A Fundamental Trustee Obligation
This statute is short, but its weight is significant. It establishes one of the most basic duties a trustee carries: getting control of trust property and keeping it safe.
A trustee shall take reasonable steps to take control of and protect the trust property.
A.R.S. § 14-10809In practical terms, this means a trustee must identify what the trust owns, secure those assets, and take steps to prevent loss or damage. That might include retitling accounts, obtaining insurance, collecting rent from trust-owned property, or safeguarding physical assets like real estate or vehicles.
What "Reasonable Steps" Actually Means
The statute does not require perfection. It requires reasonableness. A trustee managing a trust with a single bank account has different obligations than a trustee overseeing a portfolio of real estate, business interests, and investment accounts. The standard adjusts to the complexity of the trust.
Where trustees most often fall short is in the transition period. When a successor trustee steps in after incapacity or death, there is sometimes a gap where assets sit unprotected. Bank accounts go unmonitored. Insurance policies lapse. Property sits vacant. This statute makes clear that the trustee has a legal obligation to close those gaps promptly.
For families choosing a successor trustee, this duty is one of the most important things to understand. The role is not just about distributing assets at the end. It starts with securing them from day one.
