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A.R.S. § 14-7417

When Trustees Can Skip Small Allocations

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

Arizona law gives trustees a practical shortcut. If splitting a receipt between principal and income would make only a tiny difference, the trustee can skip the split. The entire amount goes into principal. The statute defines 'insubstantial' using two clear ten-percent tests.

Title 14, TRUST ADMINISTRATION

azleg.gov

The Ten-Percent Tests

The trust administration process can get detailed. As part of fiduciary duties, the trustee must follow the terms of the trust when dividing receipts. However, Arizona recognizes that not every dollar needs precise division between principal and income. When the allocation would barely move the needle, the trustee can simplify things.

If a trustee determines that an allocation between principal and income required by section 14-7418, 14-7419, 14-7420, 14-7421 or 14-7424 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in section 14-7403, subsection C applies to the allocation.

A.R.S. § 14-7417

An allocation is presumed insubstantial if either of two conditions is met. First, if the allocation would change net income for the accounting period by less than ten percent. Second, if the asset producing the receipt is worth less than ten percent of the total trust assets at the start of the period.

Practical Limits on This Shortcut

This power is not unlimited. The trustee cannot use it when conflicts of interest are present under the circumstances described in section 14-7403(C). A co-trustee can exercise this power in specific situations, and the power can be released for the reasons outlined in the statute.

This rule applies only to certain types of receipts. These include deferred compensation and annuity payments, liquidating assets, minerals and natural resources, and timber. It does not apply to every allocation a trustee makes. For routine income like interest and dividends, the standard rules still apply.

The practical effect is significant. For a large, diversified trust holding real estate or trust property, a small royalty check or a minor annuity payment can go straight to principal. This avoids the administrative cost of splitting a few dollars between two accounts.

For families, this means your trustee is acting in the best interest of the trust by focusing time and effort where it matters most. Trust administration in arizona does not require busywork over tiny amounts. The trustee can devote energy to decisions that truly affect beneficiaries.

This shortcut does not expose beneficiaries to undue influence or unfair treatment. The ten-percent tests create a clear, objective standard. If an allocation falls outside those limits, the trustee must follow the normal rules.

14-7417. Insubstantial allocations not required If a trustee determines that an allocation between principal and income required by section 14-7418, 14-7419, 14-7420, 14-7421 or 14-7424 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in section 14-7403, subsection C applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in section 14-7403, subsection D and may be released for the reasons and in the manner described in section 14-7403, subsection E. An allocation is presumed to be insubstantial if either: 1. The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than ten per cent. 2. The value of the asset producing the receipt for which the allocation would be made is less than ten per cent of the total value of the trust's assets at the beginning of the accounting period.

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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