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A.R.S. § 14-10604

Time Limits for Contesting a Revocable Trust

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

After the settlor dies, there is a limited window to contest a revocable trust. Two possible deadlines apply, and the earlier one controls. The trustee can generally proceed with distributions unless a contest is filed or about to be filed.

Title 14, ARIZONA TRUST CODE

azleg.gov

Two Deadlines, and the Earlier One Wins

Contesting a trust is not open-ended. Two time limits apply, and the clock that runs out first controls.

A challenger must act within one year of the settlor's death. The deadline may be shorter: four months after the trustee sends a copy of the trust and a notice. Claims of undue influence, lack of capacity, or improper execution must meet these deadlines.

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 rule gives trustees a useful tool. By sending the trust document and a formal notice early, the trustee can shorten the contest window. Many estate planning professionals suggest doing this right after the settlor's death.

The Trustee Can Still Distribute Property

A trust offers an advantage over a will in this area. The trustee does not need court permission to distribute assets. This statute confirms the trustee may proceed after the settlor's death.

There are two exceptions. If the trustee knows about a pending contest, distributions during that period can create liability. The same is true if a potential challenger sends written notice and files suit within 60 days.

Any beneficiary who received assets from a trust later found invalid must return them. The only exception is a good-faith purchaser who had no knowledge of the issue.

A. 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. B. On the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless either: 1. The trustee has actual knowledge of a pending judicial proceeding contesting the validity of the trust. 2. A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification. C. A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received except to the extent that the beneficiary is a bona fide purchaser for value without notice.

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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