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A.R.S. § 14-10704

Filling a Vacancy in a Trusteeship

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

When a trustee dies, resigns, is removed, or cannot serve, a clear order of priority controls who steps in next. If cotrustees remain in office, the vacancy does not need to be filled. If no trustee remains, the trust instrument, the beneficiaries, or the court steps in.

Title 14, ARIZONA TRUST CODE

azleg.gov

What Creates a Vacancy

A trusteeship becomes vacant for several straightforward reasons. The named trustee may reject the appointment, resign, be removed, die, or become incapacitated to the point where a guardian or conservator is appointed. A vacancy also occurs when the person designated as trustee simply cannot be identified or does not exist.

A vacancy in a trusteeship occurs if: 1. A person designated as trustee rejects the trusteeship. 2. A person designated as trustee cannot be identified or does not exist. 3. A trustee resigns. 4. A trustee is disqualified or removed. 5. A trustee dies. 6. A guardian or conservator is appointed for an individual serving as trustee.

A.R.S. § 14-10704(A)

If one or more cotrustees are still serving, the vacancy does not need to be filled. The remaining cotrustees continue managing the trust. But if no trustee remains, the vacancy must be filled to keep the trust running.

How the Successor Is Chosen

For noncharitable trusts, there is a three-step priority. First, the trust instrument controls. If the trust names a successor or gives someone authority to appoint one, that person steps in. Second, if the trust is silent, all qualified beneficiaries can agree on a replacement. Third, if neither option works, the court appoints someone.

Charitable trusts follow a slightly different order. The trust instrument still comes first, but the next step involves the designated charitable organizations rather than individual beneficiaries.

Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.

A.R.S. § 14-10704(E)

This is one of the strongest reasons to name a successor trustee in the trust document itself. Without that designation, filling a vacancy becomes more complicated and may require court involvement, costing the trust time and money.

14-10704. Vacancy in trusteeship; appointment of successor A. A vacancy in a trusteeship occurs if: 1. A person designated as trustee rejects the trusteeship. 2. A person designated as trustee cannot be identified or does not exist. 3. A trustee resigns. 4. A trustee is disqualified or removed. 5. A trustee dies. 6. A guardian or conservator is appointed for an individual serving as trustee. B. If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee. C. A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority: 1. By a person designated in the terms of the trust to act as successor trustee or a person who is appointed by a person who has authority in the trust instrument to appoint a successor trustee. 2. By a person appointed by unanimous agreement of the qualified beneficiaries. 3. By a person appointed by the court. D. A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority: 1. By a person designated in the terms of the trust to act as successor trustee. 2. By a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust. 3. By a person appointed by the court. E. Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.

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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