§ 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. (1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and

2. (2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.