Trust Decanting Requirements in Arizona

Short answer Arizona lets a trustee with distribution discretion under a testamentary instrument or irrevocable inter vivos agreement appoint part or all of the trust property to the trustee of another trust, regardless of whether the first instrument supplies a distribution standard. No prior court approval is required, but six statutory conditions protect fixed income, annuity or unitrust payments, beneficiary status, an interested trustee's ascertainable standard, tax treatment, and validity limits. The statute states no advance- notice, consent, signed-instrument, filing, or detailed remedy procedure.
State
Arizona
Statute checked
September 12, 2026
Sources
1 statute

At a glance

Governing law and available decanting routeA.R.S. § 14-10819, “trustee's special power to appoint to other trust.” Trustee appoints part/all trust property to trustee of another trust; all- property exercise may be by restating first instrument. Exercise is special power of appointment, not Uniform Trust Decanting Act (§ 14-10819(A),(C),(E))
First-trust scope, state connection, retroactivity, and opt-outTestamentary instrument or irrevocable inter vivos agreement governed by Arizona law, including after governing-jurisdiction transfer. Express contrary trust terms control. No creation-date, retroactivity, administration- place, or anti-evasion rule stated (§ 14-10819(A)-(B))
Authorized fiduciary and required distribution powerTrustee with discretion under instrument to make distributions to/for a trust beneficiary, whether or not instrument supplies a standard; may appoint part/all property. No settlor-, beneficiary-, cotrustee-, resignation-, or special-fiduciary exclusion stated; interested trustee faces ascertainable- standard limit (§ 14-10819(A)(4))
Expanded, limited, mandatory, and ascertainable-standard branchesNo expanded/limited/mandatory tiers. Any discretionary distribution power qualifies regardless of stated standard; if exercising trustee is possible beneficiary under ascertainable standard, recipient-trust standard must be same or more restrictive. Mandatory authority alone not listed (§ 14-10819(A),(A)(4))
Beneficiary, vested-interest, and power-of-appointment changesExercise must be “in favor of the beneficiaries of the trust,” cannot reduce fixed nondiscretionary income payment or alter nondiscretionary annuity/ unitrust payment. No further current/remainder/new-beneficiary, vested, withdrawal, or new-appointment-power rule stated; exercise itself is special appointment power (§ 14-10819(A)(1)-(3),(C))
Second-trust terms, duration, governing law, and administrationAppoint part/all property to trustee of “another trust”; all-property route may restate first instrument. Must satisfy validity limits in §§ 14-2901 and 14-2905. No express recipient-trust situs/governing law, duration, trustee, multiple-trust, partial-term, later-property, or continuity rule (§ 14-10819(A),(A)(6),(E))
Tax, charitable, special-needs, compensation, and other guardrailsExercise cannot adversely affect tax treatment of trust, trustee, settlor, or beneficiaries. No tax-category, charitable, special-needs, compensation, exculpation, indemnification, removal-power, support, or public-policy package stated (§ 14-10819(A)(5))
Notice, recipients, consent, waiver, objection, and representationNo statutory advance notice, recipient list, consent, waiver, objection, delivery, attachment, or representation procedure stated in § 14-10819; express prerequisite is compliance with six conditions, without prior court approval (§ 14-10819(A))
Exercise instrument, court review, effectiveness, and remediesNo signature, acknowledgment, notarization, trust-record/public filing, effective-date, saving, defect, reliance, liability, remedy, or limitations rule stated. Trustee may request court approval in sole discretion before or after exercise; all-property exercise may use restatement (§ 14-10819(D)-(E))

Requirements one by one

Arizona uses one short special-appointment statute

The trustee needs discretion under a testamentary instrument or irrevocable inter vivos agreement to make distributions to or for a beneficiary. The statute says the route is available regardless of whether the trust supplies a distribution standard and allows part or all of the trust property to be appointed to the trustee of another trust.

“The exercise of the trustee's power to appoint trust property under subsection A of this section is considered to be the exercise of a special power of appointment.” — A.R.S. § 14-10819(C)

Six conditions replace a uniform-act power-tier structure

The exercise cannot reduce a fixed nondiscretionary income payment, alter a nondiscretionary annuity or unitrust payment, fall outside the trust's beneficiaries, adversely affect tax treatment, or violate the cross-referenced validity limits. If the trustee is a possible beneficiary under an ascertainable standard, the recipient trust must use the same or a more restrictive standard.

Arizona states no separate expanded, limited, or special-needs branch and no additional general rule for vested interests, withdrawal powers, compensation, exculpation, later property, or second-trust duration.

Court approval is optional and can come before or after

The trustee may exercise without prior court approval. Subsection D separately allows the trustee, in the trustee's sole discretion, to request approval before or after the exercise. If all trust property is appointed, subsection E allows the trustee to do so by restating the trust instrument.

The section itself does not prescribe advance notice, beneficiary consent, a signed or acknowledged exercise, filing, a default effective date, or a defect- saving and remedy procedure.

What trips people up

The statutory threshold is discretion “to make distributions,” not an express principal-only power. Conversely, the lack of a named standard does not erase the six conditions, and an interested trustee must preserve or tighten any applicable ascertainable standard.

Arizona's tax condition is one general sentence. It does not enumerate marital, charitable, GST, grantor-trust, S-corporation, retirement, or other categories, so this page does not turn those examples into separate Arizona statutory tests.

Common questions

Must the trustee ask a court first?

No. Prior approval is not required, although the trustee may request approval before or after the exercise.

Can the trustee use a restated trust instead of a separate new instrument?

For an appointment of all trust property, yes: subsection E expressly permits a restatement of the trust instrument.

Does § 14-10819 create a beneficiary notice period?

No. The section states no notice period or recipient list. A court proceeding or another applicable source may raise separate notice questions outside this statutory decanting comparison.

Statutes and sources

  • A.R.S. § 14-10819 — trustee's special appointment power, covered trusts, six conditions, Arizona-law scope, optional court approval, and restatement. Official text (accessed September 12, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

A.R.S. § 14-10819 · accessed 2026-09-12
This page is general legal information about state statutory trust-decanting authority, not legal, tax, estate-planning, fiduciary, benefits, creditor, family-law, securities, investment, valuation, drafting, court, or litigation advice. Whether a decanting power exists and how it may be exercised depend on the complete current first-trust instrument and amendments, governing law, place of administration, trust purposes and assets, settlor status, every fiduciary's identity and powers, distribution standards, beneficiary classes and interests, powers of appointment, disabilities and representation, charitable interests, tax attributes, public benefits, notices, waivers, objections, exercise instrument, second-trust terms, court orders, and pending proceedings. Statutory authority, notice, consent, waiver, a signed instrument, or court confirmation does not establish that a proposed decanting is valid, prudent, tax-neutral, benefit-preserving, creditor-proof, consistent with fiduciary duties, or effective for a particular trust. Statutes and trust, tax, benefits, charitable, creditor, and perpetuities rules change independently. Verify current law and the complete trust and transaction record and obtain advice from licensed trust, tax, and benefits professionals before proposing, signing, noticing, funding, confirming, or relying on a decanting.

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