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A.R.S. § 14-10707

A Former Trustee's Duty to Deliver Trust Property in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

When a trustee resigns or is removed in Arizona, they must promptly hand over all trust property to the successor trustee, a cotrustee, or the person entitled to receive it. Until that handoff is complete, the former trustee retains both the duties and the powers necessary to protect the trust assets.

Title 14, ARIZONA TRUST CODE

azleg.gov

The Transition Period

Resignation or removal does not end a trustee's obligations overnight. Until the trust property is actually delivered to the right person, the outgoing trustee remains responsible for protecting it. This prevents a gap in oversight where assets could be lost, damaged, or mismanaged.

Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.

A.R.S. § 14-10707(A)

If a cotrustee is still serving, the former trustee's continuing duties may not apply because someone is already in place to manage the assets. But when no cotrustee remains, the outgoing trustee stays on the hook until the handoff is complete.

The Obligation to Act Quickly

Arizona does not leave the timeline open-ended. The statute requires the former trustee to proceed "expeditiously" in delivering trust property.

A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property in the trustee's possession to the cotrustee, successor trustee or other person entitled to it.

A.R.S. § 14-10707(B)

This matters for beneficiaries waiting on a transition. A former trustee who drags their feet on delivering accounts, records, or property could face legal consequences. The word "expeditiously" gives courts a clear standard to enforce if the transition stalls.

14-10707. Delivery of property by former trustee A. Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property. B. A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property in the trustee's possession to the cotrustee, successor trustee or other person entitled to it.
View on azleg.gov

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.

Related Questions

What does a trustee actually do?

A trustee manages trust assets according to the rules the trust creator set. While you are alive, you are typically both trustor and trustee. After you pass, your successor trustee distributes assets as instructed.

How do I prepare my successor trustee to manage my estate?

Create a binder or digital folder listing financial accounts, professional advisors, document locations, bill payment details, and contacts. Your trustee should not have to guess their way through your estate.

What is the hardest part of settling a trust?

If the trust is in proper order, settling it is straightforward and can begin in hours. The hardest part is not the legal process but the emotional weight of handling affairs while grieving, compounded by unfunded assets or missing information.

Related Statutes

§ 14-10704Filling a Vacancy in a Trusteeship Under Arizona Law
§ 14-10706When and How a Trustee Can Be Removed in Arizona
§ 14-10705How a Trustee Resigns Under Arizona Law

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