A.R.S. § 14-10402: Trust Creation Requirements
Requirements for creation
How do you create a valid trust in Arizona?
In Arizona, a trust is validly created only if the settlor has the capacity and intent to create it, the trust has a definite or otherwise ascertainable beneficiary (or is a charitable, animal-care, or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not both sole trustee and sole beneficiary.
Full statute text
Official text last checked against azleg.gov:
14-10402. Requirements for creation
A. Except as provided in section 14-5409, a trust is created only if all of the following are true:
1. The settlor has capacity to create a trust.
2. The settlor indicates an intention to create the trust.
3. The trust has a definite beneficiary or is:
(a) A charitable trust.
(b) A trust for the care of an animal, as provided in section 14-10408.
(c) A trust for a noncharitable purpose, as provided in section 14-10409.
4. The trustee has duties to perform.
5. The same person is not the sole trustee and sole beneficiary.
B. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
C. A power in a trustee or other person to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
AI-drafted summary, not attorney-reviewed. Statute text verified against azleg.gov. Legal information, not legal advice — consult a licensed attorney for your situation.