GroundRules
Ark. Code Ann. § 28-69-704: Exercise of authority by trustee
Where this section sits in the code
- AR Code
- Title 28
- Chapter 69
- Subchapter 7
(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. Acts 1997, No. 585, § 1.
(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.
(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.
Collected 2026-09-17T21:35:43Z. Source file · JSON
Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text. Source · License
Arkansas electronic product files were republished by Public.Resource.Org under a public-domain mark. GroundRules uses enacted text from Release 78 only as a labeled supplement to the newer Open US Law rows. Source