| Article 1 |
General Provisions |
|
14-1102
|
Purposes; rule of construction |
|
14-1103
|
Supplementary general principles of law applicable |
|
14-1106
|
Effect of fraud and evasion |
|
14-1107
|
Determination of death and status; rules |
| Article 2 |
Definitions |
|
14-1201
|
Definitions |
| Article 3 |
Scope, Jurisdiction and Courts |
|
14-1301
|
Territorial application |
|
14-1302
|
Subject matter jurisdiction |
|
14-1303
|
Venue; multiple proceedings; transfer |
|
14-1304
|
Practice in court |
|
14-1305
|
Records and certified copies |
|
14-1306
|
Jury trial |
|
14-1307
|
Registrar; powers |
|
14-1310
|
Oath or affirmation on filed documents |
| Article 4 |
Notice, Parties and Representation in Estate Litigation and Other Matters |
|
14-1401
|
Notice; method and time of giving |
|
14-1401.01
|
Notice to attorney general |
|
14-1402
|
Notice; waiver |
|
14-1403
|
Pleadings |
|
14-1404
|
Representation; basic effect |
|
14-1405
|
Representation by holder of general power of appointment |
|
14-1406
|
Representation by fiduciaries and parents |
|
14-1407
|
Representation by person having substantially identical interest |
|
14-1408
|
Appointment of representative |
| Article 1 |
Intestate Succession |
|
14-2101
|
Intestate estate; modification by will |
|
14-2102
|
Intestate share of surviving spouse |
|
14-2103
|
Heirs other than surviving spouse; share in estate |
|
14-2104
|
Heirs; surviving of decedent; time requirement; presumption; exception |
|
14-2105
|
Unclaimed estate; passage to state |
|
14-2106
|
Passing of estate by representation; assigning of shares; definitions |
|
14-2107
|
Kindred by half blood; right of inheritance |
|
14-2108
|
After‑born heirs; requirements |
|
14-2109
|
Advancements of property during lifetime; effect on distribution of estate |
|
14-2110
|
Debts owed to a decedent; effect on distribution of estate |
|
14-2111
|
Effect of alienage on distribution of estate |
|
14-2113
|
Heirs related to decedent through two lines; single share |
|
14-2114
|
Parent and child relationship; intestate succession; adopted children |
| Article 2 |
Waiver of Rights of Spouse |
|
14-2207
|
Rights of surviving spouse; waiver; requirements; effect |
| Article 3 |
Spouse and Children Unprovided for in Will |
|
14-2301
|
Entitlement of spouse; premarital will |
|
14-2302
|
Omitted children; shares; definition |
| Article 4 |
Exempt Property and Allowances |
|
14-2401
|
Applicable law |
|
14-2402
|
Homestead allowance |
|
14-2403
|
Exempt property; value; priority |
|
14-2404
|
Family allowance; use; length; priority; termination by death |
|
14-2405
|
Homestead; exempt property and allowances; restriction; source; determination; documentation |
| Article 5 |
Wills |
|
14-2501
|
Who may make a will |
|
14-2502
|
Execution; witnessed wills; holographic wills |
|
14-2503
|
Holographic will |
|
14-2504
|
Self‑proved wills; sample form; signature requirements |
|
14-2505
|
Witnesses; requirements |
|
14-2506
|
Execution; choice of law |
|
14-2507
|
Revocation of will; requirements |
|
14-2508
|
Change of circumstances; effect on will |
|
14-2509
|
Revoking a subsequent will; effect; reviving a revoked will; requirements |
|
14-2510
|
Incorporating outside document into a will; requirements |
|
14-2511
|
Testamentary additions to trusts; requirements; effect of revocation |
|
14-2512
|
Disposition of property by reference to acts of independent significance |
|
14-2513
|
References to separate lists; requirements |
|
14-2514
|
Contracts regarding wills; requirements; effect |
|
14-2516
|
Custodian of will; duties; liability |
|
14-2517
|
Penalty clause for contest; restriction |
| Article 6 |
Rules of Construction |
|
14-2601
|
Scope of article |
|
14-2602
|
Passage of existing and after-acquired property by will |
|
14-2603
|
Substitute gifts; class gifts; definitions |
|
14-2604
|
Failure of testamentary provision; effect |
|
14-2605
|
Securities increase in value after death; effect; exception |
|
14-2606
|
Right to specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent |
|
14-2607
|
Specific devise; nonexoneration |
|
14-2608
|
Exercise of power of appointment |
|
14-2609
|
Satisfaction of a devise during the testator's life; requirements; valuation |
| Article 7 |
Governing Instruments |
|
14-2701
|
Scope of article |
|
14-2702
|
Devisees; surviving of testator; requirement; exception |
|
14-2703
|
Choice of law; effect on governing instrument |
|
14-2704
|
Power of appointment; exercise by reference; presumption |
|
14-2705
|
Adopted children; children born out of wedlock; class gifts |
|
14-2706
|
Failure of beneficiary to survive decedent; effect; protection from liability; third parties; definitions |
|
14-2707
|
Future interests; trusts; distribution date; passage of property; alternative future interest; definitions |
|
14-2708
|
Class gifts to descendants, issue or heirs of the body; form of distribution if none specified |
|
14-2709
|
Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions |
|
14-2710
|
Worthier title doctrine; nonrecognition |
|
14-2711
|
Distribution to heirs; effect |
| Article 8 |
Disqualification |
|
14-2802
|
Effect of divorce, annulment and decree of separation |
|
14-2803
|
Murder of decedent; effect; federal law; definitions |
|
14-2804
|
Termination of marriage; effect; revocation of probate and nonprobate transfers; federal law; definitions |
| Article 9 |
Nonvested Interests |
|
14-2901
|
Nonvested property interest; general power of appointment; validity; exception |
|
14-2902
|
Nonvested property interest or power of appointment; creation |
|
14-2903
|
Reformation of a disposition plan; conditions |
|
14-2904
|
Statutory rule against perpetuities; exclusion |
|
14-2905
|
Nonvested property interest or power of appointment; creation; effective date; judicial reformation |
|
14-2906
|
Rule against perpetuities; supersession |
|
14-2907
|
Honorary trusts; trusts for pets; conditions |
| Article 1 |
General Provisions |
|
14-3101
|
Devolution of estate at death; administration on deaths of husband and wife |
|
14-3102
|
Necessity of statement or order of probate for will; exception |
|
14-3103
|
Necessity of appointment for administration |
|
14-3104
|
Claims against decedent; necessity of administration |
|
14-3105
|
Proceedings affecting devolution and administration; jurisdiction of subject matter |
|
14-3107
|
Scope of proceedings; proceedings independent; exception |
|
14-3108
|
Probate, testacy and appointment proceedings; ultimate time limit |
|
14-3109
|
Statutes of limitation on decedent's cause of action |
|
14-3110
|
Action by or against personal representative; survival of causes of action |
| Article 2 |
Venue for Probate and Administration; Priority to Administer; Demand for Notice |
|
14-3201
|
Venue for first and subsequent estate proceedings; location of property |
|
14-3202
|
Appointment or testacy proceedings; conflicting claim of domicile in another state |
|
14-3203
|
Priority among persons seeking appointment as personal representative |
|
14-3204
|
Demand for notice of order or filing concerning decedent's estate |
| Article 3 |
Informal Probate and Appointment Proceedings |
|
14-3301
|
Informal probate or appointment proceedings; application; contents |
|
14-3302
|
Informal probate; duty of registrar; effect of informal probate |
|
14-3303
|
Informal probate; proof and findings required |
|
14-3304
|
Informal probate; unavailable in certain cases |
|
14-3305
|
Informal probate; registrar not satisfied |
|
14-3306
|
Informal probate; notice requirements |
|
14-3307
|
Informal appointment proceedings; delay in order; duty of registrar; effect of appointment |
|
14-3308
|
Informal appointment proceedings; proof and findings required |
|
14-3309
|
Informal appointment proceedings; registrar not satisfied |
|
14-3310
|
Informal appointment proceedings; notice requirements |
|
14-3311
|
Informal appointment unavailable in certain cases |
| Article 4 |
Formal Testacy and Appointment Proceedings |
|
14-3401
|
Formal testacy proceedings; nature; when commenced |
|
14-3402
|
Formal testacy or appointment proceedings; petition; contents |
|
14-3403
|
Formal testacy proceeding; notice of hearing on petition |
|
14-3404
|
Formal testacy proceedings; written objections to probate |
|
14-3405
|
Formal testacy proceedings; uncontested cases; hearings and proof |
|
14-3406
|
Formal testacy proceedings; contested cases; testimony of attesting witnesses |
|
14-3407
|
Formal testacy proceedings; burdens in contested cases |
|
14-3408
|
Formal testacy proceedings; will construction; effect of final order in another jurisdiction |
|
14-3409
|
Formal testacy proceedings; order; foreign will |
|
14-3410
|
Formal testacy proceedings; probate of more than one instrument |
|
14-3411
|
Formal testacy proceedings; partial intestacy |
|
14-3412
|
Formal testacy proceedings; effect of order; vacation |
|
14-3413
|
Formal testacy proceedings; vacation of order for other cause |
|
14-3414
|
Formal proceedings concerning appointment of personal representative |
|
14-3415
|
Lost and missing wills; wills probated in other jurisdictions |
| Article 5 |
Supervised Administration |
|
14-3501
|
Supervised administration; nature of proceeding |
|
14-3502
|
Supervised administration; petition; order |
|
14-3503
|
Supervised administration; effect on other proceedings |
|
14-3504
|
Supervised administration; powers of personal representative |
|
14-3505
|
Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing |
| Article 6 |
Personal Representative; Appointment, Control and Termination of Authority |
|
14-3601
|
Qualification |
|
14-3602
|
Acceptance of appointment; consent to jurisdiction |
|
14-3603
|
Bond required; exceptions |
|
14-3604
|
Bond amount; security; procedure; reduction |
|
14-3606
|
Terms and conditions of bonds |
|
14-3607
|
Order restraining personal representative |
|
14-3608
|
Termination of appointment; general |
|
14-3609
|
Termination of appointment; death or disability |
|
14-3610
|
Termination of appointment; voluntary |
|
14-3611
|
Termination of appointment by removal; cause; procedure |
|
14-3612
|
Termination of appointment; change of testacy status |
|
14-3613
|
Successor personal representative |
|
14-3614
|
Special administrator; appointment |
|
14-3615
|
Special administrator; who may be appointed |
|
14-3616
|
Special administrator; appointed informally; powers and duties |
|
14-3617
|
Special administrator; formal proceedings; power and duties |
|
14-3618
|
Termination of appointment; special administrator |
| Article 7 |
Duties and Powers of Personal Representatives |
|
14-3701
|
Time of accrual of duties and powers |
|
14-3702
|
Priority among different letters |
|
14-3703
|
General duties; relation and liability to persons interested in estate; standing to sue |
|
14-3704
|
Personal representative to proceed without court order; exception |
|
14-3705
|
Duty of personal representative; information to heirs and devisees |
|
14-3706
|
Duty of personal representative; inventory and appraisement |
|
14-3707
|
Employment of appraisers |
|
14-3708
|
Duty of personal representative; supplementary inventory |
|
14-3709
|
Duty of personal representative; possession of estate; discovery of concealed assets |
|
14-3710
|
Power to avoid transfers; action to set aside fraudulent conveyances |
|
14-3711
|
Powers of personal representatives; in general |
|
14-3712
|
Improper exercise of power; breach of fiduciary duty |
|
14-3713
|
Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions |
|
14-3714
|
Persons dealing with personal representative; protection |
|
14-3715
|
Transactions authorized for personal representatives; exceptions |
|
14-3716
|
Powers and duties of successor personal representative |
|
14-3717
|
Co‑representatives; when joint action required |
|
14-3718
|
Powers of surviving personal representative |
|
14-3719
|
Compensation of personal representative |
|
14-3720
|
Expenses in estate litigation |
|
14-3721
|
Proceedings for review of employment of agents and compensation of personal representatives and employees of estate |
|
14-3722
|
Compensation of appointees |
| Article 8 |
Creditors' Claims |
|
14-3801
|
Notice to creditors |
|
14-3802
|
Statute of limitations |
|
14-3803
|
Limitations on presentation of claims |
|
14-3804
|
Manner of presentation of claims |
|
14-3805
|
Priority of claims |
|
14-3806
|
Allowance of claims |
|
14-3807
|
Payment of claims |
|
14-3808
|
Individual liability of personal representative |
|
14-3809
|
Secured claims |
|
14-3810
|
Claims not due and contingent or unliquidated claims |
|
14-3811
|
Counterclaims |
|
14-3812
|
Execution and levies prohibited |
|
14-3813
|
Compromise of claims |
|
14-3814
|
Encumbered assets |
|
14-3815
|
Administration in more than one state; duty of personal representative |
|
14-3816
|
Final distribution to domiciliary representative |
| Article 9 |
Special Provisions Relating to Distribution |
|
14-3901
|
Successors' rights if no administration |
|
14-3902
|
Distribution; order in which assets appropriated; abatement |
|
14-3903
|
Right of retainer |
|
14-3904
|
Interest on general pecuniary devise |
|
14-3906
|
Distribution in kind; valuation; method |
|
14-3907
|
Distribution in kind; evidence |
|
14-3908
|
Distribution; right or title of distributee |
|
14-3909
|
Improper distribution; liability of distributee |
|
14-3910
|
Purchasers from distributees or transferees protected |
|
14-3911
|
Partition for purpose of distribution |
|
14-3912
|
Private agreements among successors to decedent binding on personal representative |
|
14-3913
|
Distributions to trustee |
|
14-3914
|
Disposition of unclaimed assets |
|
14-3915
|
Distribution to person under disability |
|
14-3916
|
Community property |
| Article 10 |
Closing Estates |
|
14-3931
|
Formal proceedings terminating administration; testate or intestate; order of general protection |
|
14-3932
|
Formal proceedings terminating testate administration; order construing will without adjudicating testacy |
|
14-3933
|
Closing estates; statement of personal representative |
|
14-3934
|
Liability of distributees to claimants |
|
14-3935
|
Limitations on proceedings against personal representative |
|
14-3936
|
Limitations on actions and proceedings against distributees |
|
14-3937
|
Certificate discharging liens securing fiduciary performance |
|
14-3938
|
Subsequent administration |
| Article 11 |
Compromise of Controversies |
|
14-3951
|
Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons |
|
14-3952
|
Procedure for securing court approval of compromise |
| Article 12 |
Transfer of Title to Small Estates by Affidavit and Summary Administration Procedure |
|
14-3971
|
Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property |
|
14-3972
|
Effect of affidavit |
|
14-3973
|
Small estates; summary administrative procedure |
|
14-3974
|
Small estates; closing by sworn statement of personal representative |
| Article 1 |
Definitions |
|
14-4101
|
Definitions |
| Article 2 |
Powers of Foreign Personal Representatives |
|
14-4201
|
Payment of debt and delivery of property to domiciliary foreign personal representative without local administration |
|
14-4202
|
Payment or delivery discharges |
|
14-4203
|
Resident creditor notice |
|
14-4204
|
Proof of authority and bond |
|
14-4205
|
Powers |
|
14-4206
|
Power of representatives in transition |
|
14-4207
|
Ancillary and other local administrations; provisions governing |
| Article 3 |
Jurisdiction Over Foreign Representatives |
|
14-4301
|
Jurisdiction by act of foreign personal representative |
|
14-4302
|
Jurisdiction by act of decedent |
|
14-4303
|
Service on foreign personal representative |
| Article 4 |
Judgments and Personal Representative |
|
14-4401
|
Effect of adjudication for or against personal representative |
| Article 1 |
General Provisions |
|
14-5101
|
Definitions |
|
14-5102
|
Jurisdiction of subject matter; consolidation of proceedings |
|
14-5103
|
Facility of payment or delivery |
|
14-5104
|
Delegation of powers by parent or guardian |
|
14-5105
|
Bond of guardian |
|
14-5106
|
Disclosure requirements for proposed guardians and conservators; restrictions by local rules |
|
14-5107
|
Military member power of attorney; definition |
|
14-5108
|
Guardianship of foreign citizens |
| Article 2 |
Guardians of Minors |
|
14-5201
|
Status of guardian of minor; general |
|
14-5202
|
Testamentary appointment of guardian of minor |
|
14-5203
|
Objection by minor of fourteen or older to testamentary appointment |
|
14-5204
|
Court appointment of guardian of minor; conditions for appointment |
|
14-5205
|
Court appointment of guardian of minor; venue |
|
14-5206
|
Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints |
|
14-5207
|
Formal appointment of guardian of minor; procedure |
|
14-5208
|
Consent to service by acceptance of appointment; notice |
|
14-5209
|
Powers and duties of guardian of minor |
|
14-5210
|
Termination of appointment of guardian; general |
|
14-5211
|
Proceedings subsequent to appointment; venue |
|
14-5212
|
Resignation or removal proceedings |
| Article 3 |
Guardians of Incapacitated Persons |
|
14-5301
|
Testamentary appointment of guardian for incapacitated person |
|
14-5302
|
Venue |
|
14-5303
|
Procedure for court appointment of a guardian of an alleged incapacitated person |
|
14-5304
|
Findings; order of appointment; limitations; filing |
|
14-5305
|
Acceptance of appointment; consent to jurisdiction |
|
14-5306
|
Termination of guardianship for incapacitated person |
|
14-5307
|
Removal or resignation of guardian; termination of incapacity |
|
14-5308
|
Court appointed investigators; qualifications; duties |
|
14-5309
|
Notices in guardianship proceedings |
|
14-5310
|
Temporary guardians; appointment; notice; court appointed attorney hearings; duties |
|
14-5310.01
|
Adult protective services workers; special visitation warrants |
|
14-5311
|
Who may be guardian; priorities |
|
14-5312
|
General powers and duties of guardian |
|
14-5312.01
|
Inpatient treatment; rights and duties of ward and guardian |
|
14-5312.02
|
Conversion of guardianship for gravely disabled person; evaluation reports |
|
14-5313
|
Proceedings subsequent to appointment; venue |
|
14-5314
|
Compensation of appointees; definitions |
|
14-5315
|
Guardian reports; contents |
| Article 4 |
Protection of Property of Persons Under Disability and Minors |
|
14-5401
|
Protective proceedings |
|
14-5401.01
|
Temporary conservators; appointment; notice; hearings |
|
14-5402
|
Protective proceedings; jurisdiction of affairs of protected persons |
|
14-5403
|
Venue |
|
14-5404
|
Original petition for appointment or protective order |
|
14-5405
|
Notice in conservatorship proceedings |
|
14-5406
|
Protective proceedings; request for notice; interested person |
|
14-5407
|
Procedure concerning hearing and order on original petition |
|
14-5408
|
Permissible court orders |
|
14-5409
|
Protective arrangements and single transactions authorized |
|
14-5410
|
Who may be appointed conservator; priorities |
|
14-5411
|
Bond; exception |
|
14-5412
|
Terms and requirements of bonds |
|
14-5413
|
Acceptance of appointment; consent to jurisdiction |
|
14-5414
|
Compensation and expenses; definitions |
|
14-5414.01
|
State veterans' conservatorship fund |
|
14-5415
|
Death, resignation or removal of conservator |
|
14-5416
|
Petitions for orders subsequent to appointment |
|
14-5417
|
General duty of conservator |
|
14-5418
|
Inventory and records |
|
14-5419
|
Accounts; definition |
|
14-5420
|
Conservators; title by appointment |
|
14-5421
|
Recording of conservator's letters |
|
14-5422
|
Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions |
|
14-5423
|
Persons dealing with conservators; protection |
|
14-5424
|
Powers of conservator in administration |
|
14-5425
|
Distributive duties and powers of conservator |
|
14-5426
|
Enlargement or limitation of powers of conservator |
|
14-5427
|
Preservation of estate plan |
|
14-5428
|
Claims against protected person; enforcement |
|
14-5429
|
Personal liability of conservator |
|
14-5430
|
Termination of proceeding |
|
14-5431
|
Payment of debt and delivery of property to foreign conservator without local proceedings |
|
14-5432
|
Domiciliary foreign conservator; powers of local conservator |
|
14-5433
|
Probate fund; use |
| Article 5 |
Powers of Attorney |
|
14-5501
|
Durable power of attorney; creation; validity |
|
14-5502
|
Effect of lapse of time, disability or incapacity |
|
14-5503
|
Relation of agent to court appointed fiduciary |
|
14-5504
|
Revocation; termination; effect; notice |
|
14-5505
|
Continuance of durable powers of attorney by affidavit |
|
14-5506
|
Powers of attorney; intimidation; deception; definitions |
|
14-5507
|
Applicability of article |
| Article 6 |
Public Fiduciary |
|
14-5601
|
Establishment of office of public fiduciary; appointments; costs |
|
14-5602
|
Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition |
|
14-5603
|
Deposit of funds; investment plan |
|
14-5604
|
Claim against estate for expenses |
|
14-5605
|
Letter testamentary or of administration not required; statement to be filed; powers and duties |
|
14-5606
|
Additional powers and duties of the public fiduciary |
| Article 7 |
Fiduciaries |
|
14-5651
|
Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions |
|
14-5652
|
Attorneys; fiduciary duties |
| Article 8 |
Fiduciary Arrest Warrants |
|
14-5701
|
Fiduciary arrest warrants |
|
14-5702
|
Time and manner of execution; information |
|
14-5703
|
Procedure after arrest; payment for release from custody |
|
14-5704
|
Entry into criminal information system |
| Article 1 |
General Provisions |
|
14-6101
|
Nonprobate transfers on death; nontestamentary nature |
|
14-6102
|
Nonprobate transferees; liability for creditor claims and statutory allowances |
|
14-6103
|
Notice of death of settlor; filing claim against trust estate |
| Article 2 |
Accounts |
|
14-6201
|
Definitions |
|
14-6202
|
Application of article |
|
14-6203
|
Types of accounts; existing accounts |
|
14-6204
|
Sample forms |
|
14-6205
|
Designation of agent; authority; termination |
|
14-6206
|
Beneficial ownership; application and limitation of article |
|
14-6211
|
Ownership of accounts |
|
14-6212
|
Death of a party; rights of survivors |
|
14-6213
|
Alteration of rights |
|
14-6214
|
Accounts; transfers; nontestamentary effect |
|
14-6216
|
Community property; effect of account; right of survivorship |
|
14-6221
|
Financial institutions; types of accounts |
|
14-6222
|
Multiple party accounts; payment; proof of death and survivorship |
|
14-6223
|
Pay on death accounts; payment |
|
14-6224
|
Agency accounts; payment to designated agent |
|
14-6225
|
Payments to minors |
|
14-6226
|
Financial institutions; discharge of claims; exception |
|
14-6227
|
Financial institutions; right to setoff against account |
| Article 3 |
Securities |
|
14-6301
|
Definitions |
|
14-6302
|
Registration of securities; form |
|
14-6303
|
Registration in beneficiary form; applicable law |
|
14-6304
|
Origination of registration |
|
14-6305
|
Form of registration |
|
14-6306
|
Effect of registration |
|
14-6307
|
Ownership on death of owner |
|
14-6308
|
Registering entity; obligations; protection |
|
14-6310
|
Registrations; terms, conditions and forms |
|
14-6311
|
Application of article |
| Article 4 |
Revised Uniform Principal and Income Act |
|
14-7401
|
Definitions |
|
14-7402
|
Fiduciary duties; general principles |
|
14-7403
|
Trustee's power to adjust |
|
14-7404
|
Judicial control of discretionary powers |
|
14-7405
|
Determination and distribution of net income |
|
14-7406
|
Distribution to residuary and remainder beneficiaries |
|
14-7407
|
When right to income begins and ends |
|
14-7408
|
Apportionment of receipts and disbursements when decedent dies or income interest begins |
|
14-7409
|
Apportionment when income interest ends; definition |
|
14-7410
|
Character of receipts; definition |
|
14-7411
|
Distribution from trust or estate |
|
14-7412
|
Business and other activities conducted by trustee |
|
14-7413
|
Principal receipts |
|
14-7414
|
Rental property |
|
14-7415
|
Obligation to pay money |
|
14-7416
|
Insurance policies and similar contracts |
|
14-7417
|
Insubstantial allocations not required |
|
14-7418
|
Deferred compensation, annuities and similar payments; definition |
|
14-7419
|
Liquidating assets; definition |
|
14-7420
|
Minerals, water and other natural resources |
|
14-7421
|
Timber |
|
14-7422
|
Property not productive of income |
|
14-7423
|
Derivatives and options; definition |
|
14-7424
|
Asset-backed securities; definition |
|
14-7425
|
Disbursements from income |
|
14-7426
|
Disbursements from principal |
|
14-7427
|
Transfers from income to principal for depreciation; definition |
|
14-7428
|
Transfers from income to reimburse principal |
|
14-7429
|
Income taxes |
|
14-7430
|
Adjustments between principal and income because of taxes |
|
14-7431
|
Proposed actions; notification; definition |
| Article 5 |
Uniform Fiduciaries Act |
|
14-7501
|
Definitions |
|
14-7502
|
Application of payments made to fiduciaries |
|
14-7503
|
Transfer of negotiable instrument by fiduciary |
|
14-7504
|
Check drawn by fiduciary payable to third person |
|
14-7505
|
Check drawn by and payable to fiduciary |
|
14-7506
|
Deposit in name of fiduciary as such |
|
14-7507
|
Deposit in name of principal |
|
14-7508
|
Deposit in fiduciary's personal account |
|
14-7509
|
Deposit in names of two or more trustees |
|
14-7510
|
Cases not provided for by article |
|
14-7511
|
Uniformity of interpretation |
|
14-7512
|
Short title |
| Article 7 |
Arizona Uniform Transfers to Minors Act |
|
14-7651
|
Definitions |
|
14-7652
|
Scope and jurisdiction |
|
14-7653
|
Nomination of custodian |
|
14-7654
|
Transfer by gift or exercise of power of appointment |
|
14-7655
|
Transfer authorized by will or trust |
|
14-7656
|
Other transfer by fiduciary |
|
14-7657
|
Transfer by obligor |
|
14-7658
|
Receipt for custodial property |
|
14-7659
|
Manner of creating custodial property and effecting transfer; designation of initial custodian; control |
|
14-7660
|
Single custodianship |
|
14-7661
|
Validity and effect of transfer |
|
14-7662
|
Care of custodial property; duties of custodian |
|
14-7663
|
Powers of custodian |
|
14-7664
|
Use of custodial property |
|
14-7665
|
Custodian's expenses, compensation and bond |
|
14-7666
|
Exemption of third person from liability |
|
14-7667
|
Liability to third persons |
|
14-7668
|
Renunciation, resignation, death or removal of custodian; designation of successor |
|
14-7669
|
Accounting by and determination of liability of custodian |
|
14-7670
|
Termination of custodianship |
|
14-7671
|
Applicability |
| Article 1 |
General Provisions |
|
14-8101
|
Adult adoption; agreement; consent of spouse; court procedure; petition |
| Article 1 |
General Provisions |
|
14-9101
|
Definitions |
|
14-9102
|
Custodial trust; general |
|
14-9103
|
Custodial trustee for future payment or transfer |
|
14-9104
|
Form and effect of receipt and acceptance by custodial trustee; jurisdiction |
|
14-9105
|
Transfer to custodial trustee by fiduciary or obligor; facility of payment |
|
14-9106
|
Multiple beneficiaries; separate custodial trusts; survivorship |
|
14-9107
|
General duties of custodial trustee |
|
14-9108
|
General powers of custodial trustee |
|
14-9109
|
Use of custodial trust property |
|
14-9110
|
Determination of incapacity; effect |
|
14-9111
|
Exemption of third person from liability |
|
14-9112
|
Liability to third person |
|
14-9113
|
Declination, resignation, incapacity, death or removal of custodial trustee; designation of successor custodial trustee |
|
14-9114
|
Expenses, compensation and bond of custodial trustee |
|
14-9115
|
Reporting and accounting by custodial trustee; determination of liability of custodial trustee |
|
14-9116
|
Limitations of action against custodial trustee |
|
14-9117
|
Distribution on termination |
|
14-9118
|
Methods and forms for creating custodial trusts |
|
14-9119
|
Applicable law |
| Article 1 |
General Provisions |
|
14-10001
|
Short title |
|
14-10002
|
Definitions |
|
14-10003
|
Scope of chapter |
|
14-10004
|
Chapter supplemented by other law |
|
14-10005
|
Power to disclaim; general requirements; when irrevocable |
|
14-10006
|
Disclaimer of interest in property; definitions |
|
14-10007
|
Disclaimer of rights of survivorship in jointly held property |
|
14-10008
|
Disclaimer of interest by trustee |
|
14-10009
|
Disclaimer of power of appointment or other power not held in fiduciary capacity |
|
14-10010
|
Disclaimer by appointee, object or taker in default of exercise of power of appointment |
|
14-10011
|
Disclaimer of power held in fiduciary capacity |
|
14-10012
|
Delivery or filing; definition |
|
14-10013
|
When disclaimer barred or limited |
|
14-10014
|
Tax qualified disclaimer |
|
14-10015
|
Recording of disclaimer |
|
14-10016
|
Application to existing relationships |
|
14-10017
|
Relation to electronic signatures in global and national commerce act |
|
14-10018
|
Uniformity of application and construction |
| Article 1 |
General Provisions |
|
14-10101
|
Short title |
|
14-10102
|
Scope |
|
14-10103
|
Definitions |
|
14-10104
|
Knowledge |
|
14-10105
|
Default and mandatory rules |
|
14-10106
|
Common law of trusts; principles of equity |
|
14-10107
|
Governing law |
|
14-10108
|
Principal place of administration |
|
14-10109
|
Methods and waiver of notice |
|
14-10110
|
Others treated as qualified beneficiaries |
|
14-10111
|
Nonjudicial settlement agreements; definition |
|
14-10112
|
Rules of construction |
| Article 2 |
Judicial Proceedings |
|
14-10201
|
Role of court in administration of trust |
|
14-10202
|
Jurisdiction over trustee and beneficiary |
|
14-10203
|
Subject matter jurisdiction |
|
14-10204
|
Venue |
|
14-10205
|
Alternative dispute resolution |
| Article 3 |
Representation |
|
14-10301
|
Representation |
| Article 4 |
Creation, Validity, Modification and Termination of Trust |
|
14-10401
|
Methods of creating trust |
|
14-10402
|
Requirements for creation |
|
14-10403
|
Trusts created in other jurisdictions |
|
14-10404
|
Trust purposes |
|
14-10405
|
Charitable purposes; enforcement |
|
14-10406
|
Creation of trust induced by fraud, duress or undue influence |
|
14-10407
|
Evidence of oral trust |
|
14-10408
|
Trust for care of animal |
|
14-10409
|
Noncharitable trust without ascertainable beneficiary |
|
14-10410
|
Modification or termination of trust; proceedings for approval or disapproval |
|
14-10411
|
Modification or termination of noncharitable irrevocable trust by consent |
|
14-10412
|
Modification or termination because of unanticipated circumstances or inability to administer trust effectively |
|
14-10413
|
Cy pres |
|
14-10414
|
Modification or termination of uneconomic trust |
|
14-10415
|
Reformation to correct mistakes |
|
14-10416
|
Modification to achieve settlor's tax objectives |
|
14-10417
|
Combination and division of trusts |
|
14-10418
|
Name change |
| Article 5 |
Creditor's Claims; Spendthrift and Discretionary Trusts |
|
14-10501
|
Rights of beneficiary's creditor or assignee; exception |
|
14-10502
|
Spendthrift provision |
|
14-10503
|
Exceptions to spendthrift provision; definition |
|
14-10504
|
Discretionary trusts; effect of standard; definition |
|
14-10505
|
Creditor's claim against settlor |
|
14-10506
|
Overdue distribution; definition |
|
14-10507
|
Personal obligations of trustee |
| Article 6 |
Revocable Trusts |
|
14-10602
|
Revocation or amendment of revocable trust |
|
14-10603
|
Settlor's powers; powers of withdrawal |
|
14-10604
|
Limitation on actions contesting validity or revocable trust; distribution of trust property |
| Article 7 |
Office of Trustee |
|
14-10701
|
Accepting or declining trusteeship |
|
14-10702
|
Trustee's bond |
|
14-10703
|
Cotrustees |
|
14-10704
|
Vacancy in trusteeship; appointment of successor |
|
14-10705
|
Resignation of trustee |
|
14-10706
|
Removal of trustee |
|
14-10707
|
Delivery of property by former trustee |
|
14-10708
|
Compensation of trustee |
|
14-10709
|
Reimbursement of expenses |
| Article 8 |
Duties and Powers of Trustee and Trust Protector |
|
14-10801
|
Duty to administer trust |
|
14-10802
|
Duty of loyalty |
|
14-10803
|
Impartiality |
|
14-10804
|
Prudent administration |
|
14-10805
|
Costs of administration |
|
14-10806
|
Trustee's skills |
|
14-10807
|
Delegation by trustee |
|
14-10808
|
Powers to direct |
|
14-10809
|
Control and protection of trust property |
|
14-10810
|
Record keeping and identification of trust property |
|
14-10811
|
Enforcement and defense of claims |
|
14-10812
|
Collecting trust property |
|
14-10813
|
Duty to inform and report |
|
14-10814
|
Discretionary powers; tax savings |
|
14-10815
|
General powers of trustee |
|
14-10816
|
Specific powers of trustee |
|
14-10817
|
Distribution on termination; release of trustee |
|
14-10818
|
Trust protector |
|
14-10819
|
Trustee's special power to appoint to other trust |
|
14-10820
|
Fiduciaries; service as trustee; limitation |
| Article 9 |
Prudent Investor Rule |
|
14-10901
|
Prudent investor rule |
|
14-10902
|
Standard of care; portfolio strategy; risk and return objectives |
|
14-10903
|
Diversification |
|
14-10904
|
Duties at inception of trusteeship |
|
14-10905
|
Reviewing compliance |
|
14-10906
|
Prudent investor rule; language to invoke standard |
|
14-10907
|
Delegation of investment and management functions; duties; limitations |
|
14-10908
|
Life insurance on settlor; liability of trustee |
|
14-10909
|
Application to existing trusts |
| Article 10 |
Liability of Trustees and Rights of Persons Dealing with Trustees |
|
14-11001
|
Remedies for breach of trust |
|
14-11002
|
Damages for breach of trust |
|
14-11003
|
Damages in absence of breach |
|
14-11004
|
Attorney fees and costs |
|
14-11005
|
Limitation of action against trustee |
|
14-11006
|
Reliance on trust instrument |
|
14-11007
|
Event affecting administration or distribution |
|
14-11008
|
Exculpation of trustee |
|
14-11009
|
Beneficiary's consent, release or ratification |
|
14-11010
|
Limitation on personal liability of trustee |
|
14-11011
|
Interest as general partner |
|
14-11012
|
Protection of person dealing with trustee |
|
14-11013
|
Certification of trust |
|
14-11014
|
Total return trusts; definitions |
|
14-11015
|
Express total return unitrusts; definition |
| Article 11 |
Miscellaneous Provisions |
|
14-11101
|
Electronic records and signatures |
|
14-11102
|
Severability clause |
