Exercise of authority by trustee

  1. Law
  2. Arkansas Code
  3. Wills, Estates, and Fiduciary Relationships
  4. Fiduciary Relationships
  5. Fiduciaries Generally
  6. Trustee Division of Trusts Act
  7. Exercise of authority by trustee

Checkout our iOS App for a better way to browser and research.

  1. (a) A trustee may exercise the authority granted in this subchapter without procuring any judicial authorization or approval.

  2. (b) A trustee may exercise the authority granted in this subchapter to divide both funded and unfunded trusts, provided, however, that:

    1. (1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and

    2. (2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.


Download our app to see the most-to-date content.