Skip to main content
Skip to explanation
A.R.S. § 14-7426

Trust Expenses Paid From Principal

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

Arizona law identifies specific trust expenses that come from principal. These include half of the trustee's regular compensation, fees for accepting or distributing the trust, and debt payments. Estate taxes and environmental remediation costs also come from principal.

Title 14, TRUST ADMINISTRATION

azleg.gov

The Principal Side of Trust Expenses

While section 14-7425 covers what comes from income, this statute addresses the other side of the ledger. Principal bears the costs that relate to preserving, distributing, or winding down the trust's capital, rather than maintaining ongoing income.

A trustee shall make the following disbursements from principal: 1. The remaining one-half of the disbursements described in section 14-7425, paragraphs 1 and 2. 2. All of the trustee's compensation calculated on principal as a fee for acceptance, distribution or termination and disbursements made to prepare property for sale.

A.R.S. § 14-7426(A)(1)-(2)

The remaining half of trustee compensation and shared proceeding costs comes from principal. This completes the fifty-fifty split. Principal also pays for one-time fees related to accepting the trusteeship, making distributions, and winding down the trust. Costs to prepare property for sale also come from principal because they benefit the remainder interest.

Debt, Taxes, and Environmental Costs

Payments on trust debt principal come from principal. So do expenses for proceedings that primarily concern principal. This includes a lawsuit to interpret the trust or protect trust property.

Estate, inheritance, and transfer taxes, including penalties, are charged to principal. These taxes apply when property changes hands at death or through other transfers, and they reduce the overall estate rather than current income.

The statute also addresses environmental costs. If trust property requires environmental remediation, the costs come from principal. This includes assessing contamination, cleaning it up, and monitoring remedial activities. Defending claims based on environmental matters is also covered. These expenses protect the long-term value of trust property.

When trust property is encumbered by an obligation that requires income to be paid directly to a creditor, the trustee transfers an equal amount from principal to income. This protects the income beneficiary from losing their share to debt service.

14-7426. Disbursements from principal A. A trustee shall make the following disbursements from principal: 1. The remaining one-half of the disbursements described in section 14-7425, paragraphs 1 and 2. 2. All of the trustee's compensation calculated on principal as a fee for acceptance, distribution or termination and disbursements made to prepare property for sale. 3. Payments on the principal of a trust debt. 4. Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property. 5. Premiums paid on a policy of insurance not described in section 14-7425, paragraph 4 of which the trust is the owner and beneficiary. 6. Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust. 7. Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties and defending claims based on environmental matters. B. If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.

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.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570