Idaho § 68-1317 DISTRIBUTION ON TERMINATION

Idaho Statutes

§ 68-1317 — DISTRIBUTION ON TERMINATION

Idaho § 68-1317

Title 68TRUSTS AND FIDUCIARIES

Ch. 13IDAHO UNIFORM CUSTODIAL TRUST ACT

This text of Idaho § 68-1317 (DISTRIBUTION ON TERMINATION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 68-1317 (2026).

Text

(1)Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:

(a)To the beneficiary, if not incapacitated or deceased;

(b)To the conservator or other recipient designated by the court for an incapacitated beneficiary; or

(c)Upon the beneficiary’s death, in the following order:

(i)As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;

(ii)To the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 68-1306, Idaho Code;

(iii)As designated in the instrument creating the custodial trust; or

(iv)To the estate of the deceased beneficiary.

(2)If, when the custodial trust would otherw

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(1) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(a) To the beneficiary, if not incapacitated or deceased;
(b) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(c) Upon the beneficiary’s death, in the following order:
(i) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
(ii) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 68-1306, Idaho Code;
(iii) As designated in the instrument creating the custodial trust; or
(iv) To the estate of the deceased beneficiary.
(2) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(3) Death of the beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.