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A.R.S. § 14-7659

How to Create Custodial Property and Transfer Assets to a Minor

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

Arizona law provides specific steps for transferring property to a custodian on behalf of a minor under the Uniform Transfers to Minors Act. The method depends on the type of property being transferred, whether it is a security, bank account, insurance policy, real estate, or another asset.

Title 14, TRUST ADMINISTRATION

azleg.gov

Different Property Types, Different Transfer Methods

Not every asset gets transferred the same way under the UTMA. Arizona spells out seven categories, each with its own process. Securities must be registered or delivered in the custodian's name. Bank accounts require the funds to be credited to an account titled in the custodian's name. Insurance policies must be registered with the issuer or assigned in writing. Real estate must be recorded with the proper custodial designation.

Custodial property is created and a transfer is made if an interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act."

A.R.S. § 14-7659(A)(5)

Regardless of the asset type, the naming convention follows a consistent pattern. The account, title, or registration must include "as custodian for [name of minor] under the Arizona uniform transfers to minors act." That language is what makes the transfer legally effective.

The Transfer Instrument and Custodian Control

For certain types of property, Arizona provides a standard written instrument that satisfies the transfer requirements. The form identifies the transferor, the custodian, and the minor, along with a description of the property being transferred. Both the transferor and the custodian sign the document.

A transferor shall place the custodian in control of the custodial property as soon as practicable.

A.R.S. § 14-7659(C)

This requirement matters. A transfer is not fully complete until the custodian actually has control of the property. Delays can create confusion about who manages the asset and who bears responsibility for it. Completing the transfer promptly protects both the minor's interest and the custodian's ability to fulfill their obligations.

A. Custodial property is created and a transfer is made if: 1. An uncertificated security or a certificated security in registered form is either registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act" or delivered if in certificated form or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection B. 2. Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act". 3. The ownership of a life or endowment insurance policy or annuity contract is either registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act" or assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act". 4. An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act". 5. An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act". 6. A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act" or delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words, "as custodian for (name of minor) under the Arizona uniform transfers to minors act". 7. An interest in any property not described in paragraphs 1 through 6 is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection B. B. An instrument satisfies the requirements of subsection A, paragraphs 1 and 7 if it is in the following form: Transfer under the Arizona uniform transfers to minors act. I, (name of transferor or name and representative capacity if a fiduciary) hereby transfer to (name of custodian), as custodian for (name of minor) under the Arizona uniform transfers to minors act, the following: (insert a description of the custodial property sufficient to identify it). C. A transferor shall place the custodian in control of the custodial property as soon as practicable.
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.

Can I customize how each child receives their inheritance?

Yes. A trust lets you set scheduled payments at specific ages, milestone-based distributions, spendthrift protections from creditors, and professional oversight for each beneficiary.

How can I protect my grandchildren's inheritance if their parent dies?

Without a trust, a minor grandchild's inheritance is typically managed by their legal guardian, often the surviving parent. A trust lets you name who manages the money and how it is used.

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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