Declaration of Trust — Arizona UTC Adopted
State-specific requirements for creating a Declaration 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
Governing Statute
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.
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.
Certification of Trust in Arizona
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.
Already have a trust? You may also need a Certificate of Trust for Arizona to prove its existence to banks and institutions.
How a Declaration of Trust works in Arizona
A declaration of trust in Arizona is the written instrument that creates a trust under the Arizona Uniform Trust Code (A.R.S. Title 14, Chapter 11). The settlor states an intent to hold property for named beneficiaries and appoints a trustee to manage it. The trust is created when the settlor transfers property to another person as trustee, declares that the settlor holds identifiable property as trustee, or exercises a power of appointment in favor of a trustee. The instrument must be in writing and signed by the settlor. Arizona does not require witnesses or notarization for trust validity, though notarization is practical. Real property held in trust requires recording of deeds per standard real property law. A successor trustee named in the document takes over if the acting trustee steps down, becomes incapacitated, or dies. When proof of the trust is needed, A.R.S. § 14-11013 lists what a certification of trust may contain.
Frequently asked questions
Does an Arizona declaration of trust need to be notarized or witnessed?
Under the Arizona Uniform Trust Code, the trust instrument must be signed by the settlor. Witnesses are not required, and notarization is not required for the trust instrument itself. Notarization or an acknowledgment may still be required for recording purposes, such as real property transactions or a certificate of trust. Arizona also recognizes electronic-only trusts under the UTC framework, which allows the signed instrument to exist without a paper copy.
How long can an Arizona trust last?
Arizona permits 500-year 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. This is one of the longest perpetuities periods in the United States, effectively allowing multi-generational dynasty trusts spanning 15 to 20 generations. Arizona has no state estate tax and no state inheritance tax.
What goes in a certification of trust under A.R.S. § 14-11013?
The statute lists the contents: that the trust exists and the date the 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 and who holds the power to revoke, cotrustee signing authority, and the name in which title to trust assets is held. The certification must also state that the trust has not been revoked, modified, or amended in a manner that would cause the representations to be incorrect.
How does Arizona treat business trusts?
Arizona does not have a specific Massachusetts or business trust statute. Business trusts are treated as unincorporated business associations created under a written trust instrument with transferable beneficial interests. The UTC explicitly excludes business trusts from the definition of trust under the Probate Code. Arizona recognizes trusts created for business purposes but does not provide a statutory framework for business trusts comparable to Delaware or Massachusetts.
Common mistakes
Common issues include assuming Arizona law requires witnesses or notarization for the trust instrument itself (it requires neither, though recording-related steps such as deeds or certificates of trust may call for an acknowledgment), and leaving the trust unfunded so that property never actually moves into it through a new deed or retitled accounts. Another frequent mix-up is treating a business trust like a family trust: Arizona does not have a specific business trust statute and business trusts are governed by common law. People also assume asset-protection provisions apply on their own; Arizona does not currently authorize self-settled domestic asset protection trusts, though third-party spendthrift and asset protection trusts are well-established.
Arizona notes
Arizona operates under the Arizona Uniform Trust Code, A.R.S. Title 14, Chapter 11, and the state has a 500-year perpetuities period under A.R.S. § 14-2901. Certification of trust contents are set by § 14-11013, and a third party may require the trustee to furnish excerpts from the trust instrument. Arizona levies no state estate tax and no state inheritance tax. The state allows dynasty trusts of up to 500 years, making it one of the most favorable jurisdictions for multi-generational wealth transfer. Arizona does not authorize self-settled domestic asset protection trusts but supports third-party spendthrift trusts. The Arizona UTC closely tracks the model UTC with relatively few modifications. Arizona also offers favorable trust modification and decanting provisions, and the state's no-tax environment makes it attractive for trust situs planning.