14-6103. Notice of death of settlor; filing claim against trust estate
A. After the death of the settlor the trustee of a nontestamentary trust may notify known creditors pursuant to section 14-3801, subsection B and may publish notice to creditors pursuant to section 14-3801, subsection A.
B. A claim against the trust estate that arose before the settlor's death, including claims of the state or any of its political subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred against the trust estate by any other statute of limitations or nonclaim statute, are barred against the trust estate, the trustee and the beneficiaries of the trust, unless presented within the time prescribed in the written notice for creditors who are given actual notice, or within the time prescribed in the published notice for creditors who are given notice by publication.
C. A claim under this section may be presented as follows:
1. The claimant may deliver or mail to the trustee a written statement of the claim indicating the information prescribed in section 14-3804.
2. If the trustee has distributed the trust estate to beneficiaries of the trust, the trustee shall mail or deliver the claim to any beneficiary that may be liable for the claim because of the receipt of trust assets by that beneficiary.
3. If a claim is presented in a timely manner, section 14-6102 applies.
D. The trustee is not liable to a creditor or to any beneficiary of the trust for giving or failing to give notice under this section.
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 1982–2024 · leading case:
Jordan v. Burgbacher, 883 P.2d 458 (Ariz. Ct. App. 1994).
Jordan v. Burgbacher, 883 P.2d 458 (Ariz. Ct. App. 1994).
· cites it 5× “Compare A.R.S. § 14-6103(A) with (B); A.R.S. § 14-6104(A) with (B).”
Stevenson v. Stevenson, 643 P.2d 1014 (Ariz. 1982).
· cites it 2× “§ 14-6103(A) provides: “A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.”
Battiste v. Battiste, 662 P.2d 145 (Ariz. Ct. App. 1983).
· cites it 2× “00 which petitioner brought to the marriage, as her sole and separate property;” We agree with appellant that the paragraph which purports to impose a lien on the savings accounts and certificates of deposit is inconsistent and incorrect.”
Matter of Est. of Nelson, 657 P.2d 427 (Ariz. Ct. App. 1982).
· cites it 3× “” “§ 14-6103. Ownership during lifetime A. A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.”
Beaumont v. Beaumont (Ariz. Ct. App. 2022).
· cites it 2× “44, 46 (1982) (citing A.R.S. § 14-6103(A), now § 14-6211). Placing separate funds into a joint account suggests, but does not conclusively prove, an intent to gift.”
Beaumont v. Beaumont (Ariz. Ct. App. 2023).
· cites it 2× “44, 46 (1982) (citing A.R.S. § 14-6103(A), now § 14-6211). Placing separate funds into a joint account suggests, but does not conclusively prove, an intent to gift.”
Beaumont v. Beaumont (Ariz. Ct. App. 2024).
“Thus, the superior court had to determine whether Husband’s evidence showed Wife’s donative intent by clear and convincing evidence. Id. This determination is “a question of fact, which we review under a clearly erroneous standard.”
— Ariz. Rev. Stat. § 14-6103(A) — 6 cases
Stevenson v. Stevenson, 643 P.2d 1014 (Ariz. 1982).
“§ 14-6103(A) provides: “A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.”
Jordan v. Burgbacher, 883 P.2d 458 (Ariz. Ct. App. 1994).
“Compare A.R.S. § 14-6103(A) with (B); A.R.S. § 14-6104(A) with (B).”
Matter of Est. of Nelson, 657 P.2d 427 (Ariz. Ct. App. 1982).
“” “§ 14-6103. Ownership during lifetime A. A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.”
Beaumont v. Beaumont (Ariz. Ct. App. 2022).
“44, 46 (1982) (citing A.R.S. § 14-6103(A), now § 14-6211). Placing separate funds into a joint account suggests, but does not conclusively prove, an intent to gift.”
Beaumont v. Beaumont (Ariz. Ct. App. 2023).
“44, 46 (1982) (citing A.R.S. § 14-6103(A), now § 14-6211). Placing separate funds into a joint account suggests, but does not conclusively prove, an intent to gift.”
— Ariz. Rev. Stat. § 14-6103(B) — 1 case
Jordan v. Burgbacher, 883 P.2d 458 (Ariz. Ct. App. 1994).
“Compare A.R.S. § 14-6103(A) with (B); A.R.S. § 14-6104(A) with (B).”
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