Arkansas Code
Subchapter 7 - Trustee Division of Trusts Act
§ 28-69-704. Exercise of authority by trustee

(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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