Acceptable Methods of Giving Notice
Trust administration involves regular communication. Trustees notify beneficiaries of distributions, accounting reports, changes to administration, and other important events. This statute sets the standard for how that notice must be delivered.
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 under the circumstances." Arizona does not require certified mail or hand delivery for every communication. A properly addressed first class letter or a well-directed email can satisfy the requirement. The standard is practical: did the trustee choose a method that was likely to actually reach the person?
When Notice Is Not Required
Sometimes a trustee genuinely cannot locate a beneficiary. The person may have moved without leaving a forwarding address, or the trust may name a class of beneficiaries (like "all grandchildren") where some members are unknown. Arizona addresses this directly.
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 communication. The waiver must come from the person who would otherwise receive the notice. For judicial proceedings involving a trust, notice follows the more formal requirements of A.R.S. 14-1401 rather than the flexible standards in this section.
