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A.R.S. § 14-9106

Custodial Trust: Multiple Beneficiaries

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

When a custodial trust names more than one beneficiary, the law treats each person's interest as a separate trust with equal shares. Married couples get automatic survivorship rights. Everyone else needs specific language in the trust to create survivorship.

Title 14, UNIFORM CUSTODIAL TRUST ACT

azleg.gov

Separate Trusts by Default

A custodial trust for multiple people does not pool everything into a single pot. The law treats each person's interest as a separate trust with equal shares. This keeps accounting clean and prevents one person's needs from consuming another's share.

Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary.

A.R.S. § 14-9106(A)

The trustee must account separately to each person for their portion. This means clear records showing what belongs to whom, how it was invested, and what was paid out.

Survivorship Is Not Automatic

For married couples, survivorship is presumed. If one spouse passes away, the other receives the deceased spouse's share.

For everyone else, a survivorship right exists only if the trust document says so. Community or marital property law may also require it.

This matters for siblings, parent-child pairs, or unmarried partners named as co-beneficiaries. Without clear survivorship language, a deceased person's share passes through their own estate. It does not go to the surviving co-beneficiary.

On the management side, if the same trustee holds property for the same person under multiple transfers, those can be combined into one trust. This makes things simpler when assets arrive at different times.

Each person named gets the same share by default. If you want a different split or survivorship rights for non-spouses, the trust document needs to say so clearly.

A. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property. B. Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust. C. A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to sections 14-9107 and 14-9115 for the administration of the custodial trust.

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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