Arizona Revised Statutes

Ariz. Rev. Stat. § 14-10402 (2026)

Requirements for creation

✓ current as of May 2026

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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.

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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2009–2023 · leading case: Welch v. Crow, 2009 OK 20 (Okla. 2009).

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Welch v. Crow, 2009 OK 20 (Okla. 2009). “Code § 19-3B-402 (2009); Ariz.Rev. Stat. Ann. § 14-10402 (2009); Ark.”

Thompson v. Manten (Ariz. Ct. App. 2023). · cites it 2× “1985); see also A.R.S. § 14-10402(A). On appeal, Vanessa cites public records of other properties that the 1978 Bakker Trust once owned.”

In re: Cynthia L. Messer (9th Cir. BAP 2012). “ARS §14-10402. On appeal, debtor 5 simply makes conclusory statements that these elements are 6 satisfied.”

— Ariz. Rev. Stat. § 14-10402(A) — 1 case

Thompson v. Manten (Ariz. Ct. App. 2023). “1985); see also A.R.S. § 14-10402(A). On appeal, Vanessa cites public records of other properties that the 1978 Bakker Trust once owned.”

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