Working with others · 6 min read
Settling by agreement
Interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust — the interpretation or construction of its terms, the approval of a trustee's report or accounting, a direction to a trustee, the resignation, appointment or compensation of a trustee, the transfer of the principal place of administration, and a trustee's liability — valid to the extent it does not violate a material purpose of the trust and includes terms the court could properly approve; any interested person may ask the court to approve it, and the court may approve or decline to approve but may not disapprove it (A.R.S. § 14-10111). A trust instrument may itself provide mandatory, exclusive and reasonable procedures to resolve issues about the administration or distribution of the trust (§ 14-10205), and a trustee may resolve a dispute by mediation or arbitration (§ 14-10816(23)).
The superior court
The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law; a trust is not subject to continuing judicial supervision unless the court orders it, and a proceeding may concern any matter involving the administration, including a request for instructions and an action to declare rights (A.R.S. § 14-10201). Venue is the county of the trust's principal place of administration (§ 14-10204). The settlor, a cotrustee or a beneficiary may ask the court to remove a trustee for a material breach, a lack of cooperation among cotrustees, unfitness or persistent failure, or a substantial change of circumstances where removal best serves the beneficiaries (§ 14-10706).
Remedies, fees and the time limits
To remedy a breach of trust the court may compel the trustee to perform, enjoin a breach, compel redress, order an account, appoint a special fiduciary, suspend or remove the trustee, reduce or deny compensation, void an act or trace property, or order other relief (A.R.S. § 14-11001); the trustee is liable for the greater of the loss and the trustee's profit (§ 14-11002). A trustee's reasonable fees and costs in the good-faith defense or prosecution of a proceeding are reimbursed from the trust, and the court may order another party or the trust to pay a party's fees (§ 14-11004). A beneficiary's claim runs one year from a report that adequately disclosed it and stated the time allowed, and otherwise two years from the trustee's departure, the end of the interest or the trust's end (§ 14-11005).
The statutes, verbatim
Nonjudicial settlement agreements; definition
A.R.S. § 14-10111 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Removal of trustee
A.R.S. § 14-10706 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Remedies for breach of trust
A.R.S. § 14-11001 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation of action against trustee
A.R.S. § 14-11005 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Common questions
Can Arizona beneficiaries settle a trust dispute without court?
Yes; interested persons may enter into a binding nonjudicial settlement agreement on any matter involving the trust, within the limits the statute states, and may ask the court to approve it (A.R.S. § 14-10111).
How is an Arizona trustee removed?
On the request of the settlor, a cotrustee or a beneficiary, or on the court's own initiative, for the grounds A.R.S. § 14-10706 lists — a material breach, a lack of cooperation among cotrustees, unfitness or persistent failure, or a substantial change of circumstances where removal best serves the beneficiaries.
How long does a beneficiary have to sue an Arizona trustee?
One year after being sent a report that adequately disclosed the potential claim and stated the time allowed; otherwise two years after the first of the trustee's removal, resignation or death, the end of the beneficiary's interest and the trust's termination (A.R.S. § 14-11005).
Related reading
The Learning Center is general information about Arizona law — not legal advice, and not a substitute for advice from a licensed Arizona attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- Can Arizona beneficiaries settle a trust dispute without court?
- Yes; interested persons may enter into a binding nonjudicial settlement agreement on any matter involving the trust, within the limits the statute states, and may ask the court to approve it (A.R.S. § 14-10111).
- How is an Arizona trustee removed?
- On the request of the settlor, a cotrustee or a beneficiary, or on the court's own initiative, for the grounds A.R.S. § 14-10706 lists — a material breach, a lack of cooperation among cotrustees, unfitness or persistent failure, or a substantial change of circumstances where removal best serves the beneficiaries.
- How long does a beneficiary have to sue an Arizona trustee?
- One year after being sent a report that adequately disclosed the potential claim and stated the time allowed; otherwise two years after the first of the trustee's removal, resignation or death, the end of the beneficiary's interest and the trust's termination (A.R.S. § 14-11005).
General information about Arizona law, not legal advice.