A.R.S. § 14-10105

Default and Mandatory Rules in Arizona Trust Law

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona's trust code gives you broad flexibility to customize how your trust works, but some rules cannot be overridden. The terms of your trust generally control, except for core protections like the duty to act in good faith, spendthrift provisions, and the court's power to modify trusts.

Title 14, ARIZONA TRUST CODE

azleg.gov

Your Trust Terms Come First

One of the most important principles in Arizona trust law is that the terms of the trust document generally control. If your trust says the trustee has certain powers or the beneficiaries have certain rights, those terms take priority over the default rules in the trust code.

Except as otherwise provided in the terms of the trust, this chapter governs: 1. The duties, powers, exercise of powers, resignation and appointment of a trustee. 2. Conflicts of interest of a trustee. 3. Relations among trustees. 4. Combinations or divisions of trusts. 5. The rights and interests of a beneficiary.

A.R.S. § 14-10105(A)

This flexibility is what makes trust planning so powerful. You can tailor trustee powers, define how distributions work, set conditions on beneficiary access, and structure the trust to fit your family's specific circumstances.

Rules That Cannot Be Changed

Some protections are built into Arizona law and no trust document can override them. These mandatory rules exist to protect beneficiaries, preserve the integrity of the trust system, and keep the courts available as a safeguard.

The terms of a trust prevail over any provision of this chapter except: 1. The requirements for creating a trust. 2. The duty of a trustee to act in good faith and in accordance with the purposes of the trust. 3. The requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve.

A.R.S. § 14-10105(B)(1)-(3)

A trust cannot waive the trustee's duty of good faith. It cannot eliminate the court's authority to step in when something goes wrong. And it cannot strip beneficiaries of certain transparency rights, like the ability to request reports from the trustee of an irrevocable trust. These guardrails exist because a trust is a fiduciary relationship, and the law ensures that the person managing someone else's assets always has a baseline obligation to act honestly and in the beneficiaries' interest.

14-10105. Default and mandatory rules A. Except as otherwise provided in the terms of the trust, this chapter governs: 1. The duties, powers, exercise of powers, resignation and appointment of a trustee. 2. Conflicts of interest of a trustee. 3. Relations among trustees. 4. Combinations or divisions of trusts. 5. The rights and interests of a beneficiary. B. The terms of a trust prevail over any provision of this chapter except: 1. The requirements for creating a trust. 2. The duty of a trustee to act in good faith and in accordance with the purposes of the trust. 3. The requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve. 4. The power of the court to modify or terminate a trust under sections 14-10410, 14-10411, 14-10412, 14-10413, 14-10414, 14-10415 and 14-10416. 5. The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 5 of this chapter. 6. The power of the court under section 14-10702 to require, dispense with, modify or terminate a bond. 7. The power of the court under section 14-10708, subsection B to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high. 8. The duty to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of a trust. 9. The effect of an exculpatory term under section 14-11008. 10. The rights under sections 14-11010, 14-11011, 14-11012 and 14-11013 of a person other than a trustee or beneficiary. 11. Periods of limitation for commencing a judicial proceeding. 12. The power of the court to take action consistent with the settlor's intent and exercise jurisdiction as may be necessary in the interests of justice. 13. The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in sections 14-10203 and 14-10204. 14. The notice provisions of section 14-10110, subsection B. 15. The enforceability of a penalty clause under section 14-10113.

View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Statutes

§ 14-10104What Counts as 'Knowledge' Under Arizona Trust Law

§ 14-10106Common Law of Trusts and Principles of Equity in Arizona

§ 14-10101The Arizona Trust Code: Short Title and What It Covers

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