Skip to main content
Skip to explanation
A.R.S. § 14-9115

Custodial Trustee Accounting Rules

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

A custodial trustee must give written statements about trust property upon accepting it, once a year, and when the trust ends. If the trustee does not report properly, the beneficiary or other interested parties can ask the court for a full accounting.

Title 14, UNIFORM CUSTODIAL TRUST ACT

azleg.gov

When Statements Are Required

Transparency is a core duty of any trustee. Custodial trustees are no exception. The trustee must give written statements about the trust property at several key points.

On the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property: 1. Once each year. 2. On request at reasonable times by the beneficiary or the beneficiary's legal representative. 3. On resignation or removal of the custodial trustee. 4. On termination of the custodial trust.

A.R.S. § 14-9115(A)

The first statement describes what property the trust holds. After that, the trustee must give annual updates. The trustee must also respond to reasonable requests from the beneficiary.

When the trust ends or the trustee steps down, a final accounting is required. If the beneficiary's interest ends, the statement goes to the next person in line to receive the trust property.

Court-Ordered Accountability

If a trustee does not provide enough information, the beneficiary, family members, or any interested person can ask the court for a formal accounting. A successor trustee can also request an accounting from a predecessor.

When a court removes a trustee, an accounting is required. The court orders the trust property and records transferred to the successor.

The court can also review whether the trustee's actions were proper. This means the court can check whether the pay the trustee claimed was reasonable.

This oversight protects beneficiaries who may not be able to monitor the trust on their own. If the trust document does not set specific reporting rules, this statute fills the gap with minimum standards.

These accounting rules apply no matter the size of the trust. Good record-keeping from the start makes annual reporting easier and helps avoid disputes.

A. On the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property: 1. Once each year. 2. On request at reasonable times by the beneficiary or the beneficiary's legal representative. 3. On resignation or removal of the custodial trustee. 4. On termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary's legal representative, if any. On termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered. B. A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative. C. A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee. D. In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts. E. If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property. F. On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.

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