Arizona Revised Statutes
Title 14 - Trusts, Estates and Protective Proceedings
§ 14-5651 - Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions

14-5651. Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions
A. Except as provided by subsection G of this section, the superior court shall not appoint a fiduciary unless that person is licensed by the supreme court. The supreme court shall administer the licensure program and shall adopt rules and establish and collect fees necessary for its implementation. The supreme court shall deposit, pursuant to sections 35-146 and 35-147, the monies collected pursuant to this subsection in the confidential intermediary and fiduciary fund established by section 8-135. At a minimum the rules adopted pursuant to this subsection shall include the following:
1. A code of conduct.
2. A requirement that fiduciaries post a cash deposit or surety bond with the supreme court.
3. A requirement that on appointment a fiduciary who is serving as a guardian or conservator must provide written information to the ward or protected person and all persons entitled to notice pursuant to section 14-5309 or 14-5405 that the fiduciary is licensed by the supreme court and subject to regulation by the supreme court. The language of the written information provided by the fiduciary shall be prescribed by the supreme court and shall include reference to the code of conduct that all licensed fiduciaries must follow.
4. Minimum qualifications.
5. Biennial renewal of licensure.
B. As a condition of appointment, the supreme court shall require each applicant for the position of fiduciary to submit a full set of fingerprints to the supreme court for the purpose of obtaining a state and federal criminal records check to determine the suitability of the applicant pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. An applicant for licensure must:
1. Be at least twenty-one years of age.
2. Be a citizen of this country.
3. Not have been convicted of a felony.
4. Attest that the applicant has not been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft or conversion.
5. Attend an initial session and thereafter biennial training sessions prescribed by the supreme court on the duties of a fiduciary.
6. Consent in the application form to the jurisdiction of the courts of this state for all actions arising under this article or article 6 of this chapter and appoint the fiduciary program coordinator as the lawful agent for the purpose of accepting service of process in any action, suit or proceeding that relates to the duties of a fiduciary. The program coordinator shall transmit by registered mail to the person's last known address the lawful service of process accepted by the program coordinator. Notwithstanding the provisions of this paragraph, service of process on a public fiduciary or the department of veterans' services shall be made pursuant to the Arizona rules of civil procedure.
D. The superior court shall, and any person may, notify the supreme court if it appears that a fiduciary has violated a rule adopted under this section. The supreme court shall then conduct an investigation and hearing pursuant to its rules. If the supreme court determines that the fiduciary committed the violation it may revoke the fiduciary's license or impose other sanctions, including civil penalties, and shall notify the superior court in each county of this action. The supreme court may then also require the fiduciary to forfeit a cash deposit or surety bond to the extent necessary to compensate the court for the expenses it incurred to conduct the investigation and hearing.
E. A person who in good faith provides information or testimony regarding a fiduciary's misconduct or lack of professionalism is not subject to civil liability.
F. Persons appointed by the chief justice to serve in an advisory capacity to the fiduciary program, staff of the fiduciary program, hearing officers and employees of the administrative office of the courts who participate in the fiduciary program are immune from civil liability for conduct in good faith that relates to their official duties.
G. The requirements of this section do not apply to a financial institution. This exemption does not prevent the superior court from appointing a financial institution as a fiduciary. The supreme court may exempt a fiduciary from the requirements of this section for good cause.
H. This section does not grant any fiduciary or any applicant for a license as a fiduciary the right to a direct appeal to the supreme court.
I. The supreme court may receive and expend monies from the confidential intermediary and fiduciary fund established by section 8-135 for the purposes of performing the duties related to fiduciaries pursuant to this section.
J. This section applies to any supreme court licensed fiduciary who is acting as a guardian, conservator, personal representative, trustee or agent under a power of attorney, whether or not that person is acting pursuant to court appointment.
K. For the purposes of this section:
1. " Fiduciary" means:
(a) A person who for a fee serves as a court appointed guardian or conservator for one or more persons who are unrelated to the fiduciary.
(b) A person who for a fee serves as a court appointed personal representative and who is not related to the decedent, is not nominated in a will or by a power conferred in a will and is not a devisee in the will.
(c) A public fiduciary appointed pursuant to section 14-5601.
(d) The department of veterans' services.
2. " Financial institution" means a bank that is insured by the federal deposit insurance corporation and chartered under the laws of the United States or any state, a trust company that is owned by a bank holding company that is regulated by the federal reserve board or a trust company that is chartered under the laws of the United States or this state.

Structure Arizona Revised Statutes

Arizona Revised Statutes

Title 14 - Trusts, Estates and Protective Proceedings

§ 14-1101 - Training

§ 14-1102 - Purposes; rule of construction

§ 14-1103 - Supplementary general principles of law applicable

§ 14-1104 - Prudent management of costs

§ 14-1105 - Remedies for unreasonable conduct; definitions

§ 14-1106 - Effect of fraud and evasion

§ 14-1107 - Determination of death and status; rules

§ 14-1108 - Arbitration of disputes; alternative dispute resolution

§ 14-1109 - Repetitive filings; summary denial

§ 14-1201 - Definitions

§ 14-1301 - Territorial application

§ 14-1302 - Subject matter jurisdiction

§ 14-1303 - Venue; multiple proceedings; transfer

§ 14-1304 - Practice in court

§ 14-1305 - Records and certified copies

§ 14-1306 - Jury trial

§ 14-1307 - Registrar; powers

§ 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

§ 14-1401.01 - Notice to attorney general

§ 14-1402 - Notice; waiver

§ 14-1403 - Pleadings

§ 14-1404 - Representation; basic effect

§ 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

§ 14-1408 - Appointment of guardian ad litem

§ 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

§ 14-2108 - After-born heirs; requirements

§ 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

§ 14-2401 - Applicable law

§ 14-2402 - Homestead allowance

§ 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

§ 14-2501 - Who may make a will

§ 14-2502 - Execution of paper wills; witnessed wills; holographic wills; testamentary intent

§ 14-2503 - Holographic will

§ 14-2504 - Self-proved wills; sample form; signature requirements

§ 14-2505 - Witnesses; requirements; definition

§ 14-2506 - Execution; choice of law

§ 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

§ 14-2519 - Self-proved electronic will

§ 14-2520 - Qualified custodian

§ 14-2521 - Qualified custodian; agreement to serve; ceasing service

§ 14-2522 - Electronic record; access; destruction

§ 14-2523 - Certified paper original of electronic will; affidavits

§ 14-2601 - Scope of article

§ 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

§ 14-2701 - Scope of article

§ 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

§ 14-2711 - Distribution to heirs; effect

§ 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

§ 14-3601 - Qualification

§ 14-3602 - Acceptance of appointment; consent to jurisdiction

§ 14-3603 - Bond required; exceptions

§ 14-3604 - Bond amount; security; procedure; reduction

§ 14-3606 - Terms and conditions of bonds

§ 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

§ 14-3707 - Employment of appraisers

§ 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

§ 14-3720 - Expenses in estate litigation

§ 14-3721 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate

§ 14-3722 - Compensation of appointees

§ 14-3801 - Notice to creditors

§ 14-3802 - Statute of limitations

§ 14-3803 - Limitations on presentation of claims

§ 14-3804 - Manner of presentation of claims

§ 14-3805 - Priority of claims

§ 14-3806 - Allowance of claims

§ 14-3807 - Payment of claims

§ 14-3808 - Individual liability of personal representative

§ 14-3809 - Secured claims

§ 14-3810 - Claims not due and contingent or unliquidated claims

§ 14-3811 - Counterclaims

§ 14-3812 - Execution and levies prohibited

§ 14-3813 - Compromise of claims

§ 14-3814 - Encumbered assets

§ 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

§ 14-3903 - Right of retainer

§ 14-3904 - Interest on general pecuniary devise

§ 14-3906 - Distribution in kind; valuation; method

§ 14-3907 - Distribution in kind; evidence

§ 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

§ 14-3913 - Distributions to trustee

§ 14-3914 - Disposition of unclaimed assets

§ 14-3915 - Distribution to person under disability

§ 14-3916 - Community property

§ 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

§ 14-3938 - Subsequent administration

§ 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

§ 14-3972 - Effect of affidavit

§ 14-3973 - Small estates; summary administrative procedure

§ 14-3974 - Small estates; closing by sworn statement of personal representative

§ 14-4101 - Definitions

§ 14-4201 - Payment of debt and delivery of property to domiciliary foreign personal representative without local administration

§ 14-4202 - Payment or delivery discharges

§ 14-4203 - Resident creditor notice

§ 14-4204 - Proof of authority and bond

§ 14-4205 - Powers

§ 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

§ 14-5101 - Definitions

§ 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

§ 14-5105 - Bond of 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

§ 14-5302 - Venue

§ 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

§ 14-5315 - Guardian reports; contents

§ 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

§ 14-5403 - Venue

§ 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

§ 14-5408 - Permissible court orders

§ 14-5409 - Protective arrangements and single transactions authorized

§ 14-5410 - Who may be appointed conservator; priorities

§ 14-5411 - Bond; exception

§ 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

§ 14-5417 - General duty of conservator

§ 14-5418 - Inventory and records

§ 14-5419 - Accounts; definition

§ 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

§ 14-5427 - Preservation of estate plan

§ 14-5428 - Claims against protected person; enforcement

§ 14-5429 - Personal liability of conservator

§ 14-5430 - Termination of proceeding

§ 14-5431 - Payment of debt and delivery of property to foreign conservator without local proceedings

§ 14-5432 - Domiciliary foreign conservator; powers of local conservator

§ 14-5433 - Probate fund; use

§ 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

§ 14-5507 - Applicability of article

§ 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

§ 14-5652 - Attorneys; fiduciary duties

§ 14-5701 - Fiduciary arrest warrants

§ 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

§ 14-6201 - Definitions

§ 14-6202 - Application of article

§ 14-6203 - Types of accounts; existing accounts

§ 14-6204 - Sample forms

§ 14-6205 - Designation of agent; authority; termination

§ 14-6206 - Beneficial ownership; application and limitation of article

§ 14-6211 - Ownership of accounts

§ 14-6212 - Death of a party; rights of survivors

§ 14-6213 - Alteration of rights

§ 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

§ 14-6223 - Pay on death accounts; payment

§ 14-6224 - Agency accounts; payment to designated agent

§ 14-6225 - Payments to minors

§ 14-6226 - Financial institutions; discharge of claims; exception

§ 14-6227 - Financial institutions; right to setoff against account

§ 14-6301 - Definitions

§ 14-6302 - Registration of securities; form

§ 14-6303 - Registration in beneficiary form; applicable law

§ 14-6304 - Origination of registration

§ 14-6305 - Form of registration

§ 14-6306 - Effect of registration

§ 14-6307 - Ownership on death of owner

§ 14-6308 - Registering entity; obligations; protection

§ 14-6310 - Registrations; terms, conditions and forms

§ 14-6311 - Application of article

§ 14-7401 - Definitions

§ 14-7402 - Fiduciary duties; general principles

§ 14-7403 - Trustee's power to adjust

§ 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

§ 14-7413 - Principal receipts

§ 14-7414 - Rental property

§ 14-7415 - Obligation to pay money

§ 14-7416 - Insurance policies and similar contracts

§ 14-7417 - Insubstantial allocations not required

§ 14-7418 - Deferred compensation, annuities and similar payments; definition

§ 14-7419 - Liquidating assets; definition

§ 14-7420 - Minerals, water and other natural resources

§ 14-7421 - Timber

§ 14-7422 - Property not productive of income

§ 14-7423 - Derivatives and options; definition

§ 14-7424 - Asset-backed securities; definition

§ 14-7425 - Disbursements from income

§ 14-7426 - Disbursements from principal

§ 14-7427 - Transfers from income to principal for depreciation; definition

§ 14-7428 - Transfers from income to reimburse principal

§ 14-7429 - Income taxes

§ 14-7430 - Adjustments between principal and income because of taxes

§ 14-7431 - Proposed actions; notification; definition

§ 14-7501 - Definitions

§ 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

§ 14-7507 - Deposit in name of principal

§ 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

§ 14-7511 - Uniformity of interpretation

§ 14-7512 - Short title

§ 14-7651 - Definitions

§ 14-7652 - Scope and jurisdiction

§ 14-7653 - Nomination of custodian

§ 14-7654 - Transfer by gift or exercise of power of appointment

§ 14-7655 - Transfer authorized by will or trust

§ 14-7656 - Other transfer by fiduciary

§ 14-7657 - Transfer by obligor

§ 14-7658 - Receipt for custodial property

§ 14-7659 - Manner of creating custodial property and effecting transfer; designation of initial custodian; control

§ 14-7660 - Single custodianship

§ 14-7661 - Validity and effect of transfer

§ 14-7662 - Care of custodial property; duties of custodian

§ 14-7663 - Powers of custodian

§ 14-7664 - Use of custodial property

§ 14-7665 - Custodian's expenses, compensation and bond

§ 14-7666 - Exemption of third person from liability

§ 14-7667 - Liability to third persons

§ 14-7668 - Renunciation, resignation, death or removal of custodian; designation of successor

§ 14-7669 - Accounting by and determination of liability of custodian

§ 14-7670 - Termination of custodianship

§ 14-7671 - Applicability

§ 14-8101 - Adult adoption; agreement; consent of spouse; court procedure; petition

§ 14-9101 - Definitions

§ 14-9102 - Custodial trust; general

§ 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

§ 14-9112 - Liability to third person

§ 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

§ 14-9117 - Distribution on termination

§ 14-9118 - Methods and forms for creating custodial trusts

§ 14-9119 - Applicable law

§ 14-10001 - Short title

§ 14-10002 - Definitions

§ 14-10003 - Scope of chapter

§ 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

§ 14-10014 - Tax qualified disclaimer

§ 14-10015 - Recording of disclaimer

§ 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

§ 14-10101 - Short title

§ 14-10102 - Scope

§ 14-10103 - Definitions

§ 14-10104 - Knowledge

§ 14-10105 - Default and mandatory rules

§ 14-10106 - Common law of trusts; principles of equity

§ 14-10107 - Governing law

§ 14-10108 - Principal place of administration

§ 14-10109 - Methods and waiver of notice

§ 14-10110 - Others treated as qualified beneficiaries

§ 14-10111 - Nonjudicial settlement agreements; definition

§ 14-10112 - Rules of construction

§ 14-10113 - Penalty clause for contest; restriction

§ 14-10201 - Role of court in administration of trust

§ 14-10202 - Jurisdiction over trustee and beneficiary

§ 14-10203 - Subject matter jurisdiction

§ 14-10204 - Venue

§ 14-10205 - Alternative dispute resolution

§ 14-10301 - Representation

§ 14-10302 - Appointment of representative

§ 14-10401 - Methods of creating trust

§ 14-10402 - Requirements for creation

§ 14-10403 - Trusts created in other jurisdictions

§ 14-10404 - Trust purposes

§ 14-10405 - Charitable purposes; enforcement

§ 14-10406 - Creation of trust induced by fraud, duress or undue influence

§ 14-10407 - Evidence of oral trust

§ 14-10408 - Trust for care of animal

§ 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

§ 14-10413 - Cy pres

§ 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

§ 14-10418 - Name change

§ 14-10501 - Rights of beneficiary's creditor or assignee; exception

§ 14-10502 - Spendthrift provision

§ 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

§ 14-10702 - Trustee's bond

§ 14-10703 - Cotrustees

§ 14-10704 - Vacancy in trusteeship; appointment of successor

§ 14-10705 - Resignation of trustee

§ 14-10706 - Removal of trustee

§ 14-10707 - Delivery of property by former trustee

§ 14-10708 - Compensation of trustee

§ 14-10709 - Reimbursement of expenses

§ 14-10801 - Duty to administer trust

§ 14-10802 - Duty of loyalty

§ 14-10803 - Impartiality

§ 14-10804 - Prudent administration

§ 14-10805 - Costs of administration

§ 14-10806 - Trustee's skills

§ 14-10807 - Delegation by trustee

§ 14-10808 - Powers to direct

§ 14-10809 - Control and protection of trust property

§ 14-10810 - Record keeping and identification of trust property

§ 14-10811 - Enforcement and defense of claims

§ 14-10812 - Collecting trust property

§ 14-10813 - Duty to inform and report

§ 14-10814 - Discretionary powers; tax savings

§ 14-10815 - General powers of trustee

§ 14-10816 - Specific powers of trustee

§ 14-10817 - Distribution on termination; release of trustee

§ 14-10818 - Trust protector

§ 14-10819 - Trustee's special power to appoint to other trust

§ 14-10820 - Fiduciaries; service as trustee; limitation

§ 14-10901 - Prudent investor rule

§ 14-10902 - Standard of care; portfolio strategy; risk and return objectives

§ 14-10903 - Diversification

§ 14-10904 - Duties at inception of trusteeship

§ 14-10905 - Reviewing compliance

§ 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

§ 14-11001 - Remedies for breach of trust

§ 14-11002 - Damages for breach of trust

§ 14-11003 - Damages in absence of breach

§ 14-11004 - Attorney fees and costs

§ 14-11005 - Limitation of action against trustee

§ 14-11006 - Reliance on trust instrument

§ 14-11007 - Event affecting administration or distribution

§ 14-11008 - Exculpation of trustee

§ 14-11009 - Beneficiary's consent, release or ratification

§ 14-11010 - Limitation on personal liability of trustee

§ 14-11011 - Interest as general partner

§ 14-11012 - Protection of person dealing with trustee

§ 14-11013 - Certification of trust

§ 14-11014 - Total return trusts; definitions

§ 14-11015 - Express total return unitrusts; definition

§ 14-11101 - Electronic records and signatures

§ 14-11102 - Severability clause

§ 14-12101 - Short title

§ 14-12102 - Definitions

§ 14-12103 - International applications of act

§ 14-12104 - Communication between courts

§ 14-12105 - Cooperation between courts

§ 14-12106 - Taking testimony in another state

§ 14-12201 - Definitions; significant connection factors

§ 14-12202 - Exclusive basis

§ 14-12203 - Jurisdiction

§ 14-12204 - Special jurisdiction

§ 14-12205 - Exclusive and continuing jurisdiction

§ 14-12206 - Appropriate forum

§ 14-12207 - Jurisdiction declined by reason of conduct

§ 14-12208 - Notice of proceeding

§ 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

§ 14-12403 - Effect of registration

§ 14-12501 - Uniformity of application and construction

§ 14-12502 - Relation to electronic signatures in global and national commerce act

§ 14-12503 - Transitional provision

§ 14-13101 - Short title

§ 14-13102 - Definitions

§ 14-13103 - Applicability

§ 14-13104 - User direction for disclosure of digital assets

§ 14-13105 - Terms-of-service agreement

§ 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

§ 14-13115 - Fiduciary duty and authority

§ 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