Title 15, UNIFORM PROBATE CODE

15-7-101. Duty to register trusts. The trustee of a trust having its principal place of administration in this state shall register the trust in the court of this state at the principal place of administration. Unless otherwise designated in the trust instrument, the principal pl…

15-7-102. Registration procedures. Registration shall be accomplished by filing a statement indicating the name and address of the trustee in which it acknowledges the trusteeship. The statement shall indicate whether the trust has been registered elsewhere. The statement shall i…

15-7-103. Effect of registration. (a) By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding under 15-7-201 of this code relating to the trust that may be initiated by any inter…

15-7-104. Effect of failure to register. A trustee who fails to register a trust in a proper place as required by this Part, for purposes of any proceedings initiated by a beneficiary of the trust prior to registration, is subject to the personal jurisdiction of any court in whic…

15-7-105. Registration — Qualification of foreign trustee. A foreign corporate trustee is required to qualify as a foreign corporation doing business in this state if it maintains the principal place of administration of any trust within the state. A foreign cotrustee is not requ…

15-7-201. Court — Exclusive jurisdiction of trusts. (a) The court of registration has exclusive jurisdiction of proceedings initiated by interested parties concerning the internal affairs of trusts. Proceedings which may be maintained under this section are those concerning the a…

15-7-202. Trust proceedings — Venue. Venue for proceedings under section 15-7-201 of this Part involving registered trusts is in the place of registration. Venue for proceedings under section 15-7-201 of this Part involving trusts not registered in this state is in any place wher…

15-7-203. Trust proceedings — Dismissal of matters relating to foreign trusts. The court will not, over the objection of a party, entertain proceedings under section 15-7-201 of this Part involving a trust registered or having its principal place of administration in another stat…

15-7-204. Court — Concurrent jurisdiction of litigation involving trusts and third parties. The court of the place in which the trust is registered has concurrent jurisdiction with other courts of this state of actions and proceedings to determine the existence or nonexistence of…

15-7-205. Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. On petition of an interested person, after notice to all interested persons, the court may review the propriety of employment of any person by a trustee includin…

15-7-206. Trust proceedings — Initiation by notice — Necessary parties. Proceedings under section 15-7-201 of this Part are initiated by filing a petition in the court and giving notice pursuant to section 15-1-401 of this code to interested parties. The court may order notificat…

15-7-301. General duties not limited. Except as specifically provided, the general duty of the trustee to administer a trust expeditiously for the benefit of the beneficiaries is not altered by this code.

15-7-302. Trustee’s standard of care and performance. Except as otherwise provided by the terms of the trust, the trustee shall observe the standards in dealing with the trust assets that would be observed by a prudent man dealing with the property of another, and if the trustee …

15-7-303. Duty to inform and account to beneficiaries. The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration. In addition: (a) Within thirty (30) days after his acceptance of the trust, the trustee shall inform in writing th…

15-7-304. Duty to provide bond. A trustee need not provide bond to secure performance of his duties unless required by the terms of the trust, reasonably requested by a beneficiary or found by the court to be necessary to protect the interests of the beneficiaries who are not abl…

15-7-305. Trustee’s duties — Appropriate place of administration — Deviation. A trustee is under a continuing duty to administer the trust at a place appropriate to the purposes of the trust and to its sound, efficient management. If the principal place of administration becomes …

15-7-306. Personal liability of trustee to third parties. (a) Unless otherwise provided in the contract, a trustee is not personally liable on contracts properly entered into in his fiduciary capacity in the course of administration of the trust estate unless he fails to reveal h…

15-7-307. Limitations on proceedings against trustees after final account. Unless previously barred by adjudication, consent or limitation, any claim against a trustee for breach of trust is barred as to any beneficiary who has received a final account or other statement fully di…

15-7-308. Removal of trustee. (1) A trustee may be removed in accordance with the terms of the trust or by the court on its own initiative or on petition of a trustor, cotrustee or beneficiary. (2) The court may remove a trustee or order other appropriate relief: (a) If the trust…

15-7-401. Powers of trustees. The powers of trustees are set forth in the uniform powers of trustees act, sections 68-104 through 68-113, Idaho Code.

15-7-402. Additional powers. In addition to the powers provided for in section 15-7-401, Idaho Code, a trustee shall have the following powers: (1) To sever any trust estate on a fractional share basis into two (2) or more separate trusts for any reason. (2) To divide a trust int…

15-7-403. Appointment of trustee and letters of trusteeship. Upon application to the court in which the trust is registered in the state of Idaho, and notice to all interested parties, the court may appoint the trustee as such (or as successor trustee, if applicable). Upon filing…

15-7-501. Trust protector. (1) Definition of terms: (a) "Distribution trust advisor" means a person given authority by the trust instrument to exercise all or any portions of the powers and discretions set forth in subsection (11) of this section. (b) "Excluded fiduciary" means a…

15-7-502. Spendthrift trusts. (1) A settlor may provide in the terms of the trust that the interest of a beneficiary in the income or in the principal or in both may not be voluntarily or involuntarily transferred before payment or delivery of the interest to the beneficiary by t…

15-7-601. Purpose trusts. (1) A trust may be created for any purpose, charitable or noncharitable, under the terms of a trust agreement or will. A noncharitable trust so created is a purpose trust and shall exist to serve a purpose. (2) A purpose trust does not need a beneficiary…

15-7-701. Dry trusts. A trust shall be valid and enforceable even though it may not be funded at a given time, or from time to time, or does not have any res or corpus or otherwise contain any asset of any nature.