Certificate of Trust — Arizona UTC Adopted
State-specific requirements for a Certificate of Trust in Arizona.Create yours now →
Statutory Citation
Arizona Revised Statutes (A.R.S.) Title 14, Chapter 11 (Trusts, Estates and Protective Proceedings), §§ 14-11001 et seq. (Arizona Uniform Trust Code). Certification of trust: A.R.S. § 14-11013. Rule against perpetuities: A.R.S. §§ 14-2901 through 14-2906.
Certification Requirements
Under A.R.S. § 14-11013, instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust containing the following information: (1) That the trust exists and the date the trust instrument was executed; (2) The identity of the settlor; (3) The identity and address of the currently acting trustee; (4) The powers of the trustee; (5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; (7) The manner of taking title to trust property. The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification to be incorrect. A certification of trust need not contain the dispositive terms of a trust. A recipient acting in good faith may require the trustee to furnish copies of excerpts from the trust instrument that designate the trustee and confer power to act in the pending transaction, but may not require excerpts containing dispositive terms or named successor trustees without a verified statement of reasonable basis.
Execution Requirements
A certification of trust may be signed or otherwise authenticated by any trustee (A.R.S. § 14-11013(B)). No notary, witnesses, or recording are specifically required for the certification of trust itself. Trust instruments generally must be in writing and signed by the settlor; notarization is practical but the UTC does not impose a notarization requirement for trust creation. Real property held in trust requires recording of deeds per standard real property law.
Business Trust Treatment
Arizona does not have a specific Massachusetts/business trust statute. Business trusts (unincorporated business organizations) are treated under common law principles and general trust law in A.R.S. Title 14. Arizona recognizes trusts created for business purposes but does not provide a statutory framework for business trusts comparable to Delaware or Massachusetts. LLCs and corporations are the preferred business entities under Arizona law.
Favorable Trust Laws
Arizona is highly favorable for dynasty trusts. Under A.R.S. § 14-2901, a nonvested property interest is valid if it vests or ends within 500 years after the creation of the trust — one of the longest perpetuities periods in the U.S. Arizona has no state estate tax and no state inheritance tax. Arizona does not currently authorize self-settled domestic asset protection trusts (DAPTs), but third-party spendthrift and asset protection trusts are well-established. The 500-year period effectively allows multi-generational dynasty trusts spanning 15-20 generations.
Unique Factors
Arizona's 500-year perpetuities period (A.R.S. § 14-2901) makes it one of the most favorable states for dynasty trusts, effectively allowing perpetual or near-perpetual trusts. Arizona has no state estate or inheritance tax. The Arizona Uniform Trust Code (Title 14, Chapter 11) closely tracks the UTC with relatively few modifications. Arizona also offers favorable trust modification and decanting provisions.