HB 2403 Summary

• Amends burden of proof standards in probate matters, requiring proponents of governing instruments to establish prima facie proof of due execution, while presuming capacity and freedom from undue influence unless challenged.

• Modifies undue influence presumptions for governing instruments when a person with a confidential relationship to the creator was active in procuring execution or when the preparer is a principal beneficiary, allowing beneficiaries to overcome these presumptions by preponderance of evidence.

• Expands trustee jurisdiction in Arizona by allowing trustees to declare that a trust is subject to Arizona court jurisdiction even when proceedings are not pending, and clarifies that beneficiaries accepting distributions submit to court jurisdiction.

• Protects discretionary trust distributions from creditor claims, except for child support obligations, and exempts special needs trust distributions from creditor reach.

• Permits trustees to exercise discretion to appoint trust estate to other trusts through restatement, modifies total return unitrust notice requirements by replacing specific beneficiary categories with "qualified beneficiaries," and clarifies separate property treatment for irrevocable life insurance trusts and transfer-on-death vehicle provisions.