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A.R.S. § 14-7406

How Residuary and Remainder Beneficiaries Receive Income

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

After specific gifts and fixed dollar amounts have been paid, the remaining net income goes to residuary and remainder beneficiaries. Each beneficiary's share is based on their fractional interest in the undistributed principal assets, calculated as of the distribution date.

Title 14, TRUST ADMINISTRATION

azleg.gov

Calculating Each Beneficiary's Share

Residuary and remainder beneficiaries do not receive a flat amount. Instead, each one is entitled to a portion of net income that matches their fractional interest in the undistributed principal assets. That fraction is calculated using asset values as of the distribution date, which keeps the calculation tied to current reality rather than outdated estimates.

Each beneficiary described in section 14-7405, paragraph 4 is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date.

A.R.S. § 14-7406(A)

If a fiduciary distributes assets in stages, the calculation resets with each distribution. Every beneficiary is entitled to the net income the fiduciary received between the prior distribution date and the current one. That applies even to beneficiaries who do not receive assets in a particular round.

What Gets Excluded From the Calculation

The fractional interest is calculated without counting property that was specifically given to another beneficiary or property set aside to pay pecuniary amounts that are not in trust. This prevents double counting and ensures residuary beneficiaries share only in the assets that actually belong to the residuary pool.

If the fiduciary cannot distribute all collected but undistributed net income at once, the statute requires appropriate records showing each beneficiary's interest. The fiduciary may also apply these rules to net gains or losses from selling principal assets, to the extent the fiduciary considers it appropriate. This flexibility helps fiduciaries handle complex estates where income and principal are intertwined.

A. Each beneficiary described in section 14-7405, paragraph 4 is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date. B. In determining a beneficiary's share of net income, the following apply: 1. The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations. 2. The beneficiary's fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust. 3. The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation. 4. The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed. C. If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income. D. A fiduciary may apply this section to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset.
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 is probate, and how long does it take in Arizona?

Probate is a court-supervised process that validates a will, pays debts, and distributes assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000 in fees.

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.

Do beneficiary designations override my will?

Yes. Retirement accounts like 401(k)s, IRAs, and life insurance pass by beneficiary designation, not by your will. If an old beneficiary is listed, that designation overrides your current plan.

Related Statutes

§ 14-7401Arizona Trust Principal and Income Act: Key Definitions
§ 14-7402Fiduciary Duties When Allocating Trust Income and Principal
§ 14-7403Trustee's Power to Adjust Between Principal and Income
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