Certificate of Trust — Arizona UTC Adopted
State-specific requirements for a Certificate of Trust in Arizona.Create yours now →
Certificate of Trust · At a glance
Arizona · summary of the record on file
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.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: No notary, witnesses, or recording are specifically required for the certification of trust itself.
- Witnesses: No notary, witnesses, or recording are specifically required for the certification of trust itself.
- Recording: No notary, witnesses, or recording are specifically required for the certification of trust itself.
- Source URL: https://www.azleg.gov/ars/14/11013.htm
- Last verified: 2026-09-17
- Legal review: Not performed
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.
How a Certificate of Trust works in Arizona
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 The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification to be incorrect.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.
When a trustee presents a certification of trust in Arizona, the recipient checks the certificate against A.R.S. ÃÂç14-11013. The statute permits a trustee to furnish a certification instead of the full trust instrument, provided the certificate identifies the trust and its execution date, the settlor, the currently acting trustee and the trustee's address, the trustee's powers, whether the trust is revocable or irrevocable and the identity of any person holding a power to revoke, the authority of cotrustees to sign and whether all or fewer than all are required, and the manner of taking title to trust property. The certification must also state that the trust has not been revoked, modified, or amended in any manner that would make the representations incorrect and the trustee must sign or authenticate it.
Common mistakes that get certificates rejected
A certification that omits the statement that the trust has not been revoked, modified, or amended in any manner that would make the representations incorrect falls short of ÃÂç14-11013's required contents. So does a certificate that leaves out the revocability statement and the identity of the person holding the power to revoke, because a title company handling a sale cannot confirm who must sign a deed without it. A certificate describing trustee powers that do not match the pending transaction, or signed by fewer than all cotrustees when the statute requires it, also fails the statute. Omitting the manner of taking title to trust property is another common error.
What makes Arizona different
Arizona's certification of trust statute, A.R.S. ÃÂç14-11013, is part of the Arizona Uniform Trust Code in Title 14, Chapter 11. The statute follows the UTC model closely. Arizona is highly favorable for dynasty trusts because A.R.S. ÃÂç14-2901 provides a 500-year perpetuities period, one of the longest in the United States. Arizona has no state estate tax and no state inheritance tax. The state does not currently authorize self-settled domestic asset protection trusts, but third-party spendthrift and asset protection trusts are well-established. Arizona's trust modification and decanting provisions are also favorable. The Arizona UTC closely tracks the uniform law with relatively few state-specific modifications The Arizona trust code provides a modern and flexible framework for trust administration, including provisions for trust modification, decanting, and nonjudicial settlement agreements that enhance the state's appeal for complex trust planning.
Frequently asked questions
Who signs a certificate of trust in Arizona?
Under A.R.S. ÃÂç14-11013(B), a certification of trust may be signed or otherwise authenticated by any trustee. The statute does not require all cotrustees to sign, though the certificate must identify the currently acting trustee and state the trustee's powers. The certificate must also state that the trust has not been revoked, modified, or amended in a manner that would cause the representations to be incorrect.
What must an Arizona certificate of trust contain?
A.R.S. ÃÂç14-11013 lists the required contents: a statement that the trust exists and the date the trust instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee, whether the trust is revocable or irrevocable and the identity of any person holding a power to revoke, the authority of cotrustees to sign and whether all or fewer than all are required, and the manner of taking title to trust property.
Can a bank in Arizona require the complete trust after receiving a certificate?
Under A.R.S. ÃÂç14-11013, 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. The statute restricts a recipient from requiring excerpts containing dispositive terms without a verified statement of reasonable basis. A person who requests the complete trust instrument without cause may face liability.
Is a certificate of trust the same as a trust agreement in Arizona?
No. A certification of trust under A.R.S. ÃÂç14-11013 is a short declaration summarizing the required contents, while the trust agreement is the full instrument containing the dispositive and distribution terms. The statute expressly provides that a certification need not contain the dispositive terms of a trust. A certificate that omits any required content does not conform to the statute A certificate that omits any required content does not conform to the statute.
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.