pursuant to the terms of the trust.
Scottsdale, Arizona Affidavit Evidencing Successor Trustee: A Comprehensive Overview Introduction: An Affidavit Evidencing Successor Trustee is a legal document utilized in Scottsdale, Arizona, to establish the appointment and authority of a successor trustee in a trust agreement. This document plays a crucial role in the smooth transfer of responsibilities from the initial trustee to the designated successor. In Scottsdale, Arizona, there are different types of Affidavits Evidencing Successor Trustee, including the Affidavit under Arizona Revised Statutes (AS) and the Affidavit for Small Estate. 1. Affidavit under Arizona Revised Statutes (AS): This type of Affidavit Evidencing Successor Trustee is governed by specific provisions under the Arizona Revised Statutes. It is used when a trustee is no longer able to fulfill their duties due to incapacity, resignation, or death. The Affidavit under AS is designed to prove the lawful appointment of the successor trustee and authorize them to carry out the trust administration. 2. Affidavit for Small Estate: The Affidavit for Small Estate is employed when a trust holds assets that fall within the limits of a small estate as defined by Arizona law. This affidavit is generally used when the total value of the assets subject to the trust is below a specified threshold, typically $75,000. It allows for a simplified and expedited probate process, relieving the successor trustee from extensive court proceedings. Key Components of a Scottsdale, Arizona Affidavit Evidencing Successor Trustee: a. Trust Identification: The affidavit begins by clearly identifying the trust, including its name, date of creation, and the jurisdiction under which it is governed (Arizona). b. Original Trustee Details: The document outlines the pertinent information of the original trustee, including their full name, date of birth, and address. c. Successor Trustee Details: The Affidavit includes comprehensive details about the successor trustee, such as their full legal name, date of birth, contact information, and address of record. d. Trust Instrument Details: It is crucial to provide information about the trust instrument itself, including the document's date and the governing parties involved. e. Legal Basis for Appointment: The Affidavit demonstrates the legal basis for the appointment of the successor trustee, referencing relevant sections of the trust instrument and Arizona law. f. Acceptance of Appointment: The successor trustee affirms their acceptance of the appointment by signing the Affidavit and acknowledging their duties, responsibilities, and legal obligations. g. Witness Signature: To ensure the document's legal validity, the Affidavit must be signed by at least one witness who is not named as a party in the trust instrument or the appointment. h. Notary Public Certification: Finally, the Affidavit requires notarization to confirm the authenticity of the signatures and affirm that the document was executed voluntarily and with the trustee's full understanding. Conclusion: The Scottsdale, Arizona Affidavit Evidencing Successor Trustee is a crucial legal document that ensures a smooth transition of trustee responsibilities in the event of incapacity, resignation, or death. In Scottsdale, Arizona, there are various types of affidavits used to evidence successor trusteeship, such as the Affidavit under AS and the Affidavit for Small Estate. Each type serves a specific purpose and helps streamline the trust administration process.
