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Arizona: Certification of Trust Requirements

verified against the statute 2026-07-31 2 statute sources

The short answer

Arizona lets a trustee give a nonbeneficiary a certification instead of the trust instrument. It must contain seven listed trust, settlor, trustee, power, revocability, cotrustee-authority, and title facts plus a no-change statement, and any trustee may authenticate it. A good-faith recipient may demand transaction-focused excerpts, but dispositive or named-successor-trustee excerpts require a verified statement giving a reasonable basis; actual-knowledge reliance is protected, and an improper demand may produce damages, costs, expenses, and attorney fees.

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This is the general rule in Arizona. Ezel applies current Arizona law to your specific facts and answers with citations to the statutes.

Governing law and availabilityA.R.S. § 14-11013; general certification of trust authorized
Permitted use and recipientTrustee may furnish to a person other than a beneficiary instead of the trust instrument (§ 14-11013(A))
Trust identity and party contentsMust state trust existence + execution date, settlor identity, and current trustee identity + address (§ 14-11013(A)(1)–(3))
Authority, status, and title contentsMust state trustee powers, revocability/revoker, cotrustee authority, title manner, and no-change representation (§ 14-11013(A)(4)–(7), (C))
State-specific required contentsNone beyond the seven listed facts and no-change statement; no taxpayer-number, governing-law, or situs item (§ 14-11013(A), (C))
Signer, authentication, and acknowledgmentAny trustee may sign or otherwise authenticate; no certification-specific oath, acknowledgment, notary, or witness rule (§ 14-11013(B))
Dispositive terms and permitted excerptsGood-faith recipient may demand trustee/transaction-power excerpts; dispositive or named-successor excerpts require verified reasonable-basis statement (§ 14-11013(D)–(E))
Reliance, enforcement, and improper demandsActual-knowledge protection + fact assumption; good-faith transaction enforceable; improper demand creates damages, costs, expenses + attorney fees; judicial access preserved (§ 14-11013(F)–(I))
Recording and real-property effect§ 14-11013 states no certification-specific recording permission, requirement, or real-property effect

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Requirements one by one

Arizona requires seven fact groups and a no-change statement

Under A.R.S. § 14-11013(A), the trustee may give a person other than a
beneficiary a certification instead of the trust instrument. It must state the trust's
existence and execution date, settlor identity, current trustee identity and address,
trustee powers, revocability and any revocation-power holder, cotrustee authority, and
the manner of taking title.

Subsection (C) adds the statement that no revocation, modification, or amendment
makes the certification's representations incorrect. The section does not list a tax
identification number, governing law, or situs as a required item.

Any trustee may authenticate

Section 14-11013(B) permits any trustee to sign or otherwise authenticate the
certification. It does not require every cotrustee to execute it.

That signer rule is separate from subsection (A)(6), which requires disclosure of
cotrustee authority and whether all or fewer trustees must exercise trust powers. The
section states no separate oath, acknowledgment, witness, or notarization form.

Some excerpt demands require a verified reasonable-basis statement

Section 14-11013(D) says the certification need not contain dispositive terms. Under
subsection (E), a recipient acting in good faith may require excerpts that designate
the trustee and confer power for the pending transaction.

Arizona adds a second limit. A person cannot require excerpts containing dispositive
terms or provisions about named successor trustees unless the person first gives the
trustee a verified statement stating a reasonable basis for the request.

Reliance uses actual knowledge, and improper demands carry broad remedies

Under § 14-11013(F), a person relying without actual knowledge that the certification
is incorrect is protected from liability and may assume its facts without inquiry.
Possession by the relying person—or its employees, if it acts through employees—does
not alone establish actual knowledge of the trust terms.

Subsection (G) makes a good-faith transaction enforceable against trust property.
Subsection (H) imposes damages, costs, expenses, and attorney fees when the court
finds that a demand for the instrument or excerpts lacked good faith or failed to
comply with subsection (E). Subsection (I) preserves judicial access.

The certification section states no recording effect

Section 14-11013 requires the manner of taking title as a certification fact, but it
does not itself authorize or require recording or assign a recorded certification any
notice, priority, conveyance, or other real-property effect. Separate transaction
documents may follow other statutes.

What trips people up

  • The excerpt rule is conditional. The recipient must act in good faith, and a
    request reaching dispositive or named-successor provisions needs a verified
    reasonable-basis statement first.
  • Actual knowledge is the reliance standard. Possession of the trust instrument
    by an organization or its employees does not by itself supply that knowledge.
  • The demand remedy is broader than damages alone. Subsection (H) expressly
    adds costs, expenses, and attorney fees.

Common questions

May one trustee authenticate when the trust has cotrustees?

Yes. Section 14-11013(B) permits any trustee to authenticate, although subsection
(A)(6) still requires the certification to describe cotrustee authority.

Can the recipient request a named-successor-trustee provision?

Only after first providing a verified statement that states a reasonable basis for the
request, as subsection (E) requires.

Can the complete instrument be obtained in court?

Potentially. Subsection (I) preserves the right to obtain the trust instrument or
excerpts in a judicial proceeding concerning them.

Statutes and sources

  • A.R.S. § 14-11013(A)–(E) — required contents, any-trustee
    authentication, no-change statement, omitted dispositive terms, and the verified-
    statement excerpt rule. Official Arizona Revised Statutes
    (accessed 2026-07-31).
  • A.R.S. § 14-11013(F)–(I) — actual-knowledge reliance, good-faith
    enforceability, damages, costs, expenses, attorney fees, and judicial access.
    Official Arizona Revised Statutes
    (accessed 2026-07-31).

Source links

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

A.R.S. § 14-11013(A)–(E) · accessed 2026-07-31
A.R.S. § 14-11013(F)–(I) · accessed 2026-07-31
This page is general legal information about state-law certifications of trust, not legal advice about a particular trust, trustee, beneficiary, asset, account, deed, loan, sale, title issue, tax identifier, institution request, or transaction. A certification does not itself prove that a trust was validly created, settle a trustee-authority dispute, transfer property, or satisfy every lawful disclosure or underwriting request. Requirements and reliance protections depend on the current statute, document contents, signer authority, recipient knowledge, requested excerpts, and recording context. Verified against the cited official sources on the date shown; confirm current law and obtain licensed trust and property advice before signing, demanding, relying on, or recording a certification or related instrument.

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