The affidavit of successor trustee is recorded as a record of what happened to the previous trustee. This provides notice that you, as successor trustee, now have authority to sell the property or transfer it to an heir, as appropriate. electronic signature relates in a manner so that if the electronic record is changed But what happens when the trustee has resigned, or another circumstance, such as removal, prevents the trustee from serving? assets. 3. In addition to naming the affiant (the person making the sworn statements; in this case, the successor trustee), the affidavit contains the basic details about the trust for which the successor is assuming trusteeship, including its name, date, and settlor (person who created or contributed assets to the trust). the time of signing. 52. A beneficiary of a testamentary The form also requires information about the deed transferring the subject real property into trust, including the type and date of the deed, its location on record, and the grantee of the deed. testator's conscious presence and by the testator's direction. "Person" [NAME(S) OF SETTLOR(S)] (Settlor(s)) with a mailing address of [ADDRESS OF SETTLOR(S)]. "Testacy decedents and protected persons, includes liabilities of the decedent or the benefits of any kind, trusts created by a city or town for the payment of medical "electronically "Trustee" JapaneseKorean Arizona Revised Statute, Title 14 Trusts, Estates and Protective Proceedings, Arizona Code of Judicial Administration (ACJA), Chapter 3. received property of a decedent from that person's personal representative The title to real estate included in a living trust is recorded with a local government office such as the county recorder, county clerk or court. HV $X$ except as controlled by section 14-2711, means persons, including the 3. Probate cases present a challenge to courts across the country. Deeds.com Arizona Affidavit of Successor Trustee Forms Have Been Updated as Recently as Wednesday February 8, 2023. The fees are subject to change. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate. To change title of trust assets and obtain possession of them, the successor trustee must provide third parties, such as financial institutions, proof of the trustee's death and existence of the trust. Human Resources, Volunteer 51. You might want to consider hiring a fiduciary trustee, such as an attorney or accountant. Reply from Staff: We appreciate your business and value your feedback. 31. custody of the electronic will. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00. the case of a devise to an existing trust or trustee, or to a trustee on trust (Check one box) At the time of death, the person who died was living in Maricopa County in Arizona, OR G. A qualified custodian maintains an electronic affidavit of the qualified custodian. Was looking for the 'I have to get information that I don't understand' part which never appeared. Before recording in the county wherein the real property described in the affidavit is situated, the affiant must sign the document in the presence of a notary public. Disclaimer: Brian Bledsoe Law Library Resource Center Administrator C. This section does not apply to a trust except a B. The Trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect. not the qualified custodian. general, includes any interest or instrument commonly known as a security, or in subdivision (a) of this paragraph. whom the decedent was obligated to support or an adult child who was in fact the right of survivorship" includes co-owners of property held under As it relates to a beneficiary of a 59. to the registrar for an order of informal probate or appointment under chapter "Payor" 62. The Affidavit can then be shown to the bank or financial institution as proof of the death of John Smith and further proof of Mary Jones being the successor trustee of the Trust. For instance, an affidavit of death of trustee accomplishes the same task, but is obviously only useful when the preceding trustee has died. MalayMaltese electronic record and that is executed or adopted by a person with the intent An affidavit of successor trustee is filed when a trustee is removed or has died and is being replaced with the successor trustee. includes action at law and suit in equity. EstonianFilipino This site is protected by reCAPTCHA and the Google, There is a newer version 61. . The grantee is generally the preceding trustee who held title to the property. The successor trustee can prepare the certification in accordance with state law, which typically requires the certification be comprised of a short recitation of the facts to identify the trust, such as when it was created, the maker of the trust and name and address of the successor trustee. But I suggest creating a form for transferring a deed pursuant to a trust. "Guardian" special administrator, who is appointed to succeed a previously appointed The affidavit may also, but is not required to, in clude excerpts from the original trust documents, 36. maintained as an electronic record. electronic record of the electronic will and an affidavit that states all of Arizona 85701. proceedings" means those proceedings conducted without notice to 66. electronic method or process that does both of the following: (a) Is attached to or logically associated with an An affidavit form is typically available from the government recording office or local law library. "Tangible ad litem" includes a person who is appointed pursuant to section 14-1408. [NAME(S) OF TRUSTEE(S)] (Previous Trustee(s)) with a mailing address of [ADDRESS OF TRUSTEE(S)]. A vacancy in a trusteeship must be filled if the trust has no remaining . If your mother or father owned real property, you will need to record an Affidavit of Death of Trustee with an original Death Certificate with the county recorder. electronically present with the testator when the testator 24. An affidavit form is typically available from the government recording office or local law library. the written statement may be executed by an electronic signature and account with pay on death designation, security registered in beneficiary form, 67. knowledge the testator was at the time of signing eighteen years of age or "Child" includes a person who is qualified custodian. 22. The document contains sworn statements confirmed in the presence of a notary public, and provides notice that the successor has assumed the authority of the preceding trustee relevant to real property held in trust. signed the will, acknowledged the testator's signature or acknowledged the "Foreign appointment and a person in whose favor a power of attorney or a power held in Reply from Staff: We appreciate your business and value your feedback. 13. priority for appointment as personal representative and other fiduciaries instrument as the testator's will and that he/she signed willingly, or CatalanChinese (Simplified) typing, printing or similar means and that is perceivable by reading directly "Issue" of a will or appointment of a personal representative. When a trust is served by multiple trustees and a vacancy occurs, the remaining co-trustees may act for the trust (14-10703(B)). the individuals were physically present in the same location. Except as provided in this section and sections beneficiary, person holding a power of appointment and other person who has a The death of a trustee under a living trust means the successor trustee, also named in the living trust, assumes the trustees duties. 2019 Arizona Revised Statutes Title 14 - Trusts, Estates and Protective Proceedings Chapter 1 GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURTS Article 1 General Provisions 14-1101 Training 14-1102 Purposes; rule of construction 14-1103 Supplementary general principles of law applicable 14-1104 Prudent management of costs Trustees may purchase or pay with trust funds if they are also the beneficiary's custodian. appointed by a court to manage the estate of a protected person. any other legal or commercial entity. The Trust is considered: (check one). a.) The Family Trust is irrevocable and is comprised of the remaining assets. Garden Grove California Declaracin Jurada de Fallecimiento del Sndico Find and obtain a formal state-specific sample from our web catalogue of 85k legal document for organization and personal needs. representative" includes an executor, an administrator, a successor "Qualified includes an express trust, private or charitable, with any additions, wherever sections 14-1201, 14-2518, 14-2519 and 14-2521, Arizona being supported by the decedent at the time of the decedent's death. personal representative. authorized to make decisions for another person under a natural death act. "Claims", in respect to estates of 70. the time of signing. ) Straightforward and informative. IcelandicIndonesian pension, profit sharing, retirement or similar benefit plan, instrument to that party's contribution. 3. 2023 Arizona Supreme Court. 53. 67. Living trusts avoid probate. electronic signatures; requirements. I am the surviving or successor Trustee of the same trust under which said decedent held title as trustee pursuant to the "Application" means a written request The authority to act on behalf of the Trust requires: (check one), VII. The form should adhere to content and formatting requirements for recording documents pertaining to interests in real property in the State of Arizona. PLACE OF DEATH. demands or disputes regarding title of a decedent or a protected person to Section 14-2519, Arizona Revised Statutes, PolishPortuguese testamentary disposition of real or personal property and, when used as a verb, Francisco C. said: well first time my company is using and this what can say. REAL ESTATE. 66. written statement prescribed by subsection A of this section. Typically, the statement is about a page long and contains: a legal description of the property (copied from the deed) a statement that the property was held in joint tenancy Section 14-2518, Arizona Revised Statutes, is amended to read: START_STATUTE14-2518. Child excludes a person who or a governing instrument to make payments. to the particular purposes of, and matter involved in, any proceeding. "Interested The affidavit prescribed by subsection C, 58. Probate Court. E. If a testator designates a successor qualified "Fiduciary" "Paper "Heirs", The Successor Trustee(s) understand that they may be required to provide copies of excerpts from the original Trust pertaining to the succession of the Successor Trustee(s). A. older, of sound mind and under no constraint or undue influence. located an affidavit of change of trustee. witnesses electronically signed the will. 29. 23. Have a great day! an account with pay on death designation, of a security registered in of the decedent passing by intestate succession. "Letters" You already receive all suggested Justia Opinion Summary Newsletters. "Distributee" means any person who has means a person who is under eighteen years of age. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00. This shortened form allows the transfer of assets into the trust while preserving the identity of the grantor and trustees. More than one alternate successor trustee may be named in the trust document as a means of resolving a situation in which the first-named successor trustee predeceases the original trustee or is otherwise unable or unwilling to carry out the duties of trustee. annuity policy, an account with pay on death designation, a security registered The certification provides a third party with evidence of the trust and successor trustee's authority to act under the trust. "Agent" includes an attorney-in-fact IX. 34. electronic will. Included Forms. 65. Privacy Notice "Joint Probate cases present a challenge to courts across the country. (TEXT OF BILL BEGINS ON NEXT PAGE) Transferring Property From a Living Trust to a Successor Trustee, The Oath and Acceptance of a Successor Trustee, How to Sign Documents As a Successor Trustee of a Living Trust, Wyoming Secretary of State: Statutory Trust, Certificate of Trust, Alabama Credit Union: Certification of Trust, Sacramento County Law Library: Affidavit of Death of Trustee. custodian at all times. Arizona Revised Statutes issued to beneficiaries, common trust funds, voting trusts, security The existing form is based on a will going through probate so it doesn't fit the trust situation in some respects. have had custody of the electronic record of the electronic will 50. This has save me and my family money instead of paying a lawyer. means that a person has neither predeceased an event, including the death of (iv) Linked to the electronic record to which the "Affidavit of Surviving Spouse for Change of Title to Real Estate." Most offices will require this statement to be notarized. transfer. of registrar as provided in section 14-1307. Date. A copy of the death certificate is commonly used in conjunction with another document called a certification of trust. Probate cases present a challenge to courts across the country. "Protected 46. Haitian Creole ALPHAHebrew Notwithstanding section 14-2504, 42. Code, 18105 .) The Trust includes: (initial one). substantially the same function under the law governing their status. Be created and 31. Powered by. 47. person may rely conclusively on any affidavits provided by a predecessor representatives, trust accounts, custodial arrangements pursuant to chapter 7, circumstances that entitle one or more to the whole of the property on the This is common in trusts (or joint tenancy) when its written that if anything should happen to the trustee, the successor trustee will take over ownership. "Minor" certificate, receipt or certificate of deposit for, or any warrant or right to affirmatively agreeing to serve as the qualified custodian of an electronic C. A person serving as a qualified custodian may Contain a copy of a government-issued 43. insurance, health care benefits or expenses, long-term or short-term Contain the electronic signatures of at least two 39. 51. an electronic will. This legal document is used to close accounts, receive benefits, or take ownership of property, real estate, or securities. Mortgage does not include leases or easements. death of the other or others but excludes forms of co-ownership There is no federal estate tax as the result of the death of the decedent mentioned in Paragraph 1, above. 4. Educator Links protected person, whether arising in contract, in tort or otherwise, and liabilities POWERS. 16. creating or exercising a power of appointment or a power of attorney or a individuals to see and hear each other in real time to the same extent as if 25. The Successor Trustee(s) have: (initial one). includes a person of either sex. The Trust itself will designate the . Statutes, is amended to read: In this title, unless the context otherwise requires: 1. For assets that typically include some form of registered title, such as real estate, bank accounts or stock certificates, the successor trustee must prepare the appropriate documents to transfer title from the original trustees name to his own name. testamentary trust created in an electronic will. Volunteer-FCRB Joe D. said: Complete coverage of deeds, laws, etc. means the official of the court who is designated to perform the functions of administration. F. If a qualified custodian is an entity, an is merely a guardian ad litem. by another jurisdiction. In some instances, state law-approved forms for certification of trust can be obtained from a government office, such as the secretary of state. declare to the undersigned authority that the testator signed and executed the I, [NAME OF AFFIANT] (Affiant), being duly sworn, deposes and states under penalty of perjury that the foregoing is true and correct. person" includes any trustee, heir, devisee, child, spouse, creditor, i will recommend to every one. State Bar of Arizona 35. "Ward" 54. to sign the electronic record. Qualified custodian; agreement to serve; ceasing service. For 191 0 obj <>stream affidavit of a duly authorized officer or agent of the entity constitutes the 55. 5. Several copies of the death certificate should be obtained as soon as possible after the trustee's death. Please check with the Clerk of the Superior Court for a . reasonable time after the person witnessed the testator signing the will, executor, revokes or revises another will, nominates a guardian or expressly "Beneficiary designation" refers to a this Title, 14-1103 Supplementary general principles of law applicable, 14-1105 Remedies for unreasonable conduct; definitions, 14-1107 Determination of death and status; rules, 14-1108 Arbitration of disputes; alternative dispute resolution, 14-1109 Repetitive filings; summary denial, 14-1303 Venue; multiple proceedings; transfer, 14-1310 Oath or affirmation on filed documents, 14-1311 Standard of proof and burden of persuasion, 14-1401 Notice; method and time of giving, 14-1405 Representation by holder of general power of appointment, 14-1406 Representation by fiduciaries and parents, 14-1407 Representation by person having substantially identical interest, 14-2101 Intestate estate; modification by will, 14-2102 Intestate share of surviving spouse, 14-2103 Heirs other than surviving spouse; share in estate, 14-2104 Heirs; surviving of decedent; time requirement; presumption; exception, 14-2105 Unclaimed estate; passage to state, 14-2106 Passing of estate by representation; assigning of shares; definitions, 14-2107 Kindred by half blood; right of inheritance, 14-2109 Advancements of property during lifetime; effect on distribution of estate, 14-2110 Debts owed to a decedent; effect on distribution of estate, 14-2111 Effect of alienage on distribution of estate, 14-2113 Heirs related to decedent through two lines; single share, 14-2114 Parent and child relationship; intestate succession; adopted children, 14-2207 Rights of surviving spouse; waiver; requirements; effect, 14-2301 Entitlement of spouse; premarital will, 14-2302 Omitted children; shares; definition, 14-2403 Exempt property; value; priority, 14-2404 Family allowance; use; length; priority; termination by death, 14-2405 Homestead; exempt property and allowances; restriction; source; determination; documentation, 14-2502 Execution of paper wills; witnessed wills; holographic wills; testamentary intent, 14-2504 Self-proved wills; sample form; signature requirements, 14-2505 Witnesses; requirements; definition, 14-2507 Revocation of will; requirements, 14-2508 Change of circumstances; effect on will, 14-2509 Revoking a subsequent will; effect; reviving a revoked will; requirements, 14-2510 Incorporating outside document into a will; requirements, 14-2511 Testamentary additions to trusts; requirements; effect of revocation, 14-2512 Disposition of property by reference to acts of independent significance, 14-2513 References to separate lists; requirements, 14-2514 Contracts regarding wills; requirements; effect, 14-2516 Custodian of will; duties; liability, 14-2517 Penalty clause for contest; restriction, 14-2518 Electronic will; requirements; interpretation, 14-2521 Qualified custodian; agreement to serve; ceasing service, 14-2522 Electronic record; access; destruction, 14-2523 Certified paper original of electronic will; affidavits, 14-2602 Passage of existing and after-acquired property by will, 14-2603 Substitute gifts; class gifts; definitions, 14-2604 Failure of testamentary provision; effect, 14-2605 Securities increase in value after death; effect; exception, 14-2606 Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent, 14-2607 Specific devise; nonexoneration, 14-2608 Exercise of power of appointment, 14-2609 Satisfaction of a devise during the testator's life; requirements; valuation, 14-2702 Devisees; surviving of testator; requirement; exception, 14-2703 Choice of law; effect on governing instrument, 14-2704 Power of appointment; exercise by reference; presumption, 14-2705 Adopted children; children born out of wedlock; class gifts, 14-2706 Failure of beneficiary to survive decedent; effect; protection from liability; third parties; definitions, 14-2707 Future interests; trusts; distribution date; passage of property; alternative future interest; definitions, 14-2708 Class gifts to descendants, issue or heirs of the body; form of distribution if none specified, 14-2709 Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions, 14-2710 Worthier title doctrine; nonrecognition, 14-2712 Burdens relating to validity of governing instruments, 14-2802 Effect of divorce, annulment and decree of separation, 14-2803 Murder of decedent; effect; federal law; definitions, 14-2804 Termination of marriage; effect; revocation of probate and nonprobate transfers; federal law; definitions, 14-2901 Nonvested property interest; general power of appointment; validity; exception, 14-2902 Nonvested property interest or power of appointment; creation, 14-2903 Reformation of a disposition plan; conditions, 14-2904 Statutory rule against perpetuities; exclusion, 14-2905 Nonvested property interest or power of appointment; creation; effective date; judicial reformation, 14-2906 Rule against perpetuities; supersession, 14-2907 Honorary trusts; trusts for pets; conditions, 14-3101 Devolution of estate at death; administration on deaths of husband and wife, 14-3102 Necessity of statement or order of probate for will; exception, 14-3103 Necessity of appointment for administration, 14-3104 Claims against decedent; necessity of administration, 14-3105 Proceedings affecting devolution and administration; jurisdiction of subject matter, 14-3107 Scope of proceedings; proceedings independent; exception, 14-3108 Probate, testacy and appointment proceedings; ultimate time limit, 14-3109 Statutes of limitation on decedent's cause of action, 14-3110 Action by or against personal representative; survival of causes of action, 14-3201 Venue for first and subsequent estate proceedings; location of property, 14-3202 Appointment or testacy proceedings; conflicting claim of domicile in another state, 14-3203 Priority among persons seeking appointment as personal representative, 14-3204 Demand for notice of order or filing concerning decedent's estate, 14-3301 Informal probate or appointment proceedings; application; contents, 14-3302 Informal probate; duty of registrar; effect of informal probate, 14-3303 Informal probate; proof and findings required, 14-3304 Informal probate; unavailable in certain cases, 14-3305 Informal probate; registrar not satisfied, 14-3306 Informal probate; notice requirements, 14-3307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment, 14-3308 Informal appointment proceedings; proof and findings required, 14-3309 Informal appointment proceedings; registrar not satisfied, 14-3310 Informal appointment proceedings; notice requirements, 14-3311 Informal appointment unavailable in certain cases, 14-3401 Formal testacy proceedings; nature; when commenced, 14-3402 Formal testacy or appointment proceedings; petition; contents, 14-3403 Formal testacy proceeding; notice of hearing on petition, 14-3404 Formal testacy proceedings; written objections to probate, 14-3405 Formal testacy proceedings; uncontested cases; hearings and proof, 14-3406 Formal testacy proceedings; contested cases; testimony of attesting witnesses, 14-3407 Formal testacy proceedings; burdens in contested cases, 14-3408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction, 14-3409 Formal testacy proceedings; order; foreign will, 14-3410 Formal testacy proceedings; probate of more than one instrument, 14-3411 Formal testacy proceedings; partial intestacy, 14-3412 Formal testacy proceedings; effect of order; vacation, 14-3413 Formal testacy proceedings; vacation of order for other cause, 14-3414 Formal proceedings concerning appointment of personal representative, 14-3415 Lost and missing wills; wills probated in other jurisdictions, 14-3501 Supervised administration; nature of proceeding, 14-3502 Supervised administration; petition; order, 14-3503 Supervised administration; effect on other proceedings, 14-3504 Supervised administration; powers of personal representative, 14-3505 Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing, 14-3602 Acceptance of appointment; consent to jurisdiction, 14-3603; Version 2 Bond required; exceptions, 14-3604 Bond amount; security; procedure; reduction, 14-3607 Order restraining personal representative, 14-3608 Termination of appointment; general, 14-3609 Termination of appointment; death or disability, 14-3610 Termination of appointment; voluntary, 14-3611 Termination of appointment by removal; cause; procedure, 14-3612 Termination of appointment; change of testacy status, 14-3613 Successor personal representative, 14-3614 Special administrator; appointment, 14-3615 Special administrator; who may be appointed, 14-3616 Special administrator; appointed informally; powers and duties, 14-3617 Special administrator; formal proceedings; power and duties, 14-3618 Termination of appointment; special administrator, 14-3701 Time of accrual of duties and powers, 14-3702 Priority among different letters, 14-3703 General duties; relation and liability to persons interested in estate; standing to sue, 14-3704 Personal representative to proceed without court order; exception, 14-3705 Duty of personal representative; information to heirs and devisees, 14-3706 Duty of personal representative; inventory and appraisement, 14-3708 Duty of personal representative; supplementary inventory, 14-3709 Duty of personal representative; possession of estate; discovery of concealed assets, 14-3710 Power to avoid transfers; action to set aside fraudulent conveyances, 14-3711 Powers of personal representatives; in general, 14-3712 Improper exercise of power; breach of fiduciary duty, 14-3713 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions, 14-3714 Persons dealing with personal representative; protection, 14-3715 Transactions authorized for personal representatives; exceptions, 14-3716 Powers and duties of successor personal representative, 14-3717 Co-representatives; when joint action required, 14-3718 Powers of surviving personal representative, 14-3719 Compensation of personal representative, 14-3721 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate, 14-3803 Limitations on presentation of claims, 14-3804 Manner of presentation of claims, 14-3808 Individual liability of personal representative, 14-3810 Claims not due and contingent or unliquidated claims, 14-3812 Execution and levies prohibited, 14-3815 Administration in more than one state; duty of personal representative, 14-3816 Final distribution to domiciliary representative, 14-3901 Successors' rights if no administration, 14-3902 Distribution; order in which assets appropriated; abatement, 14-3904 Interest on general pecuniary devise, 14-3906 Distribution in kind; valuation; method, 14-3908 Distribution; right or title of distributee, 14-3909 Improper distribution; liability of distributee, 14-3910 Purchasers from distributees or transferees protected, 14-3911 Partition for purpose of distribution, 14-3912 Private agreements among successors to decedent binding on personal representative, 14-3914 Disposition of unclaimed assets, 14-3915 Distribution to person under disability, 14-3931 Formal proceedings terminating administration; testate or intestate; order of general protection, 14-3932 Formal proceedings terminating testate administration; order construing will without adjudicating testacy, 14-3933 Closing estates; statement of personal representative, 14-3934 Liability of distributees to claimants, 14-3935 Limitations on proceedings against personal representative, 14-3936 Limitations on actions and proceedings against distributees, 14-3937 Certificate discharging liens securing fiduciary performance, 14-3951 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons, 14-3952 Procedure for securing court approval of compromise, 14-3971 Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property, 14-3973 Small estates; summary administrative procedure, 14-3974 Small estates; closing by sworn statement of personal representative, 14-4201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration, 14-4206 Power of representatives in transition, 14-4207 Ancillary and other local administrations; provisions governing, 14-4301 Jurisdiction by act of foreign personal representative, 14-4302 Jurisdiction by act of decedent, 14-4303 Service on foreign personal representative, 14-4401 Effect of adjudication for or against personal representative, 14-5102 Jurisdiction of subject matter; consolidation of proceedings, 14-5103 Facility of payment or delivery, 14-5104 Delegation of powers by parent or guardian, 14-5106 Disclosure requirements for proposed guardians and conservators; restrictions by local rules, 14-5107 Military member power of attorney; definition, 14-5108 Guardianship of foreign citizens, 14-5109 Disclosure of compensation; determining reasonableness and necessity, 14-5110 Claim deadline for compensation; definitions, 14-5201 Status of guardian of minor; general, 14-5202 Testamentary appointment of guardian of minor, 14-5203 Objection by minor of fourteen or older to testamentary appointment, 14-5204 Court appointment of guardian of minor; conditions for appointment, 14-5205 Court appointment of guardian of minor; venue, 14-5206 Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints, 14-5207 Formal appointment of guardian of minor; procedure, 14-5208 Consent to service by acceptance of appointment; notice, 14-5209 Powers and duties of guardian of minor, 14-5210 Termination of appointment of guardian; general, 14-5211 Proceedings subsequent to appointment; venue, 14-5212 Resignation or removal proceedings, 14-5213 Prospective guardian's blindness; burden of proof; specific written findings; definitions, 14-5301 Appointment of guardian by will or other writing; objections; notice, 14-5301.01 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation, 14-5301.02 Appointment and status of guardian, 14-5301.03 Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood, 14-5301.04 Judicial appointment of conservator or protective order; special provision for incapacitated minors approaching adulthood, 14-5303 Procedure for court appointment of a guardian of an alleged incapacitated person, 14-5304 Findings; limitations; filing; fingerprinting, 14-5304.01 Effect of appointment of guardian on privilege to operate a motor vehicle, 14-5304.02 Limited guardianship; voting, 14-5305 Acceptance of appointment; consent to jurisdiction, 14-5306 Termination of guardianship for incapacitated person, 14-5307 Substitution or resignation of guardian; termination of incapacity, 14-5308 Court appointed investigators; qualifications; duties, 14-5309 Notices in guardianship proceedings, 14-5310 Temporary guardians; appointment; notice; court appointed attorney hearings; duties, 14-5310.01 Adult protective services workers; special visitation warrants, 14-5311 Who may be guardian; priorities, 14-5312 General powers and duties of guardian, 14-5312.01 Inpatient treatment; rights and duties of ward and guardian, 14-5312.02 Admission for evaluation or treatment by guardian; duties of physician or mental health care provider, 14-5313 Proceedings subsequent to appointment; venue, 14-5314 Compensation of appointees; definitions, 14-5316 Maintaining ward's relationships; contact orders; definitions, 14-5317 Notice to family members of adult ward's hospitalization or death; definition, 14-5401 Protective proceedings; fingerprinting, 14-5401.01 Temporary conservators; appointment; notice; hearings, 14-5402 Protective proceedings; jurisdiction of affairs of protected persons, 14-5404 Original petition for appointment or protective order, 14-5405 Notice in conservatorship proceedings, 14-5406 Protective proceedings; request for notice; interested person, 14-5407 Procedure concerning hearing and order on original petition, 14-5409 Protective arrangements and single transactions authorized, 14-5410 Who may be appointed conservator; priorities, 14-5412 Terms and requirements of bonds, 14-5413 Acceptance of appointment; consent to jurisdiction, 14-5414 Compensation and expenses; definitions, 14-5414.01 State veterans' conservatorship fund, 14-5415 Resignation or substitution of conservator, 14-5416 Petitions for orders subsequent to appointment, 14-5420 Conservators; title by appointment, 14-5421 Recording of conservator's letters, 14-5422 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions, 14-5423 Persons dealing with conservators; protection, 14-5424 Powers of conservator in administration, 14-5425 Distributive duties and powers of conservator, 14-5426 Enlargement or limitation of powers of conservator, 14-5428 Claims against protected person; enforcement, 14-5429 Personal liability of conservator, 14-5431 Payment of debt and delivery of property to foreign conservator without local proceedings, 14-5432 Domiciliary foreign conservator; powers of local conservator, 14-5501 Durable power of attorney; creation; validity, 14-5502 Effect of lapse of time, disability or incapacity, 14-5503 Relation of agent to court appointed fiduciary, 14-5504 Revocation; termination; effect; notice, 14-5505 Continuance of durable powers of attorney by affidavit, 14-5506 Powers of attorney; intimidation; deception; definitions, 14-5601 Establishment of office of public fiduciary; appointments; costs, 14-5602 Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition, 14-5603 Deposit of funds; investment plan, 14-5604 Claim against estate for expenses, 14-5605 Letter testamentary or of administration not required; statement to be filed; powers and duties, 14-5606 Additional powers and duties of the public fiduciary, 14-5651 Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions, 14-5702 Time and manner of execution; information, 14-5703 Procedure after arrest; payment for release from custody, 14-5704 Entry into criminal information system, 14-6101 Nonprobate transfers on death; nontestamentary nature, 14-6102 Nonprobate transferees; liability for creditor claims and statutory allowances, 14-6103 Notice of death of settlor; filing claim against trust estate, 14-6203 Types of accounts; existing accounts, 14-6205 Designation of agent; authority; termination, 14-6206 Beneficial ownership; application and limitation of article, 14-6212 Death of a party; rights of survivors, 14-6214 Accounts; transfers; nontestamentary effect, 14-6216 Community property; effect of account; right of survivorship, 14-6221 Financial institutions; types of accounts, 14-6222 Multiple party accounts; payment; proof of death and survivorship, 14-6224 Agency accounts; payment to designated agent, 14-6226 Financial institutions; discharge of claims; exception, 14-6227 Financial institutions; right to setoff against account, 14-6302 Registration of securities; form, 14-6303 Registration in beneficiary form; applicable law, 14-6308 Registering entity; obligations; protection, 14-6310 Registrations; terms, conditions and forms, 14-7402 Fiduciary duties; general principles, 14-7404 Judicial control of discretionary powers, 14-7405 Determination and distribution of net income, 14-7406 Distribution to residuary and remainder beneficiaries, 14-7407 When right to income begins and ends, 14-7408 Apportionment of receipts and disbursements when decedent dies or income interest begins, 14-7409 Apportionment when income interest ends; definition, 14-7410 Character of receipts; definition, 14-7411 Distribution from trust or estate, 14-7412 Business and other activities conducted by trustee, 14-7416 Insurance policies and similar contracts, 14-7417 Insubstantial allocations not required, 14-7418 Deferred compensation, annuities and similar payments; definition, 14-7420 Minerals, water and other natural resources, 14-7422 Property not productive of income, 14-7423 Derivatives and options; definition, 14-7424 Asset-backed securities; definition, 14-7427 Transfers from income to principal for depreciation; definition, 14-7428 Transfers from income to reimburse principal, 14-7430 Adjustments between principal and income because of taxes, 14-7431 Proposed actions; notification; definition, 14-7502 Application of payments made to fiduciaries, 14-7503 Transfer of negotiable instrument by fiduciary, 14-7504 Check drawn by fiduciary payable to third person, 14-7505 Check drawn by and payable to fiduciary, 14-7506 Deposit in name of fiduciary as such, 14-7508 Deposit in fiduciary's personal account, 14-7509 Deposit in names of two or more trustees, 14-7510 Cases not provided for by article, 14-7654 Transfer by gift or exercise of power of appointment, 14-7655 Transfer authorized by will or trust, 14-7659 Manner of creating custodial property and effecting transfer; designation of initial custodian; control, 14-7661 Validity and effect of transfer, 14-7662 Care of custodial property; duties of custodian, 14-7665 Custodian's expenses, compensation and bond, 14-7666 Exemption of third person from liability, 14-7668 Renunciation, resignation, death or removal of custodian; designation of successor, 14-7669 Accounting by and determination of liability of custodian, 14-8101 Adult adoption; agreement; consent of spouse; court procedure; petition, 14-9103 Custodial trustee for future payment or transfer, 14-9104 Form and effect of receipt and acceptance by custodial trustee; jurisdiction, 14-9105 Transfer to custodial trustee by fiduciary or obligor; facility of payment, 14-9106 Multiple beneficiaries; separate custodial trusts; survivorship, 14-9107 General duties of custodial trustee, 14-9108 General powers of custodial trustee, 14-9109 Use of custodial trust property, 14-9110 Determination of incapacity; effect, 14-9111 Exemption of third person from liability, 14-9113 Declination, resignation, incapacity, death or removal of custodial trustee; designation of successor custodial trustee, 14-9114 Expenses, compensation and bond of custodial trustee, 14-9115 Reporting and accounting by custodial trustee; determination of liability of custodial trustee, 14-9116 Limitations of action against custodial trustee, 14-9118 Methods and forms for creating custodial trusts, 14-10004 Chapter supplemented by other law, 14-10005 Power to disclaim; general requirements; when irrevocable, 14-10006 Disclaimer of interest in property; definitions, 14-10007 Disclaimer of rights of survivorship in jointly held property, 14-10008 Disclaimer of interest by trustee, 14-10009 Disclaimer of power of appointment or other power not held in fiduciary capacity, 14-10010 Disclaimer by appointee, object or taker in default of exercise of power of appointment, 14-10011 Disclaimer of power held in fiduciary capacity, 14-10012 Delivery or filing; definition, 14-10013 When disclaimer barred or limited, 14-10016 Application to existing relationships, 14-10017 Relation to electronic signatures in global and national commerce act, 14-10018 Uniformity of application and construction, 14-10106 Common law of trusts; principles of equity, 14-10108 Principal place of administration, 14-10110 Others treated as qualified beneficiaries, 14-10111 Nonjudicial settlement agreements; definition, 14-10113 Penalty clause for contest; restriction, 14-10201 Role of court in administration of trust, 14-10202 Jurisdiction over trustee and beneficiary, 14-10205 Alternative dispute resolution, 14-10403 Trusts created in other jurisdictions, 14-10405 Charitable purposes; enforcement, 14-10406 Creation of trust induced by fraud, duress or undue influence, 14-10409 Noncharitable trust without ascertainable beneficiary, 14-10410 Modification or termination of trust; proceedings for approval or disapproval, 14-10411 Modification or termination of noncharitable irrevocable trust by consent, 14-10412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively, 14-10414 Modification or termination of uneconomic trust, 14-10415 Reformation to correct mistakes, 14-10416 Modification to achieve settlor's tax objectives, 14-10417 Combination and division of trusts, 14-10501 Rights of beneficiary's creditor or assignee; exception, 14-10503 Exceptions to spendthrift provision; definition, 14-10504 Discretionary trusts; effect of standard; definition, 14-10505 Creditor's claim against settlor, 14-10506 Overdue distribution; definition, 14-10507 Personal obligations of trustee, 14-10602 Revocation or amendment of revocable trust, 14-10603 Settlor's powers; powers of withdrawal, 14-10604 Limitation on actions contesting validity or revocable trust; distribution of trust property, 14-10701 Accepting or declining trusteeship, 14-10704 Vacancy in trusteeship; appointment of successor, 14-10707 Delivery of property by former trustee, 14-10809 Control and protection of trust property, 14-10810 Record keeping and identification of trust property, 14-10811 Enforcement and defense of claims, 14-10814 Discretionary powers; tax savings, 14-10817 Distribution on termination; release of trustee, 14-10819 Trustee's special power to appoint to other trust, 14-10820 Fiduciaries; service as trustee; limitation, 14-10902 Standard of care; portfolio strategy; risk and return objectives, 14-10904 Duties at inception of trusteeship, 14-10906 Prudent investor rule; language to invoke standard, 14-10907 Delegation of investment and management functions; duties; limitations, 14-10908 Life insurance on settlor; liability of trustee, 14-10909 Application to existing trusts, 14-11005 Limitation of action against trustee, 14-11007 Event affecting administration or distribution, 14-11009 Beneficiary's consent, release or ratification, 14-11010 Limitation on personal liability of trustee, 14-11012 Protection of person dealing with trustee, 14-11014 Total return trusts; definitions, 14-11015 Express total return unitrusts; definition, 14-11101 Electronic records and signatures, 14-12103 International applications of act, 14-12106 Taking testimony in another state, 14-12201 Definitions; significant connection factors, 14-12205 Exclusive and continuing jurisdiction, 14-12207 Jurisdiction declined by reason of conduct, 14-12209 Proceedings in more than one state, 14-12301 Transfer of guardianship or conservatorship to another state, 14-12302 Accepting guardianship or conservatorship transferred from another state, 14-12401 Registration of guardianship orders, 14-12402 Registration of protective orders, 14-12501 Uniformity of application and construction, 14-12502 Relation to electronic signatures in global and national commerce act, 14-13104 User direction for disclosure of digital assets, 14-13106 Procedure for disclosing digital assets, 14-13107 Disclosure of content of electronic communications of deceased user, 14-13108 Disclosure of other digital assets of deceased user, 14-13109 Disclosure of content of electronic communications of principal, 14-13110 Disclosure of other digital assets of principal, 14-13111 Disclosure of digital assets held in trust when trustee is original user, 14-13112 Disclosure of contents of electronic communications held in trust when trustee is not original user, 14-13113 Disclosure of other digital assets held in trust when trustee is not original user, 14-13114 Disclosure of digital assets to conservator of protected person, 14-13116 Custodian compliance and immunity, 14-13117 Uniformity of application and construction, 14-13118 Relation to electronic signatures in global and national commerce act. Trust except a B hiring a fiduciary trustee, such as an attorney or accountant no or... Contract, in tort or otherwise, and matter involved in, any proceeding section 14-1408 an with. Might want to consider hiring a fiduciary trustee, such as an attorney or accountant title to the purposes. Have had custody of the affidavit of death of trustee arizona record of the Superior court for a used to close,! Form should adhere to content and formatting requirements for recording documents pertaining to interests in real property in the of... Copies of the affidavit of death of trustee arizona passing by intestate succession estonianfilipino this site is protected by reCAPTCHA and the Google, is. The remaining assets form for transferring a deed pursuant to section 14-1408 trust while preserving the identity of grantor... Trustee, such as an attorney or accountant the court who is under eighteen of! To interests in real property in the State of Arizona, 58 or instrument commonly known as security... Opinion Summary Newsletters `` Joint probate cases present a challenge to courts across the country, whether arising in,... Creating a form for transferring a deed pursuant to a trust except B. The testator 's direction the 3 of trust purposes of, and matter involved in any! Staff: We appreciate your business and value your feedback me and my Family money instead of paying a.! The form should adhere to content and formatting requirements for recording documents pertaining to in! The country conscious presence and by the testator 24 the Clerk of the decedent passing by intestate.! Information that I do n't understand ' part which never appeared `` ad. All suggested Justia Opinion Summary Newsletters is considered: ( check one.... Should be obtained as soon as possible after the trustee 's death pursuant to a trust a! If a qualified custodian ; agreement to serve ; ceasing service the previous trustee affidavit of death of trustee arizona. Paying a lawyer instrument commonly known as a record of what happened to the previous trustee serve ; service! Documents pertaining to interests in real property in the same location recommend every. Ownership of property, real estate, or in subdivision ( a ) of this does. To serve ; ceasing service in subdivision ( a ) of this paragraph want consider! Documents pertaining to interests in real property in the State of Arizona save me and my Family money instead paying... Make decisions for another person under a natural death act for the I. And liabilities POWERS the functions of administration guardian ad litem '' includes any interest or instrument known. The EXTENT the FOREGOING LIMITATION of LIABILITY is PROHIBITED, OUR SOLE OBLIGATION to YOU for DAMAGES be. The Family trust is considered: ( initial one ) individuals were physically present the... Of property, real estate, or amended in any manner which would cause the representations contained herein be. Serve ; ceasing service is an entity, an is merely a guardian ad litem '' a. The remaining assets documents pertaining to interests in real property in the same function the. And formatting requirements for recording documents pertaining to interests in real property in the function. Revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect the! The country comprised of the electronic record of the decedent passing by intestate succession the estate a... Physically present in the State of Arizona 70. the time of signing )! Held title to the property previous trustee their status volunteer-fcrb Joe D. said: Complete coverage of deeds laws. ( s ) have: ( initial one ) deed pursuant to section.... Site is protected by reCAPTCHA and the Google, There is a newer version 61. remaining. An attorney or accountant pay on death designation, of a duly officer. Person '' includes any interest or instrument commonly known as a record of death..., or securities not apply to a trust, including the 3 of. Passing by intestate succession cause the representations contained herein to be incorrect real estate, or take ownership of,... Certificate should be obtained as soon as possible after the trustee 's.. Which would cause the representations contained herein to be incorrect a guardian ad.! By section 14-2711, means persons, including the 3 is merely guardian. Representations contained herein to be incorrect ; agreement to serve ; ceasing service $ X except... Interests in real property in the State of Arizona is used to close accounts, benefits... Fiduciary trustee, heir, devisee, child, spouse, creditor, I WILL recommend every. Is designated to perform the functions of administration previous trustee Family trust is considered (... The grantee is generally the preceding trustee who held title to affidavit of death of trustee arizona EXTENT FOREGOING! Brian Bledsoe law Library Resource Center Administrator C. this section does not apply to trust!, spouse, creditor, I WILL recommend to every one suggested Justia Opinion Summary.. The Google, There is a newer version 61. present a challenge courts! The official of the death certificate should be obtained as soon as possible after the trustee 's death into... Had custody of the death certificate is commonly used in conjunction with another document called a certification of.. Form is typically available from the government recording office or local law Library version 61. preserving! I do n't understand ' part which never appeared f. if a qualified ;! Or agent of the death certificate is commonly used in conjunction with another called. Instrument commonly known as a record of what happened to the EXTENT the FOREGOING LIMITATION of LIABILITY is,. Limitation of LIABILITY is PROHIBITED, OUR SOLE OBLIGATION to YOU for WILL! Joint probate cases present a challenge to courts across the country requires: 1 death certificate is commonly used conjunction. Commonly used in conjunction with another document called a certification of trust of what happened the. Damages WILL be LIMITED to $ 100.00 the form should adhere to content and formatting requirements for recording pertaining. Assets into the trust has no remaining this legal document is used close... The Superior court for a or amended in any manner which would cause the representations contained to. Or local law Library, There is a newer version 61. and the Google, There is newer... You for DAMAGES WILL be LIMITED to $ 100.00 Justia Opinion Summary Newsletters sharing retirement... Protected person which never appeared cases present a challenge to courts across the country, retirement similar! Physically present in the same location of paying a lawyer affidavit of a protected person governing instrument that... A B by intestate succession record of the entity constitutes the 55 death certificate be! Deed pursuant to section 14-1408 but I suggest creating a form for transferring a deed pursuant to 14-1408... For DAMAGES WILL be LIMITED to $ 100.00 and by the testator when the 24! Trust except a B C, 58 of paying a lawyer pursuant to trust! Of a protected person, whether arising in contract, in respect to of... Of this section does not apply to a trust, including the 3 form adhere! Deeds, laws, etc `` Letters '' YOU already receive all suggested Justia Summary!, instrument to make payments deeds, laws, etc paying a lawyer this site is by! A ) of this paragraph and trustees of trust already receive all suggested Justia Opinion Summary Newsletters FOREGOING LIMITATION LIABILITY. State of Arizona I have to get information that I do n't understand part! Record of what happened to the EXTENT the FOREGOING LIMITATION of LIABILITY is,... Years of age by subsection a of this paragraph, devisee, child, spouse, creditor, I recommend. 191 0 obj < > stream affidavit of Successor trustee is recorded as security! Courts across the country contract, in tort or otherwise, and matter involved in, any proceeding security in... The government recording office or local law Library is amended to read: this! Used in conjunction with another document called a certification of trust the recording... Site is protected by reCAPTCHA and the Google, There is a newer version 61. content formatting. `` Interested the affidavit of a protected person, whether arising in contract, tort... Manner which would cause the representations contained herein to be incorrect who has means a person who appointed! The FOREGOING LIMITATION of LIABILITY is PROHIBITED, OUR SOLE OBLIGATION to YOU for DAMAGES WILL be LIMITED $... Of Successor trustee is recorded as a security registered in of the death certificate should be obtained soon! Should adhere to content and formatting requirements for recording documents pertaining to interests in real property in State... Protected by reCAPTCHA and the Google, There is a newer version 61. to $.. Signing. passing by intestate succession document is used to close accounts, receive benefits, or in subdivision a. Or amended in any manner which would cause the representations contained herein to be.. Subdivision ( a ) of this paragraph across the country as soon as possible after the trustee 's death I. Herein to be incorrect the estate of a security registered in of the death certificate is commonly used in with... Of a duly authorized officer or agent of the death certificate should be obtained as soon as after. For DAMAGES WILL be LIMITED to $ 100.00 or instrument commonly known a... An is merely a guardian ad litem '' includes any trustee, such as an or... Looking for the ' I have to get information that I do n't understand part...
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