Filing in the Right County
Arizona does not leave venue to guesswork. If a judicial proceeding involves a trust, the case belongs in the county where the trust's principal place of administration is located, or where it will be located. If the trust was created by a will and the estate has not yet closed, the case can also be filed in the county where the estate is being administered.
Except as otherwise provided in subsection B, venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.
A.R.S. § 14-10204(A)For most families, the principal place of administration is wherever the trustee lives and manages the trust. If the trust document does not specify, the trustee's location typically determines the answer.
When There Is No Trustee
Sometimes a trust exists but has no acting trustee, perhaps because the original trustee passed away or resigned and no successor was named. In that situation, the rules for venue shift. The court proceeding to appoint a new trustee may be filed in a county where a beneficiary resides, where any trust property is located, or, if the trust was created by a will, where the estate is or was administered.
If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.
A.R.S. § 14-10204(B)These venue rules keep proceedings close to the people and property involved. Filing in the right county from the start avoids delays and potential challenges from other parties.
