Arizona · A.R.S. §14-11013Arizona certification of trust: what a trustee gives the title company instead of the trust

Instead of furnishing a copy of the trust instrument to someone other than a beneficiary, an Arizona trustee may provide a certification of trust stating that the trust exists and the date it was signed, the settlor, the currently acting trustee and that trustee's address, the trustee's powers, whether the trust is revocable and who can revoke it, the cotrustees' authority to sign and whether all must act, and how title to trust property is taken (A.R.S. §14-11013(A)). Any trustee may sign it, it must state that the trust hasn't been revoked, modified or amended in a way that would make it incorrect, and it needn't contain the dispositive terms (§14-11013(B)–(D)). A recipient acting in good faith may ask for the excerpts that name the trustee and give the power to act in the pending transaction, but may ask for dispositive terms or successor-trustee provisions only with a verified statement of a reasonable basis (§14-11013(E)). A person who relies on the certification without actual knowledge that it's wrong isn't liable and may assume its facts without inquiry, and may enforce the transaction against the trust property as if the certification were correct (§14-11013(F)–(G)). Someone who demands the trust instrument beyond that, not in good faith, is liable for damages, costs and attorney fees (§14-11013(H)).