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A.R.S. § 33-228

Contingent Remainders Cannot Be Destroyed

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

Under Arizona law, a properly created contingent remainder survives even if the preceding estate ends early. It cannot be wiped out by the sale, transfer, or merger of the earlier estate. The future interest simply waits for its triggering condition to occur.

Title 33, ESTATES

azleg.gov

What Happens When the Earlier Estate Ends Too Soon

At common law, a contingent remainder could be destroyed if the preceding estate ended before the condition was met. Arizona rejects that old rule entirely.

If the earlier estate ends too soon, the contingent remainder is not lost. It takes effect once the triggering condition occurs. The law treats it as if the earlier estate had lasted the full time.

A remainder valid in its creation is not defeated by determination of the precedent estate before the contingency occurs upon which the remainder is limited to take effect. If the contingency occurs after determination of the precedent estate, the remainder shall take effect as if the precedent estate had continued to the time when the contingency occurs.

A.R.S. § 33-228(A)

This protection matters for families who create conditional property arrangements. If the life tenant dies early, for example, the contingent remainder is not accidentally destroyed. It stays in place, waiting for the specified condition.

Sales, Transfers, and Mergers Cannot Eliminate the Remainder

Arizona law also protects contingent remainders from being wiped out through transactions involving the earlier estate.

The alienation of a particular estate upon which a remainder depends, whether the alienation is by deed or will or by the union of such particular estate with the inheritance by purchase or by descent, shall not operate to defeat, impair or in any way affect such remainder.

A.R.S. § 33-228(B)

If someone holding a life estate sells, gives away, or transfers their interest, the contingent remainder survives. Even if the life estate merges with the larger ownership interest through inheritance or purchase, the future interest stays intact.

This gives the person who holds the remainder meaningful protection against interference by the life tenant or anyone else.

A. A remainder valid in its creation is not defeated by determination of the precedent estate before the contingency occurs upon which the remainder is limited to take effect. If the contingency occurs after determination of the precedent estate, the remainder shall take effect as if the precedent estate had continued to the time when the contingency occurs. B. The alienation of a particular estate upon which a remainder depends, whether the alienation is by deed or will or by the union of such particular estate with the inheritance by purchase or by descent, shall not operate to defeat, impair or in any way affect such remainder.

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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