Two Deadlines, and the Earlier One Wins
Contesting a trust is not an open-ended option. Arizona sets two time limits, and the clock that runs out first controls. A person who wants to challenge the validity of a revocable trust must act within either one year of the settlor's death, or four months after the trustee sent them a copy of the trust and a notice.
A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: 1. One year after the settlor's death. 2. Four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address and of the time allowed for commencing a proceeding.
A.R.S. § 14-10604(A)The four-month notice provision gives trustees a practical tool: by proactively sending the trust document and a formal notice, the trustee can shorten the contest window significantly. This is why many estate planning professionals recommend sending that notice promptly after the settlor's death.
The Trustee Can Still Distribute Property
One of the advantages of a trust over a will is that the trustee does not need court permission to distribute assets. This statute confirms that the trustee may proceed with distributions after the settlor's death, with two exceptions. If the trustee knows about a pending contest, or if a potential contestant has sent written notice and files suit within 60 days, the trustee can be held liable for distributions made during that period.
Any beneficiary who received assets from a trust later found to be invalid must return those distributions, unless they qualify as a good-faith purchaser who had no knowledge of the issue.
