Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms
41 chapters · 852 sections in this title.
Ark. Code Ann. § 28-78-101 Short title. [Effective January 1, 2026.]
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This chapter may be cited as the Uniform Trust Decanting Act.
Ark. Code Ann. § 28-78-102 Definitions. [Effective January 1, 2026.]
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(1) In this chapter:(1) “Appointive property” means the property or property interest subject to a power of appointment;(2) “Ascertainable standard” means a standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Section 204…
Ark. Code Ann. § 28-78-103 Scope. [Effective January 1, 2026.]
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(a) Except as otherwise provided in subsections (b) and (c) of this section, this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest. (b) This chapter does not apply to a…
Ark. Code Ann. § 28-78-104 Fiduciary duty. [Effective January 1, 2026.]
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(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) This chapter does not create or imply a duty to exercise the decanting power or to i…
Ark. Code Ann. § 28-78-105 Application — Governing law. [Effective January 1, 2026.]
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(1) This chapter applies to a trust created before, on, or after January 1, 2026, which:(1) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or(2) Provides by its trust instrument th…
Ark. Code Ann. § 28-78-106 Reasonable reliance. [Effective January 1, 2026.]
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A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this chapter, law of this state other than this chapter, or the law of another jurisdiction is not li…
Ark. Code Ann. § 28-78-107 Notice — Exercise of decanting power. [Effective January 1, 2026.]
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(a) In this section, a notice period begins on the day notice is given under subsection (c) of this section and ends fifty-nine (59) days after the day notice is given. (b) Except as otherwise provided in this chapter, an authorized fiduciary may exercise the decanting power with…
Ark. Code Ann. § 28-78-108 Representation. [Effective January 1, 2026.]
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(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or § 28-73-301 et seq., has the same effect as notice given directly to the person represented. (b) Consent of or waiver by a person with authority to represent and bind anot…
Ark. Code Ann. § 28-78-109 Court involvement. [Effective January 1, 2026.]
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(a) On application of an authorized fiduciary, a person entitled to notice under § 28-78-107(c), a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:(1) Provide instructio…
Ark. Code Ann. § 28-78-110 Formalities. [Effective January 1, 2026.]
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(a) An exercise of the decanting power shall be made in a record signed by an authorized fiduciary. (b) The signed record shall, directly or by reference to the notice required by § 28-78-107, identify the first trust and the second trust or trusts and state the property of the f…
Ark. Code Ann. § 28-78-111 Decanting power under expanded distributive discretion. [Effective January 1, 2026.]
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(a) In this section:(1) (A) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur.(B) “Noncontingent right” does not mean a right held by a beneficiary if a person has discretion t…
Ark. Code Ann. § 28-78-112 Decanting power under limited distributive discretion. [Effective January 1, 2026.]
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(a) In this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduciary that has limited distributive discretion over the principal of the first …
Ark. Code Ann. § 28-78-113 Trust for beneficiary with disability. [Effective January 1, 2026.]
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(a) In this section:(1) “Beneficiary with a disability” means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual wh…
Ark. Code Ann. § 28-78-114 Protection of charitable interest. [Effective January 1, 2026.]
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(a) In this section:(1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held …
Ark. Code Ann. § 28-78-115 Trust limitation on decanting. [Effective January 1, 2026.]
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(a) An authorized fiduciary shall not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:(1) The decanting power; or(2) A power granted by state law to the fiduciary to distribute part or all of the principal of the trust to anot…
Ark. Code Ann. § 28-78-116 Change in compensation. [Effective January 1, 2026.]
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(a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary shall not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:(1) All qualified beneficiaries of the second trust consent to t…
Ark. Code Ann. § 28-78-117 Relief from liability and indemnification. [Effective January 1, 2026.]
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(a) Except as otherwise provided in this section, a second-trust instrument shall not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (b) A second-trust instrument may provide for indemnification of an author…
Ark. Code Ann. § 28-78-118 Removal or replacement of authorized fiduciary. [Effective January 1, 2026.]
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(1) An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless the:(1) Person holding the power consents to the modification in a signed record and the mo…
Ark. Code Ann. § 28-78-119 Tax-related limitations. [Effective January 1, 2026.]
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(a) In this section:(1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. Sections 671 through 677, as they existed on January 1, 2025, or 26 U.S.C. Section 679, as it existed on January 1, 2025;(2) “Internal Revenue Code…
Ark. Code Ann. § 28-78-120 Duration of second trust. [Effective January 1, 2026.]
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(a) Subject to subsection (b) of this section, a second trust may have a duration that is the same as or different from the duration of the first trust. (b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second tr…
Ark. Code Ann. § 28-78-121 Need to distribute not required. [Effective January 1, 2026.]
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An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
Ark. Code Ann. § 28-78-122 Saving provision. [Effective January 1, 2026.]
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(a) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust a…
Ark. Code Ann. § 28-78-123 Trust for care of animal. [Effective January 1, 2026.]
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(a) In this section:(1) “Animal trust” means a trust or an interest in a trust created to provide for the care of one or more animals; and(2) “Protector” means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in…
Ark. Code Ann. § 28-78-124 Terms of second trust. [Effective January 1, 2026.]
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A reference in the Arkansas Trust Code, § 28-73-101 et seq., to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
Ark. Code Ann. § 28-78-125 Settlor. [effective January 1, 2026.]
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(a) For purposes of law of this state other than this chapter and subject to subsection (b) of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the d…
Ark. Code Ann. § 28-78-126 Later-discovered property. [Effective January 1, 2026.]
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(a) Except as otherwise provided in subsection (c) of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acqu…
Ark. Code Ann. § 28-78-127 Obligations. [Effective January 1, 2026.]
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A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.
Ark. Code Ann. § 28-78-128 Uniformity of application and construction. [Effective January 1, 2026.]
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In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ark. Code Ann. § 28-78-129 Relation to Electronic Signatures in Global and National Commerce Act. [Effective January 1, 2026.]
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This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of t…
Ark. Code Ann. § 28-78-130 Severability. [Effective January 1, 2026.]
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…
Ark. Code Ann. § 28-78-131 [Reserved.]
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A.C.A. § 28-78-131Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 28-78-132 Effective date
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This chapter takes effect on and after January 1, 2026.