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A.R.S. § 14-10815

General Powers of a Trustee Under Arizona Law

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

Arizona grants trustees broad authority to manage trust property without court approval. A trustee generally has the same powers over trust assets that an owner would have over their own property. The trust document can limit these powers.

Title 14, ARIZONA TRUST CODE

azleg.gov

What a Trustee Can Do Without Going to Court

One key benefit of a trust is that the trustee can manage property without asking a judge. Arizona law gives trustees the power to do anything the trust document allows.

On top of that, a trustee has all the powers that an unmarried, competent owner would have over their own property.

A trustee, without authorization by the court, may exercise: 1. Powers conferred by the terms of the trust. 2. Except as limited by the terms of the trust: (a) All powers over the trust property that an unmarried competent owner has over individually owned property. (b) Any other powers appropriate to achieve the proper investment, management and distribution of the trust property.

A.R.S. § 14-10815(A)

This includes buying and selling assets, managing investments, and making distributions. The trust document can limit these powers, but the default is broad authority.

Power Comes with Responsibility

Having authority is not the same as having free rein. Every power a trustee uses is subject to fiduciary duties under Arizona's trust code. This means acting loyally, wisely, and for the beneficiaries' benefit.

The exercise of a power by a person acting in a fiduciary capacity is subject to the fiduciary duties prescribed by this article.

A.R.S. § 14-10815(B)

For example, a trustee who sells trust property below market value may face a breach of trust claim. The same applies to risky investments made without good reason. The scope of authority is wide, but the duty of care is always the guardrail.

14-10815. General powers of trustee A. A trustee, without authorization by the court, may exercise: 1. Powers conferred by the terms of the trust. 2. Except as limited by the terms of the trust: (a) All powers over the trust property that an unmarried competent owner has over individually owned property. (b) Any other powers appropriate to achieve the proper investment, management and distribution of the trust property. (c) Any other powers conferred by this chapter. B. The exercise of a power by a person acting in a fiduciary capacity is subject to the fiduciary duties prescribed by this article.

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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