(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.
Arkansas Legal Code