1. (1) Subject to Subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under Section 75A-8-110, in the absence of a will or under a will or trust that does not contain an authorization to do so.
2. (2) Subject to Subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 75A-8-110.

3. (3) A transfer under Subsection 75A-8-110(1) or (2) may be made only if:

   1. (a) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
   2. (b) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, as defined in Section 75-1-201; and
   3. (c) the transfer is authorized by the court, if it exceeds $10,000 in value.

Renumbered and Amended by Chapter 364, 2024 General Session