Arizona Revised Statutes

Ariz. Rev. Stat. § 14-11004 (2026)

Attorney fees and costs

✓ current as of May 2026

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14-11004. Attorney fees and costs

A. A trustee or a person who is nominated as a trustee is entitled to reimbursement from the trust for that person's reasonable fees, expenses and disbursement, including attorney fees and costs, that arise out of and that relate to the good faith defense or prosecution of a judicial or alternative dispute resolution proceeding involving the administration of the trust, regardless of whether the defense or prosecution is successful.

B. A court or arbitrator may order that a party's reasonable fees, expenses and disbursements pursuant to subsection A be paid by any other party or the trust that is the subject of the judicial proceeding.

Notes of Decisions

Cited in 26 cases (8 in the last 5 years), 2010–2026 · leading case: Mashler v. Mashler, 442 P.3d 805 (Ariz. Ct. App. 2018).

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Mashler v. Mashler, 442 P.3d 805 (Ariz. Ct. App. 2018). · cites it 6× “Attorneys’ Fees ¶29 John and Christine request an award of attorneys’ fees on appeal pursuant to A.R.S. § 14-11004, which provides: 9 MASHLER, et al.”

Weinstein v. Weinstein, 326 P.3d 307 (Ariz. Ct. App. 2014). · cites it 8× “The trial court granted the Wein-steins’ motion, finding that the assignment was valid, that Milton did not re-inherit an interest in the Trust through Bernard’s will, and that even if the assignment was invalid, laches and the statute of limitations prohibited Milton’s claims.”

In Re Guardianship of Sleeth, 244 P.3d 1169 (Ariz. Ct. App. 2010). · cites it 8× “7 ¶ 30 Mark and Ferris cite A.R.S. § 14-11004 for the proposition that Ferris’ representation need not have been successful in order to merit payment.”

In Re Est. of King, 269 P.3d 1189 (Ariz. Ct. App. 2012). · cites it 5× “Attorneys’ fees ¶ 29 Reed has requested an award of attorneys fees pursuant to A.R.S. § 14-11004 (Supp.2011). Section 14-11004 provides: A.”

Sun Valley Grp., Inc. v. Mallet, 308 P.3d 1180 (Ariz. Ct. App. 2013). · cites it 2× “¶ 9 Rule 33 of the Arizona Rules of Probate Procedure directs the superior court to “follow the statewide fee guidelines set forth in the Arizona code of judicial administration” to determine “reasonable compensation.”

In Re Esther Caplan Trust, 265 P.3d 364 (Ariz. Ct. App. 2011). · cites it 2× “proceeding involving the administration of the trust, regardless of whether the defense or prosecution is successful.”

Lange v. Self (Ariz. Ct. App. 2023). · cites it 14× “The court likewise premised the same award on A.R.S. § 14-11004, which provides an alternative path to recovering attorneys’ fees and costs from a trust or any party in trust 9 LANGE v.”

Schultz v. Schultz (Ariz. Ct. App. 2018). · cites it 12× “Trustees are entitled to recover reasonable fees and costs against the trust under A.R.S. § 14-11004(A) where incurred in the good faith prosecution or defense of trust litigation.”

Isgro v. Wells Fargo (Ariz. Ct. App. 2019). · cites it 11× “The Trial Court Did Not Abuse Its Discretion in Awarding Appellees Attorneys’ Fees ¶33 The Appellees requested, and the trial court awarded, attorneys’ fees pursuant to A.R.S. § 14-11004 and § 12-341.01(A). We note, 3 Because we conclude the trial court did not abuse its…”

Bistrow v. Sova, 265 P.3d 364 (Ariz. Ct. App. 2011). · cites it 2× “is entitled to reimbursement from the trust for that person’s reasonable fees, expenses and disbursement, including attorney fees and costs, that arise out of and that relate to the good faith defense or prosecution of a judicial ... proceeding involving the administration of…”

Hansen v. Childers (Ariz. Ct. App. 2019). · cites it 6× “C&C requests reasonable attorneys’ fees on appeal pursuant to A.R.S. § 14-11004 or § 14-1105(A). We grant its request pursuant to § 14-11004, and we award taxable costs to C&C upon compliance with Arizona Rule of Civil Appellate Procedure 21.”

Whiles v. Jones (Ariz. Ct. App. 2019). · cites it 6× “The court then found the Joneses, as former co-trustees, were entitled to reimbursement of their reasonable fees and costs related to the good faith defense of a claim involving the administration of a trust pursuant to A.R.S. § 14-11004(A). Applying these “competing statutory…”

Show all 26 citing cases →

— Ariz. Rev. Stat. § 14-11004(A) — 10 cases

In Re Guardianship of Sleeth, 244 P.3d 1169 (Ariz. Ct. App. 2010). “7 ¶ 30 Mark and Ferris cite A.R.S. § 14-11004 for the proposition that Ferris’ representation need not have been successful in order to merit payment.”

Mashler v. Mashler, 442 P.3d 805 (Ariz. Ct. App. 2018). “Attorneys’ Fees ¶29 John and Christine request an award of attorneys’ fees on appeal pursuant to A.R.S. § 14-11004, which provides: 9 MASHLER, et al.”

Isgro v. Wells Fargo (Ariz. Ct. App. 2019). “The Trial Court Did Not Abuse Its Discretion in Awarding Appellees Attorneys’ Fees ¶33 The Appellees requested, and the trial court awarded, attorneys’ fees pursuant to A.R.S. § 14-11004 and § 12-341.01(A). We note, 3 Because we conclude the trial court did not abuse its…”

Whiles v. Jones (Ariz. Ct. App. 2019). “The court then found the Joneses, as former co-trustees, were entitled to reimbursement of their reasonable fees and costs related to the good faith defense of a claim involving the administration of a trust pursuant to A.R.S. § 14-11004(A). Applying these “competing statutory…”

Lange v. Self (Ariz. Ct. App. 2023). “The court likewise premised the same award on A.R.S. § 14-11004, which provides an alternative path to recovering attorneys’ fees and costs from a trust or any party in trust 9 LANGE v.”

— Ariz. Rev. Stat. § 14-11004(B) — 10 cases

Weinstein v. Weinstein, 326 P.3d 307 (Ariz. Ct. App. 2014). “The trial court granted the Wein-steins’ motion, finding that the assignment was valid, that Milton did not re-inherit an interest in the Trust through Bernard’s will, and that even if the assignment was invalid, laches and the statute of limitations prohibited Milton’s claims.”

Schultz v. Schultz (Ariz. Ct. App. 2018). “Trustees are entitled to recover reasonable fees and costs against the trust under A.R.S. § 14-11004(A) where incurred in the good faith prosecution or defense of trust litigation.”

Woods v. McCarty (Ariz. Ct. App. 2020).

In Re Indenture of Trust Dated January 13, 1964 (Ariz. Ct. App. 2014).

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