Arkansas § 28-69-704 Exercise of authority by trustee

Arkansas Statutes

§ 28-69-704 — Exercise of authority by trustee

Arkansas § 28-69-704

Title28

This text of Arkansas § 28-69-704 (Exercise of authority by trustee) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-69-704 (2026).

Text

(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.

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(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.