What types of trusts does Arizona recognize?

Among them revocable and irrevocable trusts (A.R.S. § 14-10602), spendthrift trusts (§ 14-10502), discretionary trusts (§ 14-10504), special needs trusts (§ 14-10103(17), § 14-10503), trusts with powers to direct and trust protectors (§ 14-10808, § 14-10818), and total return unitrusts (§ 14-11014).

What is a discretionary trust in Arizona?

A trust whose distributions are left to the trustee's discretion; a beneficiary's creditor may not compel a discretionary distribution even where the discretion is expressed as a standard, except a court's order for a child's support (A.R.S. § 14-10504), while a mandatory distribution the trustee has not made within a reasonable period may be reached (§ 14-10506).

Types of Trusts in Arizona

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Common types of Trusts in Arizona

Revocable living Trust

Created during life and changeable anytime; commonly used to avoid probate and plan for incapacity. You keep control — so it is not asset protection.

Irrevocable Trust

Generally can't be changed or revoked once created; you give up control in exchange for benefits some irrevocable Trusts can offer, such as certain tax or planning goals. Fact-specific — for an attorney to design.

Testamentary Trust

Created by your will and funded only after death, through probate. Useful for leaving assets to minors or in stages.

Special needs (supplemental needs) Trust

Holds assets for a beneficiary with disabilities without disrupting needs-based public benefits like Medicaid or SSI, when properly drafted.

Spendthrift Trust

Includes a spendthrift provision that restrains a beneficiary's ability to transfer their interest and limits some creditors' reach (A.R.S. § 14-10502), within limits.

Charitable Trust

Benefits a charitable purpose; certain forms can combine giving with income or tax planning. Design and compliance are an attorney/advisor matter.

Trust for a pet

An Arizona trust for the care of one or more designated animals, which the Arizona Trust Code provides for; it ends when no covered animal is living, and the person the instrument or the court names to enforce it has a qualified beneficiary's rights (A.R.S. § 14-10110).

Which type of Trust fits your goals?

Trusts are tools — the right one (if any) depends entirely on your goals, your family, your assets, and tax considerations. This page is general information, not legal advice. A free role check can show you where you stand, and a Arizona attorney can design what fits your situation.

General information about Arizona law, not legal advice.

Frequently asked questions

What types of trusts does Arizona recognize?: Among them revocable and irrevocable trusts (A.R.S. § 14-10602), spendthrift trusts (§ 14-10502), discretionary trusts (§ 14-10504), special needs trusts (§ 14-10103(17), § 14-10503), trusts with powers to direct and trust protectors (§ 14-10808, § 14-10818), and total return unitrusts (§ 14-11014).
What is a discretionary trust in Arizona?: A trust whose distributions are left to the trustee's discretion; a beneficiary's creditor may not compel a discretionary distribution even where the discretion is expressed as a standard, except a court's order for a child's support (A.R.S. § 14-10504), while a mandatory distribution the trustee has not made within a reasonable period may be reached (§ 14-10506).

General information about Arizona law, not legal advice.