(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(1) to the beneficiary, if not incapacitated or deceased;
(2) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(3) upon the beneficiary's death, in the following order:
(b) 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.
(c) Death of a 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.
(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 § 28-72-406;
(iii) as designated in the instrument creating the custodial trust; or
(iv) to the estate of the deceased beneficiary.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 72 - Particular Trusts
Subchapter 4 - Arkansas Custodial Trust Act
§ 28-72-402. Custodial trust — General
§ 28-72-403. Custodial trustee for future payment or transfer
§ 28-72-404. Form and effect of receipt and acceptance by custodial trustee — Jurisdiction
§ 28-72-405. Transfer to custodial trustee by fiduciary or obligor — Facility of payment
§ 28-72-406. Multiple beneficiaries — Separate custodial trusts — Survivorship
§ 28-72-407. General duties of custodial trustee
§ 28-72-408. General powers of custodial trustee
§ 28-72-409. Use of custodial trust property
§ 28-72-410. Determination of incapacity — Effect
§ 28-72-411. Exemption of third person from liability
§ 28-72-412. Liability to third person
§ 28-72-414. Expenses, compensation, and bond of custodial trustee
§ 28-72-416. Limitations of action against custodial trustee
§ 28-72-417. Distribution on termination
§ 28-72-418. Methods and forms for creating custodial trusts