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A.R.S. § 14-7416

Insurance Proceeds Allocation in Trusts

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

When a trust receives insurance proceeds, the trustee must follow specific allocation rules. Life insurance payouts go to principal. Insurance covering lost income or occupancy goes to income. Dividends on insurance policies follow the source of premium payments.

Title 14, TRUST ADMINISTRATION

azleg.gov

Principal vs. Income: Where Insurance Money Lands

In arizona estate planning, trust accounting draws a clear line between principal and income. Principal holds the core assets. Income is what those assets produce. When an insurance policy pays out to a trust, the trustee must follow a specific allocation under the statute.

A trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of or loss of title to a trust asset.

A.R.S. § 14-7416(A)

Under subsection A, life insurance proceeds, property damage payouts, and title insurance recoveries all go to principal. These payments replace or protect the underlying assets of the trust. They do not generate ongoing income.

Dividends on insurance policies follow a simple rule. If premiums were paid from income, the dividends go to income. If premiums came from principal, the dividends go to principal.

When Insurance Proceeds Count as Income

Not every insurance payment lands in principal. If the policy covers lost occupancy, lost income, or lost business profits for an income beneficiary, those proceeds go to income instead.

A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income or, subject to section 14-7412, loss of profits from a business.

A.R.S. § 14-7416(B)

This distinction matters for beneficiaries who depend on the trust for regular distributions. If a rental property held in trust burns down, the property insurance payout goes to principal. However, any loss-of-rent coverage goes to income. This keeps the income beneficiary's cash flow intact while the property is rebuilt.

14-7416. Insurance policies and similar contracts A. Except as otherwise provided in subsection B of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal. B. A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income or, subject to section 14-7412, loss of profits from a business. C. This section does not apply to a contract to which section 14-7418 applies.

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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