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. 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. Acts 1997, No. 585, § 1.