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A.R.S. § 14-7659

Creating Custodial Property and Transferring Assets to a Minor

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

Arizona law sets out specific steps for transferring property to a custodian for the benefit of the minor under the Uniform Transfers to Minors Act (UTMA). The method depends on the type of property being transferred. This includes securities, bank accounts, insurance policies, real estate, and other assets.

Title 14, TRUST ADMINISTRATION

azleg.gov

Different Property Types, Different Transfer Methods

Not every asset gets transferred the same way under the Minors Act (UTMA). Arizona spells out seven categories, each with its own process. Securities must be registered or delivered in the custodian's name. Money must be credited to a custodial 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)

The naming convention follows a consistent pattern regardless of asset type. 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 for the minor beneficiary.

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. 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 complete until the custodian actually has control of the property. Delays can create confusion about who manages the asset. They can also raise questions about who bears responsibility for it. Completing the transfer promptly protects the minor's interest and helps the custodian fulfill their obligations.

How This Connects to Other Gifts to Minors

Many families compare UTMA custodial accounts with other tools like 529 plans. Both serve the benefit of the minor, but they work differently. Unlike 529 plans, a UTMA transfer can hold almost any type of asset. The income tax treatment also differs. Income earned in a custodial account may be taxed at the child's tax rate. If the custodian dies before the child reaches the age of majority, the custodial property does not disappear. It passes to a successor custodian under Arizona law.

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 mi...

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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