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A.R.S. § 14-7428

How a Trustee Reimburses Principal from Trust Income

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

When a trust pays an unusually large expense or makes a capital improvement from principal, Arizona law allows the trustee to shift an appropriate amount from income back to principal. This keeps the trust balanced so that one-time costs do not permanently reduce the principal that benefits remainder beneficiaries.

Title 14, TRUST ADMINISTRATION

azleg.gov

When Income Can Replenish Principal

Trust accounting draws a firm line between income and principal. Income goes to current beneficiaries. Principal is preserved for remainder beneficiaries. But some expenses blur the line. A major roof replacement, a capital improvement on rental property, or a large brokerage commission can drain principal even though the expense benefits income-producing assets. This statute gives the trustee a practical tool: the authority to transfer funds from income to reimburse principal or build a reserve for future costs.

If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

A.R.S. § 14-7428(A)

The key word is "appropriate." The trustee has discretion to decide how much to transfer and over how many accounting periods to spread it. That flexibility lets the trustee handle uneven costs without shocking income beneficiaries with a single large deduction.

What Types of Costs Qualify

Not every principal expense triggers this reimbursement authority. The statute lists specific categories: unusually large charges that would normally come from income (like extraordinary repairs), capital improvements to trust property, costs to prepare property for rental (including tenant allowances and broker commissions), and periodic payments on a secured obligation when depreciation transfers are not keeping pace. The trustee can only reimburse principal to the extent a third party has not already covered or is not expected to cover the cost.

Principal disbursements to which subsection A of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party.

A.R.S. § 14-7428(B)

This provision protects both sides of the trust. Income beneficiaries are not forced to cover costs that belong to principal, and remainder beneficiaries are not left absorbing costs that genuinely benefit the income stream.

14-7428. Transfers from income to reimburse principal A. If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements. B. Principal disbursements to which subsection A of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party: 1. An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs. 2. A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments. 3. Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements and brokers' commissions. 4. Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments. 5. Disbursements described in section 14-7426, subsection A, paragraph 7. C. If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection A of this section.
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.

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

§ 14-7429How Trust Income Taxes Are Allocated Between Principal and Income
§ 14-7430Tax-Related Adjustments Between Trust Principal and Income
§ 14-7401Arizona Trust Principal and Income Act: Key Definitions

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