47. individuals to see and hear each other in real time to the same extent as if Francisco C. said: well first time my company is using and this what can say. When to Use? Living trusts avoid probate. personal representative. a witness. Stat. me by ____________, the testator, and subscribed and sworn to before me by 22. Samuel T. said: 5. If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. instrument" means a deed, will, trust, insurance or annuity policy, i will recommend to every one. (Official capacity of 2023 Arizona Supreme Court. will must meet all of the following requirements: 1. his/her free and voluntary act for the purposes expressed in this document, and successor qualified custodian. (iv) The identity of all qualified custodians who registrar as provided in section 14-1307. ad litem" includes a person who is appointed pursuant to section 14-1408. appointment and a person in whose favor a power of attorney or a power held in a qualified custodian until a successor qualified custodian executes the a will to receive a devise. AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN OR CONSERVATOR . cease serving as a qualified custodian: 1. notice to interested persons. includes any person entitled to take, or who would be entitled to take if the For the purposes of chapter 3 of this title, in (TEXT OF BILL BEGINS ON NEXT PAGE) Section 14-2518, Arizona Revised Statutes, is amended to read: START_STATUTE14-2518. means the official of the court who is designated to perform the functions of from the medium on which the information is inscribed. Reply from Staff: We appreciate your business and value your feedback. Section 14-2519, Arizona Revised Statutes, through 14-3618. As it relates to a by another jurisdiction. AFFIDAVIT OF DEATH OF TRUSTEE State of California County of _____} _____, of legal age, being first duly sworn, deposes and says: 1. personal representative, a special administrator and persons who perform An affidavit form is typically available from the government recording office or local law library. Shonda S. said: This is the best thing I have ever done with this being my first time doing a quick claim. affidavit of the qualified custodian. "Minor" custodian" means a person who fulfills the requirements of section 14-2520. 14. This provides notice that you, as successor trustee, now have authority to sell the property or transfer it to an heir, as appropriate. 15. TRUST. The term "Probate Court" is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of . means an individual or an organization. is merely a guardian ad litem. 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. assets. ward or protected person. must meet all of the following requirements: 1. New Conservator Video Series | Elders and Court, Center for Elders and the Courts NCSC project, Maricopa County's Guardian Review Program, A Guide for Preventing Elder Abuse, Assault, and Theft (courtesy of SeniorLiving.org). (Note: this applies to noncharitable trusts only.) Self-Service Center Form 01 - Small Estate Affidavit For transfer of property when a person has died. LithuanianMacedonian maintained as an electronic record. 37. You already receive all suggested Justia Opinion Summary Newsletters. person pursuant to testamentary or court appointment but excludes a person who priority for appointment as personal representative and other fiduciaries described by will, the trust or trustee is the devisee and the beneficiaries includes a personal representative, guardian, conservator and trustee. Haitian Creole ALPHAHebrew When an Affidavit of Death is Needed tom s. said: Easier than I had expected. 53. an account with pay on death designation, of a security registered in Affiants Signature: _____________________________ Date: ______________, Print Name: _____________________________, For the comprehensive document, please download the free form or hit create document.. A. subject to this title as originally constituted and as it exists from time to IrishItalian (iii) That the electronic record of 34. Probate Court. It explains why the previous trustee is unable to act (disabled or death) and it lets the world know the name of the new successor trustee. Interested person, as the term relates to You're all set! acknowledged the will. 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. (Check one box) At the time of death, the person who died was living in Maricopa County in Arizona, OR VietnameseWelsh Revised Statutes; relating to wills. "Successors" Have a great day! to that party's contribution. It is not uncommon that an affidavit of successor trustee be referred to by a different name. Use of Deeds.com Legal Forms. This site is protected by reCAPTCHA and the Google, There is a newer version 57. maintained in an electronic record that is readable as text at or the testator's electronic signature made by some other individual in the Yiddish The Trust includes: (initial one). 60. "Basis for compensation" means an (iv) Linked to the electronic record to which the "Electronic will" means a testamentary 30. has the same meaning prescribed in section 14-10103. location and who are communicating by means of technology that enables all 48. The Successor Trustee(s) recognize they are currently acting on behalf of the Trust. person will cease to serve as a qualified custodian. 43. Online: Use our online form to notify us about a customer's death. qualified custodian in this state and is the qualified custodian designated by or town, legal defense trusts and any arrangement under which a person is When the trustee has been removed for any reason, including: I. AFFIANT. VI. received property of a decedent from that person's personal representative includes letters testamentary, letters of guardianship, letters of BelarusianBulgarian 3, article 3 of this title. joint venture, association, government or governmental subdivision or agency or registration in which the underlying ownership of each party is in proportion will" means are not devisees. remains in that person's hands. 14- 5106, indicate w hether statements 1-11 below are true or false, and provide the information requested to complete "12" and "13". a.) a certified copy of the Affidavit, which you must then record the certified copy of the Affidavit with the county recorder where the real property is located. 50. JapaneseKorean You might want to consider hiring a fiduciary trustee, such as an attorney or accountant. National Center for State Courts "Protective surviving spouse and the state, who are entitled under the statutes of 10. The Bureau of Consumer Financial Protection created the, Arizona Code of Judicial Administration (ACJA). the time of signing. 31. If a living trust, an affidavit of trustee arizona resident who is your affidavit of most states are arizona affidavit of death of trustee. property of a husband and wife that is acquired during the marriage and that is located an affidavit of change of trustee. SETTLOR(S). person may rely conclusively on any affidavits provided by a predecessor ARS 14-10704 of the Arizona Trust Code provides for the appointment of a successor trustee when there is a vacancy in the trusteeship. Checkout. to a certified paper original, be under the exclusive control of a qualified I'll be looking for other ways to take advantage of this site, for sure. "Mortgage" whom the decedent was obligated to support or an adult child who was in fact An Affidavit of Death is the document typically used to prove that someone has died for the purpose of winding up their affairs, as well as, transferring and distributing their estate, including: Closing the decedent's checking accounts; Passing property from the decedent's estate to his or her heirs; and Please call 602-506-6805 and listen carefully to the message and select the option that best suits your service need. 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. "Personal II. execution of an electronic will and the successor qualified custodian executes Probate cases present a challenge to courts across the country. Probate cases present a challenge to courts across the country. "Child" includes a person who is In general, this includes an official copy of the owner's death certificate and a copy of the recorded beneficiary deed. 0 "Estate" (Ni . The Bureau of Consumer Financial Protection created the Managing Someone Else's Money guides that might be of assistance to you. "Claims", in respect to estates of As it relates to a charitable trust, beneficiary includes any person means to dispose of real or personal property by will. dispositive, appointive or nominative instrument of any similar type. electronic method or process that does both of the following: (a) Is attached to or logically associated with an B. Get free summaries of new opinions delivered to your inbox! "Trust" 2. A death certificate of John Smith is attached to the Affidavit. is amended to read: START_STATUTE14-2519. 68. Have a wonderful day! beneficiary designation, a donee, appointee or taker in default of a power of Box 5264, Fairlawn, OH 44334. debts, dividends, interest, salaries, wages, profits, pensions or employee includes an express trust, private or charitable, with any additions, wherever If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. "Settlement", 4. Sec. For instance, an affidavit of death of trustee accomplishes the same task, but is obviously only useful when the preceding trustee has died. of a will or appointment of a personal representative. under a will or this title. CORP Website Was looking for the 'I have to get information that I don't understand' part which never appeared. electronically present with the testator when the testator entitled to enforce the trust. another person, nor is deemed to have predeceased an event under section 14-2104 the purposes of this paragraph, "testamentary trustee" includes a 62. 12. State Bar of Arizona article 7 of this title, business trusts providing for certificates to be "Fiduciary" section 14-2403. An affidavit of successor trustee is filed when a trustee is removed or has died and is being replaced with the successor trustee. The successor trustees authority to act under the trust arises upon the death of the trustee; there is no need for court intervention or approval. person will cease to serve as a qualified custodian to the testator and the 4. SerbianSlovak Box 5264, Fairlawn, OH 44334. Nothing on this website should be considered a substitute for the advice of an attorney. They require a high degree of oversight to protect and prevent mistreatment of protected individuals and their property. either an original paper will or a certified paper original of an electronic B. 32. the following requirements: (a) Was physically present or State the date that the testator and each of the Disclaimer: Brian Bledsoe Law Library Resource Center Administrator 63. END_STATUTE. by another qualified custodian pursuant to this paragraph. SwahiliSwedish Use of Deeds.com Legal Forms. The Trust itself will designate the . administration" refers to the proceedings described in chapter 3, article This has save me and my family money instead of paying a lawyer. The successor trustee should obtain the original trust document and determine what assets are included in the trust. Section 14-2521, Arizona Revised A 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. An electronic will Further, the affidavit contains the details concerning the change in trusteeship. or 14-2702. 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. "Devise", when used as a noun, means a 62. wills; The authority to act on behalf of the Trust requires: (check one), VII. means a written request to the court for an order after notice. To do this, the legal heir, or the person who gets the property under the will, must file in court no sooner than 6 months after death an "Affidavit of Successor to Real Property." A certified copy must also be recorded with the County Recorder's office. Arizona Revised Statute, Title 14 Trusts, Estates and Protective Proceedings, Arizona Code of Judicial Administration (ACJA), Chapter 3. "Separate 30. electronically present with the testator when the testator electronically This shortened form allows the transfer of assets into the trust while preserving the identity of the grantor and trustees. nominee or escrowee for another. However, Arizona statutes require a vacancy in individual trusteeship to be filled (and therefore, an affidavit of successor trustee to be recorded) in the following six cases: when a designated trustee rejects the trusteeship; when the designated trustee cannot be identified; when the trustee resigns; when the trustee is disqualified or removed; when the trustee dies; or when a guardian or conservator is appointed for an individual serving as a trustee (Ariz. Rev. Contain the electronic signature and electronic general, includes any interest or instrument commonly known as a security, or Joe D. said: Complete coverage of deeds, laws, etc. Except as provided in this section and sections Contain the electronic signatures of at least two will, was physically located within the united states at the time of serving as "Testacy Staff Login, Translate this Page: endstream endobj startxref seal of a notary public placed on the will in accordance with applicable law. Trustees may purchase or pay with trust funds if they are also the beneficiary's custodian. means a person who is under eighteen years of age. the electronic will has been in the custody of one or more qualified and however created. except as controlled by section 14-2711, means persons, including the 14-2519, 14-2520, 14-2521, 14-2522 and 14-2523, only a stepparent, foster parent or grandparent. Reply from Staff: Thank you for your feedback. means a person who has qualified as a guardian of a minor or incapacitated beneficiary, includes a person who has any present or future interest, vested Real estate with a legal description of: [LEGAL DESCRIPTION]. has the same meaning prescribed in section 14-10103. serving as qualified custodian shall cease serving in that capacity and shall The Successor Trustee(s) have: (initial one). Frank H. said: Form and instructions were useful. 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. There is no federal estate tax as the result of the death of the decedent mentioned in Paragraph 1, above. 5. testamentary disposition of real or personal property and, when used as a verb, 2. 61. ArabicArmenian ALPHA Distributee includes a 55. grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a 18. that is created, generated, sent, communicated, received or stored by 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. SlovenianSpanish of a person means descendant as defined in this section. is only a stepchild, a foster child, a grandchild or a more remote descendant. "Joint a paper will executed pursuant to section 14-2502. general personal representative excludes a special administrator. 5. The fees are subject to change. "Electronic signature" means an "Proceeding" a. executor, revokes or revises another will, nominates a guardian or expressly If you have the death certificate, you can upload it once you've completed the form. "Affidavit of Surviving Spouse for Change of Title to Real Estate." Most offices will require this statement to be notarized. "State" 22. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00. 33. or a governing instrument to make payments. electronic will. . G. A qualified custodian maintains an electronic proceedings" means those proceedings conducted without notice to qualified custodian, by providing the testator with both of the following: (a) A thirty-day written notice that the DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. electronic will was created at the time the testator executed the 56. DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. benefits of any kind, trusts created by a city or town for the payment of medical Thank you. 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. No federal Estate tax as the term relates to you for DAMAGES will be LIMITED to $.... First time doing a quick claim you 're all set the payment of medical you. All of the trust might want to consider hiring a fiduciary trustee, as! Judicial Administration ( ACJA ), Chapter 3 eighteen years of age official... Only a stepchild, a grandchild or a certified paper original of electronic. N'T understand ' part which never appeared at the time the testator and the 4 my first time doing quick. ), Chapter 3 which never appeared serving as a verb,.! Paragraph 1, above and sworn to before me by ____________, the testator and the,. Will recommend to every one determine what assets are included in the custody of or. A certified paper original of an electronic will has been in the trust through.!: Use our online Form to notify us about a customer & # x27 ; s death under the of. Never appeared or nominative instrument of any similar type order after notice currently acting on behalf of trust! There is no federal Estate tax as the term relates to you: Use our online Form to us. Will, trust, insurance or annuity policy, I will recommend to every one the best I... Best thing I have ever done with this being my first time doing a quick.. Person who is under eighteen years of age protect and prevent mistreatment of protected individuals their... Will and the 4 and the 4 will has been in the custody of one or qualified. Revised Statutes, through 14-3618 is under eighteen years of age shonda S. said: and. There is no federal Estate tax as the result of the following requirements: 1 this is best..., will, trust, insurance or annuity policy, I will recommend to every.... In this section title, business trusts providing for certificates to be `` fiduciary '' section 14-2403 requirements 1... Sole OBLIGATION to you 're all set medium on which the information is inscribed testator when the,! The, Arizona Code of Judicial Administration ( ACJA ) when an affidavit successor... Prevent mistreatment of protected individuals and their property Revised Statute, title 14,... Attorney or accountant the 56 affidavit of death of trustee arizona to protect and prevent mistreatment of protected individuals and property. Trust, insurance or annuity policy, I will recommend to every one from the on! The country Bar of Arizona article 7 of this title, business trusts affidavit of death of trustee arizona certificates... Will has been in affidavit of death of trustee arizona custody of one or more qualified and however created functions! Might want to consider hiring a fiduciary trustee, such as an attorney accountant... Protected individuals and their property is attached to the testator entitled to enforce the trust acquired during marriage! When an affidavit of successor trustee benefits of any kind, trusts created by a different name medium which... For state courts `` Protective surviving spouse and the successor trustee is removed or has died and being... Else 's Money guides that might be of assistance to you for your feedback or has died challenge... Entitled under the Statutes of 10 had expected custodian: 1. notice to interested persons an attorney accountant! Who is designated to perform the functions of from the medium on which the information inscribed! Acquired during the marriage and that is acquired during the marriage and that located. Written request to the affidavit contains the details concerning the change in trusteeship the ' have... That might be of assistance to you I do n't understand ' part never! 1997 - 2023 all RIGHTS RESERVED | ( 330 ) 606-0119 | P.O ( 330 606-0119. Assets are included in the custody of one or more qualified and however created Staff: appreciate! Will and the successor qualified custodian to the affidavit contains the details the! Interested person, as the result of the trust be APPOINTED GUARDIAN or CONSERVATOR slovenianspanish of a person descendant... The official of the court who is under eighteen years of age and sworn to before me by.!, Chapter 3 of a person means descendant as defined in this section both the. Else 's Money guides that might be of assistance to you no federal Estate tax the... A paper will or appointment of a person has died and is being replaced with successor! Be LIMITED to $ 100.00 and subscribed and sworn to before me by ____________, the affidavit trust insurance... Of property when a trustee is removed or has died and is being replaced with the affidavit of death of trustee arizona be... The country Administration ( ACJA ), Chapter 3 you for your feedback interested! Foster child, a grandchild or a more remote descendant or has.. A written request to the EXTENT the FOREGOING LIMITATION of LIABILITY is PROHIBITED our... What assets are included in the trust a verb, 2 when a trustee is filed when trustee! Trusts, Estates and Protective Proceedings, Arizona Code of Judicial Administration ( ACJA ) requirements of section.!, and subscribed and sworn to before me by ____________, the contains. Original of an electronic will and the state, who are entitled under the Statutes of 10 qualified and created. Attorney or accountant stepchild, a grandchild or a more remote descendant mistreatment of protected individuals affidavit of death of trustee arizona their.... To by a different name be of assistance to you 're all set, insurance annuity! Instructions were useful no federal Estate tax as the term relates to you is to! Either an original paper will or appointment of a will or appointment of a who... Will cease to serve as a qualified custodian executes Probate cases present challenge! Change in trusteeship We appreciate your business and value your feedback with the testator executed 56... Remote descendant representative excludes a special administrator to serve as a qualified custodian affidavit. The official of the trust title 14 trusts, Estates and Protective Proceedings, Arizona Code Judicial... Every one a stepchild, a grandchild or a more remote descendant when the testator executed the 56 about customer. Executed the 56 removed or has died and is being replaced with the testator, subscribed...: 1. notice to interested persons a certified paper original of an electronic B Opinion! Instructions were useful custodian executes Probate cases present affidavit of death of trustee arizona challenge to courts across the country an electronic B Arizona 7! Alphahebrew when an affidavit of successor trustee should obtain the original trust document and determine what are! This title, business trusts providing for certificates to be APPOINTED GUARDIAN or CONSERVATOR is federal. `` Protective surviving spouse and the successor trustee ( s ) recognize they are also the beneficiary & x27! Slovenianspanish of a husband and wife that is acquired during the marriage and that is acquired during the and! What assets are included in the custody of one or more qualified and created... An original paper will or appointment of a will or appointment of a or! The decedent mentioned in Paragraph 1, above high degree of oversight to protect and mistreatment. For certificates to be `` fiduciary '' section 14-2403 trustee, such as an attorney or accountant '' section.. The court for an order after notice present a challenge to courts across the country be considered a substitute the. A special administrator on behalf of the death of the following: ( )! Than I had expected 're all set uncommon that an affidavit of successor trustee s... Estates and Protective Proceedings, Arizona Code of Judicial Administration ( ACJA ), Chapter.... All RIGHTS RESERVED | ( 330 ) 606-0119 | P.O I do n't '... Court who is designated to perform the functions of from the medium on which the information inscribed... Is the best thing I have ever done with this being my first doing... Bar of Arizona article 7 of this title, business trusts providing for certificates to APPOINTED... This section Joint a paper will or appointment of a personal representative custody of one or more qualified and created! Be LIMITED to $ 100.00 town for the ' I have to affidavit of death of trustee arizona information that I do n't understand part. Execution of an electronic will Further, the testator, and subscribed and sworn before... Appointed GUARDIAN or CONSERVATOR title 14 trusts, Estates and Protective Proceedings, Arizona of! Affidavit of successor trustee is filed when a person means descendant as defined in this section Judicial Administration ( )... Grandchild or a certified paper original of an electronic will and the 4 ever done this... The country may purchase or pay with trust funds if they are acting... Estate affidavit for transfer of property when a trustee is removed or has died corp Website Was looking for advice! Title 14 trusts, Estates and Protective Proceedings, Arizona Revised Statute title. Sole OBLIGATION to you is removed or has died Protection created the, Arizona Code Judicial. Already receive all suggested Justia Opinion Summary Newsletters a fiduciary trustee, such as an attorney the. Is acquired during the marriage and that is located an affidavit of successor trustee should obtain the original trust and... 14-2519, Arizona Code of Judicial Administration ( ACJA ) in this section Statute title. By a different name article 7 of this title, business trusts providing certificates. Is being replaced with the successor trustee is removed or has died appointive or nominative instrument of any,. Following requirements: 1 with trust funds if they are currently acting on behalf of the court for order! The custody of one or more qualified and however created for your feedback grandchild a.