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A.R.S. § 14-7421

How Timber Receipts Are Allocated in an Arizona Trust

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

When a trust owns timberland, Arizona law governs how the trustee divides receipts from timber sales between principal and income. The key distinction is whether the timber harvested exceeds the natural growth rate. Sustainable harvesting produces income; overcutting generates principal.

Title 14, TRUST ADMINISTRATION

azleg.gov

Sustainable Harvest vs. Overcutting

Timber is a renewable resource, and Arizona's allocation rules reflect that. The statute ties the principal-income split to a straightforward question: did the trust harvest more timber than grew back during the accounting period?

To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts to income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest.

A.R.S. § 14-7421(A)(1)

If the harvest stays within the growth rate, the net receipts go to income. This rewards sustainable management and ensures income beneficiaries benefit from the land's natural productivity. When harvesting exceeds the growth rate, or when standing timber is sold outright, those receipts go to principal because the trust's underlying asset has been reduced.

Leases, Contracts, and Advance Payments

Timberland leases and cutting contracts follow the same framework. The trustee determines how much timber was removed under the agreement and applies the growth-rate test. Receipts within the growth rate go to income; the excess goes to principal.

Advance payments, bonuses, and other lump-sum payments that cannot be matched to the growth-rate formula go to principal. The trustee must also deduct a reasonable amount for depletion and transfer it to principal, accounting for the long-term wear on the resource.

As with minerals and natural resources, trusts that owned timberland before this article took effect may continue using their prior allocation method. Trusts acquiring timberland after the effective date must follow these statutory rules.

14-7421. Timber A. To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts: 1. To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest. 2. To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber. 3. To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying paragraphs 1 and 2. 4. To principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to paragraph 1, 2 or 3. B. In determining net receipts to be allocated pursuant to subsection A, a trustee shall deduct and transfer to principal a reasonable amount for depletion. C. This article applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust. D. If a trust owns an interest in timberland on the effective date of this article, the trustee may allocate net receipts from the sale of timber and related products as provided in this article or in the manner used by the trustee before the effective date of this article. If the trust acquires an interest in timberland after the effective date of this article, the trustee shall allocate net receipts from the sale of timber and related products as provided in this article.
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 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.

What is a Revocable Living Trust and how does it work?

A Revocable Living Trust lets you transfer asset ownership into a trust you control during your lifetime. When you pass, a successor trustee distributes assets to beneficiaries without probate.

How do I choose the right trustee for my estate?

Choose a trustee based on competence, not convenience. Avoid naming all children as co-trustees, which creates gridlock. Pick your most capable child as primary and name a backup.

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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