Acceptable Methods of Giving Notice
Trust management involves regular communication. Trustees notify beneficiaries about distributions, reports, and changes.
A trustee has fiduciary duties that include keeping people informed. This statute sets the standard for how to deliver notice.
Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first class mail, personal delivery, delivery to the person's last known place of residence or place of business or a properly directed electronic message.
A.R.S. § 14-10109(A)The key phrase is "reasonably suitable." The law does not require certified mail or hand delivery. A first class letter or a clear email can meet the standard.
This means the test is practical. Did the trustee pick a method likely to reach the person?
When Notice Is Not Required
Sometimes a trustee cannot locate a beneficiary. The person may have moved with no forwarding address. The trust may also name a class of beneficiaries where some members are unknown.
Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
A.R.S. § 14-10109(B)A beneficiary can also waive notice entirely. This sometimes happens in family trusts where beneficiaries prefer less formal contact. The waiver must come from the person who would otherwise get the notice.
Trustees should keep records of every notice sent. If a dispute arises later, those records show the trustee met their duties. For example, proper notice within 60 days of key events helps protect everyone involved.