Arizona Revised Statutes

Ariz. Rev. Stat. § 14-11010 (2026)

Limitation on personal liability of trustee

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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14-11010. Limitation on personal liability of trustee

A. Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.

B. A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

C. A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.

 

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2022 · leading case: Biltmore Assocs., LLC v. Twin City Fire Ins., 572 F.3d 663 (9th Cir. 2009).
Biltmore Assocs., LLC v. Twin City Fire Ins., 572 F.3d 663 (9th Cir. 2009). “Ariz.Rev.Stat. Ann. § 14-11010(B) (West Supp.”
Furst v. Mayne, No. 2:21-cv-01287 (D. Ariz. Aug. 11, 2022). · cites it 2× “” A.R.S. § 14-11010 (emphasis added). Intentional torts, however, by virtue of being 10 intentional, impose personal duties.”
Biltmore Assocs. v. Twin Cities, No. 06-16417 (9th Cir. July 10, 2009). “, The Law of Trusts and Trustees § 732 (describing the evolution from the “Orthodox Common Law Rule—No Direct Representative Liability” to the “Statutory Trend Toward Direct Representative Liability”).”
Ariz. Rev. Stat. § 14-11010(B): 1 case
Biltmore Assocs., LLC v. Twin City Fire Ins., 572 F.3d 663 (9th Cir. 2009). “Ariz.Rev.Stat. Ann. § 14-11010(B) (West Supp.”
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