Arizona Revised Statutes

Ariz. Rev. Stat. § 14-2902 (2026)

Nonvested property interest or power of appointment; creation

✓ current as of May 2026

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A. Except as provided in subsections B and C of this section and section 14-2905, subsection C, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

B. If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 14-2901, subsection B or C, the nonvested property interest or power of appointment is created when that person's power to become the unqualified beneficial owner terminates. A joint power with respect to community property or to marital property held by a married couple is a power exercisable by one person alone.

C. A nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or any other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

Notes of Decisions

Cited in 1 case, 2000–2000 · leading case: Wetherill v. Basham, 3 P.3d 1118 (Ariz. Ct. App. 2000).

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Wetherill v. Basham, 3 P.3d 1118 (Ariz. Ct. App. 2000). · cites it 2× “5, as explained in comment a to that section, supports that conclusion. That the POA was not exercisable until one of them died, leaving a survivor which gave rise to the decedent’s trust, does not alter that fact.”

— Ariz. Rev. Stat. § 14-2902(A) — 1 case

Wetherill v. Basham, 3 P.3d 1118 (Ariz. Ct. App. 2000). “5, as explained in comment a to that section, supports that conclusion. That the POA was not exercisable until one of them died, leaving a survivor which gave rise to the decedent’s trust, does not alter that fact.”

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