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A.R.S. § 14-10108

Trust Principal Place of Administration

Verified April 4, 202657th Legislature, 1st Regular Session

A trust's principal place of administration decides which state's laws govern its day-to-day management. The trust document can name a principal place. Trustees may transfer administration to another state with notice and beneficiary protections.

Title 14, ARIZONA TRUST CODE

azleg.gov

How the Principal Place of Administration Is Set

The trust document can name a specific state as the principal place of administration. That designation is valid and controlling in two clear situations. The first is when a trustee's principal place of business is in that state. The second is when all or part of the trust's administration actually happens there.

Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if either: 1. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction. 2. All or part of the administration occurs in the designated jurisdiction.

A.R.S. § 14-10108(A)

This matters because the principal place of administration can affect which state's laws apply to trustee duties, tax obligations, and beneficiary rights. Choosing the right location is a strategic decision, not just a formality.

Transferring Administration to Another State

Circumstances change. A trustee may relocate. Beneficiaries may move. The trust's investments may be better managed from a different state. The law allows a trustee to transfer the trust's principal place of administration to another state. However, qualified beneficiaries must receive at least sixty days' notice before the transfer.

That notice must include several details. It should list the new state, the trustee's new contact information, the reasons for the move, the expected transfer date, and a deadline for objections. If any qualified beneficiary files a written objection with a reasonable basis, the trustee cannot proceed with the transfer.

The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee in writing of a reasonably founded objection to the proposed transfer on or before the date specified in the notice.

A.R.S. § 14-10108(E)

This balance gives trustees flexibility to manage the trust well. At the same time, it ensures beneficiaries have a meaningful voice in decisions that could change the legal framework governing their interests.

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 are valid and controlling if either: 1. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction. 2. All or part of the administration occurs in the designated jurisdiction. B. A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the interests of the beneficiaries. C. Without precluding the right of the court to order, approve or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection B of this section, may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States and, subject to the requirements of section 14-10818, may change the applicable law governing the trust. D. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration at least sixty days before initiating the transfer. Unless a corporate trustee indicates an intent to change the principal place of business in a notice to qualified beneficiaries, a transfer by the corporate trustee of some of the functions of a trust to another state or states is not a transfer of the trust's principal place of business if the corporate trustee maintains an office in this state. The notice of proposed transfer must include: 1. The name of the jurisdiction to which the principal place of administration is to be transferred. 2. The address and telephone number of the new location at which the trustee can be contacted. 3. An explanation of the reasons for the proposed transfer. 4. The date on which the proposed transfer is anticipated to occur. 5. The date, at least sixty days...

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.

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