(a) A trustee may exercise the authority granted in this subchapter without procuring any judicial authorization or approval.
(b) A trustee may exercise the authority granted in this subchapter to divide both funded and unfunded trusts, provided, however, that:
(1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and
(2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.
Section: Previous 28-69-702 28-69-703 28-69-704 28-69-705 28-69-706 NextLast modified: November 15, 2016