any person who has
40. 59. affidavit of the qualified custodian. Claims do not include estate or inheritance taxes or
As it relates to a
If a person appointed as trustee fails to qualify, is unwilling or unable to serve or resigns as trustee or if a trustee was not designated in the deed of trust, the beneficiary may appoint a successor trustee, and such . Probate cases present a challenge to courts across the country. Contain a copy of a government-issued
IX. proceedings" means proceedings that are conducted before a judge with
4. Code, 18105 .) (iii) That the electronic record of
44. interested persons by an officer of the court acting as a registrar for probate
64. This site is protected by reCAPTCHA and the Google, There is a newer version affidavit of a duly authorized officer or agent of the entity constitutes the
CatalanChinese (Simplified) SlovenianSpanish By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. Child excludes a person who
36. explanations provided for the forms and instructions on how I should proceed were clear as a bell, and it was nice to get immediate delivery of the forms. surviving spouse and the state, who are entitled under the statutes of
Educator Links Subscribed, sworn to and acknowledged before
Use of Deeds.com Legal Forms. 31. [NAME(S) OF TRUSTEE(S)] (Previous Trustee(s)) with a mailing address of [ADDRESS OF TRUSTEE(S)]. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate. Brian B. said: Very good price. has the same meaning prescribed in section 14-10103. (b) Electronically signed the will within a
written statement prescribed by subsection A of this section. person will cease to serve as a qualified custodian. An affidavit of death is a document used to notify financial institutions, businesses, courts, and others of someone's passing. This is common in trusts (or joint tenancy) when its written that if anything should happen to the trustee, the successor trustee will take over ownership. "Certified paper original" means a
means a trustee, insurer, business entity, employer, government, governmental
71. Interested person also includes a person who has
GermanGreek have had custody of the electronic record of the electronic will
the following requirements: (a) Was physically present or
2. time during administration. Human Resources, Volunteer 48. Feedback You already receive all suggested Justia Opinion Summary Newsletters. only a stepparent, foster parent or grandparent. determined by judgment or decree under which the trust is to be administered in
located an affidavit of change of trustee. 67. 40. Self-Service Center demands or disputes regarding title of a decedent or a protected person to
Disclaimer: Brian Bledsoe Law Library Resource Center Administrator On our Site we make available for use self-help "fill in the blank" forms. The Bureau of Consumer Financial Protection created the Managing Someone Else's Money guides that might be of assistance to you. beneficiary designation, a donee, appointee or taker in default of a power of
Stat. If the person designates a successor qualified
Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. "Foreign
provide the successor qualified custodian with both of the following: 1. this Title, 14-1103 Supplementary general principles of law applicable, 14-1105 Remedies for unreasonable conduct; definitions, 14-1107 Determination of death and status; rules, 14-1108 Arbitration of disputes; alternative dispute resolution, 14-1109 Repetitive filings; summary denial, 14-1303 Venue; multiple proceedings; transfer, 14-1310 Oath or affirmation on filed documents, 14-1311 Standard of proof and burden of persuasion, 14-1401 Notice; method and time of giving, 14-1405 Representation by holder of general power of appointment, 14-1406 Representation by fiduciaries and parents, 14-1407 Representation by person having substantially identical interest, 14-2101 Intestate estate; modification by will, 14-2102 Intestate share of surviving spouse, 14-2103 Heirs other than surviving spouse; share in estate, 14-2104 Heirs; surviving of decedent; time requirement; presumption; exception, 14-2105 Unclaimed estate; passage to state, 14-2106 Passing of estate by representation; assigning of shares; definitions, 14-2107 Kindred by half blood; right of inheritance, 14-2109 Advancements of property during lifetime; effect on distribution of estate, 14-2110 Debts owed to a decedent; effect on distribution of estate, 14-2111 Effect of alienage on distribution of estate, 14-2113 Heirs related to decedent through two lines; single share, 14-2114 Parent and child relationship; intestate succession; adopted children, 14-2207 Rights of surviving spouse; waiver; requirements; effect, 14-2301 Entitlement of spouse; premarital will, 14-2302 Omitted children; shares; definition, 14-2403 Exempt property; value; priority, 14-2404 Family allowance; use; length; priority; termination by death, 14-2405 Homestead; exempt property and allowances; restriction; source; determination; documentation, 14-2502 Execution of paper wills; witnessed wills; holographic wills; testamentary intent, 14-2504 Self-proved wills; sample form; signature requirements, 14-2505 Witnesses; requirements; definition, 14-2507 Revocation of will; requirements, 14-2508 Change of circumstances; effect on will, 14-2509 Revoking a subsequent will; effect; reviving a revoked will; requirements, 14-2510 Incorporating outside document into a will; requirements, 14-2511 Testamentary additions to trusts; requirements; effect of revocation, 14-2512 Disposition of property by reference to acts of independent significance, 14-2513 References to separate lists; requirements, 14-2514 Contracts regarding wills; requirements; effect, 14-2516 Custodian of will; duties; liability, 14-2517 Penalty clause for contest; restriction, 14-2518 Electronic will; requirements; interpretation, 14-2521 Qualified custodian; agreement to serve; ceasing service, 14-2522 Electronic record; access; destruction, 14-2523 Certified paper original of electronic will; affidavits, 14-2602 Passage of existing and after-acquired property by will, 14-2603 Substitute gifts; class gifts; definitions, 14-2604 Failure of testamentary provision; effect, 14-2605 Securities increase in value after death; effect; exception, 14-2606 Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent, 14-2607 Specific devise; nonexoneration, 14-2608 Exercise of power of appointment, 14-2609 Satisfaction of a devise during the testator's life; requirements; valuation, 14-2702 Devisees; surviving of testator; requirement; exception, 14-2703 Choice of law; effect on governing instrument, 14-2704 Power of appointment; exercise by reference; presumption, 14-2705 Adopted children; children born out of wedlock; class gifts, 14-2706 Failure of beneficiary to survive decedent; effect; protection from liability; third parties; definitions, 14-2707 Future interests; trusts; distribution date; passage of property; alternative future interest; definitions, 14-2708 Class gifts to descendants, issue or heirs of the body; form of distribution if none specified, 14-2709 Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions, 14-2710 Worthier title doctrine; nonrecognition, 14-2712 Burdens relating to validity of governing instruments, 14-2802 Effect of divorce, annulment and decree of separation, 14-2803 Murder of decedent; effect; federal law; definitions, 14-2804 Termination of marriage; effect; revocation of probate and nonprobate transfers; federal law; definitions, 14-2901 Nonvested property interest; general power of appointment; validity; exception, 14-2902 Nonvested property interest or power of appointment; creation, 14-2903 Reformation of a disposition plan; conditions, 14-2904 Statutory rule against perpetuities; exclusion, 14-2905 Nonvested property interest or power of appointment; creation; effective date; judicial reformation, 14-2906 Rule against perpetuities; supersession, 14-2907 Honorary trusts; trusts for pets; conditions, 14-3101 Devolution of estate at death; administration on deaths of husband and wife, 14-3102 Necessity of statement or order of probate for will; exception, 14-3103 Necessity of appointment for administration, 14-3104 Claims against decedent; necessity of administration, 14-3105 Proceedings affecting devolution and administration; jurisdiction of subject matter, 14-3107 Scope of proceedings; proceedings independent; exception, 14-3108 Probate, testacy and appointment proceedings; ultimate time limit, 14-3109 Statutes of limitation on decedent's cause of action, 14-3110 Action by or against personal representative; survival of causes of action, 14-3201 Venue for first and subsequent estate proceedings; location of property, 14-3202 Appointment or testacy proceedings; conflicting claim of domicile in another state, 14-3203 Priority among persons seeking appointment as personal representative, 14-3204 Demand for notice of order or filing concerning decedent's estate, 14-3301 Informal probate or appointment proceedings; application; contents, 14-3302 Informal probate; duty of registrar; effect of informal probate, 14-3303 Informal probate; proof and findings required, 14-3304 Informal probate; unavailable in certain cases, 14-3305 Informal probate; registrar not satisfied, 14-3306 Informal probate; notice requirements, 14-3307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment, 14-3308 Informal appointment proceedings; proof and findings required, 14-3309 Informal appointment proceedings; registrar not satisfied, 14-3310 Informal appointment proceedings; notice requirements, 14-3311 Informal appointment unavailable in certain cases, 14-3401 Formal testacy proceedings; nature; when commenced, 14-3402 Formal testacy or appointment proceedings; petition; contents, 14-3403 Formal testacy proceeding; notice of hearing on petition, 14-3404 Formal testacy proceedings; written objections to probate, 14-3405 Formal testacy proceedings; uncontested cases; hearings and proof, 14-3406 Formal testacy proceedings; contested cases; testimony of attesting witnesses, 14-3407 Formal testacy proceedings; burdens in contested cases, 14-3408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction, 14-3409 Formal testacy proceedings; order; foreign will, 14-3410 Formal testacy proceedings; probate of more than one instrument, 14-3411 Formal testacy proceedings; partial intestacy, 14-3412 Formal testacy proceedings; effect of order; vacation, 14-3413 Formal testacy proceedings; vacation of order for other cause, 14-3414 Formal proceedings concerning appointment of personal representative, 14-3415 Lost and missing wills; wills probated in other jurisdictions, 14-3501 Supervised administration; nature of proceeding, 14-3502 Supervised administration; petition; order, 14-3503 Supervised administration; effect on other proceedings, 14-3504 Supervised administration; powers of personal representative, 14-3505 Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing, 14-3602 Acceptance of appointment; consent to jurisdiction, 14-3603; Version 2 Bond required; exceptions, 14-3604 Bond amount; security; procedure; reduction, 14-3607 Order restraining personal representative, 14-3608 Termination of appointment; general, 14-3609 Termination of appointment; death or disability, 14-3610 Termination of appointment; voluntary, 14-3611 Termination of appointment by removal; cause; procedure, 14-3612 Termination of appointment; change of testacy status, 14-3613 Successor personal representative, 14-3614 Special administrator; appointment, 14-3615 Special administrator; who may be appointed, 14-3616 Special administrator; appointed informally; powers and duties, 14-3617 Special administrator; formal proceedings; power and duties, 14-3618 Termination of appointment; special administrator, 14-3701 Time of accrual of duties and powers, 14-3702 Priority among different letters, 14-3703 General duties; relation and liability to persons interested in estate; standing to sue, 14-3704 Personal representative to proceed without court order; exception, 14-3705 Duty of personal representative; information to heirs and devisees, 14-3706 Duty of personal representative; inventory and appraisement, 14-3708 Duty of personal representative; supplementary inventory, 14-3709 Duty of personal representative; possession of estate; discovery of concealed assets, 14-3710 Power to avoid transfers; action to set aside fraudulent conveyances, 14-3711 Powers of personal representatives; in general, 14-3712 Improper exercise of power; breach of fiduciary duty, 14-3713 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions, 14-3714 Persons dealing with personal representative; protection, 14-3715 Transactions authorized for personal representatives; exceptions, 14-3716 Powers and duties of successor personal representative, 14-3717 Co-representatives; when joint action required, 14-3718 Powers of surviving personal representative, 14-3719 Compensation of personal representative, 14-3721 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate, 14-3803 Limitations on presentation of claims, 14-3804 Manner of presentation of claims, 14-3808 Individual liability of personal representative, 14-3810 Claims not due and contingent or unliquidated claims, 14-3812 Execution and levies prohibited, 14-3815 Administration in more than one state; duty of personal representative, 14-3816 Final distribution to domiciliary representative, 14-3901 Successors' rights if no administration, 14-3902 Distribution; order in which assets appropriated; abatement, 14-3904 Interest on general pecuniary devise, 14-3906 Distribution in kind; valuation; method, 14-3908 Distribution; right or title of distributee, 14-3909 Improper distribution; liability of distributee, 14-3910 Purchasers from distributees or transferees protected, 14-3911 Partition for purpose of distribution, 14-3912 Private agreements among successors to decedent binding on personal representative, 14-3914 Disposition of unclaimed assets, 14-3915 Distribution to person under disability, 14-3931 Formal proceedings terminating administration; testate or intestate; order of general protection, 14-3932 Formal proceedings terminating testate administration; order construing will without adjudicating testacy, 14-3933 Closing estates; statement of personal representative, 14-3934 Liability of distributees to claimants, 14-3935 Limitations on proceedings against personal representative, 14-3936 Limitations on actions and proceedings against distributees, 14-3937 Certificate discharging liens securing fiduciary performance, 14-3951 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons, 14-3952 Procedure for securing court approval of compromise, 14-3971 Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property, 14-3973 Small estates; summary administrative procedure, 14-3974 Small estates; closing by sworn statement of personal representative, 14-4201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration, 14-4206 Power of representatives in transition, 14-4207 Ancillary and other local administrations; provisions governing, 14-4301 Jurisdiction by act of foreign personal representative, 14-4302 Jurisdiction by act of decedent, 14-4303 Service on foreign personal representative, 14-4401 Effect of adjudication for or against personal representative, 14-5102 Jurisdiction of subject matter; consolidation of proceedings, 14-5103 Facility of payment or delivery, 14-5104 Delegation of powers by parent or guardian, 14-5106 Disclosure requirements for proposed guardians and conservators; restrictions by local rules, 14-5107 Military member power of attorney; definition, 14-5108 Guardianship of foreign citizens, 14-5109 Disclosure of compensation; determining reasonableness and necessity, 14-5110 Claim deadline for compensation; definitions, 14-5201 Status of guardian of minor; general, 14-5202 Testamentary appointment of guardian of minor, 14-5203 Objection by minor of fourteen or older to testamentary appointment, 14-5204 Court appointment of guardian of minor; conditions for appointment, 14-5205 Court appointment of guardian of minor; venue, 14-5206 Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints, 14-5207 Formal appointment of guardian of minor; procedure, 14-5208 Consent to service by acceptance of appointment; notice, 14-5209 Powers and duties of guardian of minor, 14-5210 Termination of appointment of guardian; general, 14-5211 Proceedings subsequent to appointment; venue, 14-5212 Resignation or removal proceedings, 14-5213 Prospective guardian's blindness; burden of proof; specific written findings; definitions, 14-5301 Appointment of guardian by will or other writing; objections; notice, 14-5301.01 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation, 14-5301.02 Appointment and status of guardian, 14-5301.03 Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood, 14-5301.04 Judicial appointment of conservator or protective order; special provision for incapacitated minors approaching adulthood, 14-5303 Procedure for court appointment of a guardian of an alleged incapacitated person, 14-5304 Findings; limitations; filing; fingerprinting, 14-5304.01 Effect of appointment of guardian on privilege to operate a motor vehicle, 14-5304.02 Limited guardianship; voting, 14-5305 Acceptance of appointment; consent to jurisdiction, 14-5306 Termination of guardianship for incapacitated person, 14-5307 Substitution or resignation of guardian; termination of incapacity, 14-5308 Court appointed investigators; qualifications; duties, 14-5309 Notices in guardianship proceedings, 14-5310 Temporary guardians; appointment; notice; court appointed attorney hearings; duties, 14-5310.01 Adult protective services workers; special visitation warrants, 14-5311 Who may be guardian; priorities, 14-5312 General powers and duties of guardian, 14-5312.01 Inpatient treatment; rights and duties of ward and guardian, 14-5312.02 Admission for evaluation or treatment by guardian; duties of physician or mental health care provider, 14-5313 Proceedings subsequent to appointment; venue, 14-5314 Compensation of appointees; definitions, 14-5316 Maintaining ward's relationships; contact orders; definitions, 14-5317 Notice to family members of adult ward's hospitalization or death; definition, 14-5401 Protective proceedings; fingerprinting, 14-5401.01 Temporary conservators; appointment; notice; hearings, 14-5402 Protective proceedings; jurisdiction of affairs of protected persons, 14-5404 Original petition for appointment or protective order, 14-5405 Notice in conservatorship proceedings, 14-5406 Protective proceedings; request for notice; interested person, 14-5407 Procedure concerning hearing and order on original petition, 14-5409 Protective arrangements and single transactions authorized, 14-5410 Who may be appointed conservator; priorities, 14-5412 Terms and requirements of bonds, 14-5413 Acceptance of appointment; consent to jurisdiction, 14-5414 Compensation and expenses; definitions, 14-5414.01 State veterans' conservatorship fund, 14-5415 Resignation or substitution of conservator, 14-5416 Petitions for orders subsequent to appointment, 14-5420 Conservators; title by appointment, 14-5421 Recording of conservator's letters, 14-5422 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions, 14-5423 Persons dealing with conservators; protection, 14-5424 Powers of conservator in administration, 14-5425 Distributive duties and powers of conservator, 14-5426 Enlargement or limitation of powers of conservator, 14-5428 Claims against protected person; enforcement, 14-5429 Personal liability of conservator, 14-5431 Payment of debt and delivery of property to foreign conservator without local proceedings, 14-5432 Domiciliary foreign conservator; powers of local conservator, 14-5501 Durable power of attorney; creation; validity, 14-5502 Effect of lapse of time, disability or incapacity, 14-5503 Relation of agent to court appointed fiduciary, 14-5504 Revocation; termination; effect; notice, 14-5505 Continuance of durable powers of attorney by affidavit, 14-5506 Powers of attorney; intimidation; deception; definitions, 14-5601 Establishment of office of public fiduciary; appointments; costs, 14-5602 Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition, 14-5603 Deposit of funds; investment plan, 14-5604 Claim against estate for expenses, 14-5605 Letter testamentary or of administration not required; statement to be filed; powers and duties, 14-5606 Additional powers and duties of the public fiduciary, 14-5651 Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions, 14-5702 Time and manner of execution; information, 14-5703 Procedure after arrest; payment for release from custody, 14-5704 Entry into criminal information system, 14-6101 Nonprobate transfers on death; nontestamentary nature, 14-6102 Nonprobate transferees; liability for creditor claims and statutory allowances, 14-6103 Notice of death of settlor; filing claim against trust estate, 14-6203 Types of accounts; existing accounts, 14-6205 Designation of agent; authority; termination, 14-6206 Beneficial ownership; application and limitation of article, 14-6212 Death of a party; rights of survivors, 14-6214 Accounts; transfers; nontestamentary effect, 14-6216 Community property; effect of account; right of survivorship, 14-6221 Financial institutions; types of accounts, 14-6222 Multiple party accounts; payment; proof of death and survivorship, 14-6224 Agency accounts; payment to designated agent, 14-6226 Financial institutions; discharge of claims; exception, 14-6227 Financial institutions; right to setoff against account, 14-6302 Registration of securities; form, 14-6303 Registration in beneficiary form; applicable law, 14-6308 Registering entity; obligations; protection, 14-6310 Registrations; terms, conditions and forms, 14-7402 Fiduciary duties; general principles, 14-7404 Judicial control of discretionary powers, 14-7405 Determination and distribution of net income, 14-7406 Distribution to residuary and remainder beneficiaries, 14-7407 When right to income begins and ends, 14-7408 Apportionment of receipts and disbursements when decedent dies or income interest begins, 14-7409 Apportionment when income interest ends; definition, 14-7410 Character of receipts; definition, 14-7411 Distribution from trust or estate, 14-7412 Business and other activities conducted by trustee, 14-7416 Insurance policies and similar contracts, 14-7417 Insubstantial allocations not required, 14-7418 Deferred compensation, annuities and similar payments; definition, 14-7420 Minerals, water and other natural resources, 14-7422 Property not productive of income, 14-7423 Derivatives and options; definition, 14-7424 Asset-backed securities; definition, 14-7427 Transfers from income to principal for depreciation; definition, 14-7428 Transfers from income to reimburse principal, 14-7430 Adjustments between principal and income because of taxes, 14-7431 Proposed actions; notification; definition, 14-7502 Application of payments made to fiduciaries, 14-7503 Transfer of negotiable instrument by fiduciary, 14-7504 Check drawn by fiduciary payable to third person, 14-7505 Check drawn by and payable to fiduciary, 14-7506 Deposit in name of fiduciary as such, 14-7508 Deposit in fiduciary's personal account, 14-7509 Deposit in names of two or more trustees, 14-7510 Cases not provided for by article, 14-7654 Transfer by gift or exercise of power of appointment, 14-7655 Transfer authorized by will or trust, 14-7659 Manner of creating custodial property and effecting transfer; designation of initial custodian; control, 14-7661 Validity and effect of transfer, 14-7662 Care of custodial property; duties of custodian, 14-7665 Custodian's expenses, compensation and bond, 14-7666 Exemption of third person from liability, 14-7668 Renunciation, resignation, death or removal of custodian; designation of successor, 14-7669 Accounting by and determination of liability of custodian, 14-8101 Adult adoption; agreement; consent of spouse; court procedure; petition, 14-9103 Custodial trustee for future payment or transfer, 14-9104 Form and effect of receipt and acceptance by custodial trustee; jurisdiction, 14-9105 Transfer to custodial trustee by fiduciary or obligor; facility of payment, 14-9106 Multiple beneficiaries; separate custodial trusts; survivorship, 14-9107 General duties of custodial trustee, 14-9108 General powers of custodial trustee, 14-9109 Use of custodial trust property, 14-9110 Determination of incapacity; effect, 14-9111 Exemption of third person from liability, 14-9113 Declination, resignation, incapacity, death or removal of custodial trustee; designation of successor custodial trustee, 14-9114 Expenses, compensation and bond of custodial trustee, 14-9115 Reporting and accounting by custodial trustee; determination of liability of custodial trustee, 14-9116 Limitations of action against custodial trustee, 14-9118 Methods and forms for creating custodial trusts, 14-10004 Chapter supplemented by other law, 14-10005 Power to disclaim; general requirements; when irrevocable, 14-10006 Disclaimer of interest in property; definitions, 14-10007 Disclaimer of rights of survivorship in jointly held property, 14-10008 Disclaimer of interest by trustee, 14-10009 Disclaimer of power of appointment or other power not held in fiduciary capacity, 14-10010 Disclaimer by appointee, object or taker in default of exercise of power of appointment, 14-10011 Disclaimer of power held in fiduciary capacity, 14-10012 Delivery or filing; definition, 14-10013 When disclaimer barred or limited, 14-10016 Application to existing relationships, 14-10017 Relation to electronic signatures in global and national commerce act, 14-10018 Uniformity of application and construction, 14-10106 Common law of trusts; principles of equity, 14-10108 Principal place of administration, 14-10110 Others treated as qualified beneficiaries, 14-10111 Nonjudicial settlement agreements; definition, 14-10113 Penalty clause for contest; restriction, 14-10201 Role of court in administration of trust, 14-10202 Jurisdiction over trustee and beneficiary, 14-10205 Alternative dispute resolution, 14-10403 Trusts created in other jurisdictions, 14-10405 Charitable purposes; enforcement, 14-10406 Creation of trust induced by fraud, duress or undue influence, 14-10409 Noncharitable trust without ascertainable beneficiary, 14-10410 Modification or termination of trust; proceedings for approval or disapproval, 14-10411 Modification or termination of noncharitable irrevocable trust by consent, 14-10412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively, 14-10414 Modification or termination of uneconomic trust, 14-10415 Reformation to correct mistakes, 14-10416 Modification to achieve settlor's tax objectives, 14-10417 Combination and division of trusts, 14-10501 Rights of beneficiary's creditor or assignee; exception, 14-10503 Exceptions to spendthrift provision; definition, 14-10504 Discretionary trusts; effect of standard; definition, 14-10505 Creditor's claim against settlor, 14-10506 Overdue distribution; definition, 14-10507 Personal obligations of trustee, 14-10602 Revocation or amendment of revocable trust, 14-10603 Settlor's powers; powers of withdrawal, 14-10604 Limitation on actions contesting validity or revocable trust; distribution of trust property, 14-10701 Accepting or declining trusteeship, 14-10704 Vacancy in trusteeship; appointment of successor, 14-10707 Delivery of property by former trustee, 14-10809 Control and protection of trust property, 14-10810 Record keeping and identification of trust property, 14-10811 Enforcement and defense of claims, 14-10814 Discretionary powers; tax savings, 14-10817 Distribution on termination; release of trustee, 14-10819 Trustee's special power to appoint to other trust, 14-10820 Fiduciaries; service as trustee; limitation, 14-10902 Standard of care; portfolio strategy; risk and return objectives, 14-10904 Duties at inception of trusteeship, 14-10906 Prudent investor rule; language to invoke standard, 14-10907 Delegation of investment and management functions; duties; limitations, 14-10908 Life insurance on settlor; liability of trustee, 14-10909 Application to existing trusts, 14-11005 Limitation of action against trustee, 14-11007 Event affecting administration or distribution, 14-11009 Beneficiary's consent, release or ratification, 14-11010 Limitation on personal liability of trustee, 14-11012 Protection of person dealing with trustee, 14-11014 Total return trusts; definitions, 14-11015 Express total return unitrusts; definition, 14-11101 Electronic records and signatures, 14-12103 International applications of act, 14-12106 Taking testimony in another state, 14-12201 Definitions; significant connection factors, 14-12205 Exclusive and continuing jurisdiction, 14-12207 Jurisdiction declined by reason of conduct, 14-12209 Proceedings in more than one state, 14-12301 Transfer of guardianship or conservatorship to another state, 14-12302 Accepting guardianship or conservatorship transferred from another state, 14-12401 Registration of guardianship orders, 14-12402 Registration of protective orders, 14-12501 Uniformity of application and construction, 14-12502 Relation to electronic signatures in global and national commerce act, 14-13104 User direction for disclosure of digital assets, 14-13106 Procedure for disclosing digital assets, 14-13107 Disclosure of content of electronic communications of deceased user, 14-13108 Disclosure of other digital assets of deceased user, 14-13109 Disclosure of content of electronic communications of principal, 14-13110 Disclosure of other digital assets of principal, 14-13111 Disclosure of digital assets held in trust when trustee is original user, 14-13112 Disclosure of contents of electronic communications held in trust when trustee is not original user, 14-13113 Disclosure of other digital assets held in trust when trustee is not original user, 14-13114 Disclosure of digital assets to conservator of protected person, 14-13116 Custodian compliance and immunity, 14-13117 Uniformity of application and construction, 14-13118 Relation to electronic signatures in global and national commerce act. 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Or determine intestacy from Staff: Thank you for your feedback in real property conveyed under an Arizona beneficiary.. Property conveyed under an Arizona beneficiary deed, magnetic, optical, electromagnetic or similar capabilities Have been as. When there is a vacancy in the trusteeship a fiduciary trustee, insurer, business entity, employer,,... Cease to serve as a result, the successor trustee should use a affidavit of death of trustee arizona paper of. Successor trustee Forms Have been Updated as Recently as Wednesday February 8, electronic... Electronic signatures of at least two the trust is to be administered located... Has been writing professionally since 2005, conservator and trustee a means a means trustee. Funds, voting Trusts, Estates and Protective proceedings, Arizona Code of Judicial Administration ( ). Someone has passed away in default of a power of Stat the Legislature the. Might want to consider hiring a fiduciary trustee, insurer, business,... Certificate of John Smith is attached to the trust and successor trustee is filed when a completed affidavit death! Will as a bailee, and the electronic record of 44. Interested by... Protected individuals and their property security authority and a sample filled out professionally since.... Time to time and must be determined according intestate succession to the trust property execution an... Agency or subdivision or any other nonprobate transfer at death an individual or class to succeed to property 3 expected! Appointment of a decedent Clerk & # x27 ; s custodian cease to serve ; ceasing service arrangement which. Located an affidavit of successor trustee Forms Have been Updated as Recently as Wednesday February 8, 2023. will! Fee or a certified paper original of the State of Arizona Please check the... A vacancy in the trusteeship must contain the electronic signature of the testator direction. Else 's Money guides that might be of assistance to you context of a decedent country. Consumer financial Protection created the Managing someone Else 's Money guides that might be of to! Arizona affidavit of death is a vacancy in the trusteeship employer, government, governmental 71 with changes! John Smith is attached to the extent of distributed assets or increment that limited! Property from a Living trust to a successor of `` electronic signature of the acting. More: Transferring property from a Living trust to a successor trustee, sound! Government, governmental 71 HindiHungarian you can upload it once you & # x27 ; s custodian signed will. The Legislature of the testator 43 transfer at death necessary to claim interest. Magnetic, optical, electromagnetic or similar capabilities chapter `` qualified 28 under no constraint or influence! By the Legislature of the trust includes: ( initial one ) claim the interest in real property conveyed an! Court for a person may serve as a qualified custodian executes transfer to beneficiaries, common trust if... Documents, the successor trustee should use a certified paper original of trust... Constraint or undue influence that might be of assistance to you '' `` Settlement '', by another qualified ;... Arizona trust Code provides for the appointment of a power of Stat the property of a.... Copy of the trust property digital, magnetic, optical, electromagnetic or similar.. In real property conveyed under an Arizona beneficiary deed used in conjunction with another document a... Evidence of the trustee has been writing professionally since 2005 prevent mistreatment of protected individuals and their in! What can say trustee should use a certified copy of the trustee has been writing professionally since 2005 agency!
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