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A.R.S. § 14-10813

Trustee Duty to Inform and Report

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

Arizona law requires trustees to keep beneficiaries informed about how a trust is managed. This includes yearly reports, notice when a trust becomes irrevocable, and prompt replies to information requests.

Title 14, ARIZONA TRUST CODE

azleg.gov

What Beneficiaries Are Entitled to Know

A trust is not a black box. Arizona's trust code gives beneficiaries the right to stay informed about trust assets.

When someone is a qualified beneficiary, the trustee must share key facts about the trust. The trustee must do this on their own, not just when asked.

A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.

A.R.S. § 14-10813(A)

This means beneficiaries do not have to guess if the trustee is doing their job. They can request copies of relevant parts of the trust document.

When a trustee accepts a new role or a trust becomes irrevocable, the trustee must notify beneficiaries within sixty days. This often happens after the settlor's death.

Annual Reports and Pay Transparency

The statute also requires a yearly accounting. The trustee must send a report covering trust property, debts, receipts, and payments. It must also list the trustee's pay and trust assets with market values when possible.

A trustee shall send to the distributees or permissible distributees of trust income or principal and to other beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation.

A.R.S. § 14-10813(C)

Trustees must also give at least thirty days' notice before changing their pay. A beneficiary can waive the right to reports. However, they can take back that waiver at any time for future reports.

Transparency is the default. The trustee carries the burden of keeping it up.

14-10813. Duty to inform and report A. Unless the trust instrument provides otherwise, a trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless the trustee determines that it is unreasonable under the circumstances to do so, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust. B. A trustee: 1. On request of a beneficiary, shall promptly furnish to the beneficiary a copy of the portions of the trust instrument that are necessary to describe the beneficiary's interest. 2. Within sixty days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address and telephone number. 3. Within sixty days after the date the trustee acquires knowledge of the creation of an irrevocable trust or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the trustee's name, address and telephone number, of the right to request a copy of the relevant portions of the trust instrument and of the right to a trustee's report as provided in subsection C of this section. 4. Shall notify the qualified beneficiaries at least thirty days in advance of any change in the method or rate of the trustee's compensation. C. A trustee shall send to the distributees or permissible distributees of trust income or principal and to other beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. On a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee. D. A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given. E. Subsection B, paragraphs 2 and 3 of this section apply only to a trustee who accepts a trusteeship on or after January 1, 2009, to an irrevocable trust created on or after January 1, 2009 and to a revocable trust that becomes irrevocable on or after January 1, 2009. F. Except for the notice requirement in subsection B, paragraph 2 of this section, for the purposes of this section, a person is not a qualified beneficiary, distributee or other beneficiary who requests a report pursuant to subsection C of this section solely because the person is or would be entitled under the terms of the trust instrument to one or more specific distributions of property that already have been made to the person or have otherwise been satisfied.

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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