reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-114 - COMMUNITY PROPERTY.

15-6-114. COMMUNITY PROPERTY. A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other arising from the express terms of the account or of the provisions of this chapter may not be altered by will.
History:
[15-6-114, added 2016, ch. 363, sec. 1, p. 1071.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 2 - PROVISIONS RELATING TO EFFECT OF DEATH › Section 15-6-201 - PROVISIONS FOR PAYMENT OR TRANSFER AT DEATH.

15-6-201. PROVISIONS FOR PAYMENT OR TRANSFER AT DEATH. (a) Any of the following provisions in an insurance policy, contract of employment, bond, mortgage, promissory note, deposit agreement, pension plan, trust agreement, conveyance, agreement to pass property at death to the surviving spouse or any other written instrument effective as a contract, gift, conveyance, or trust is deemed to be nontestamentary, and this code does not invalidate the instrument or any provision:
(1) that money or other benefits theretofore due to, controlled or owned by a decedent shall be paid after his death to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently;
(2) that any money due or to become due under the instrument shall cease to be payable in event of the death of the promisee or the promissor before payment or demand; or
(3) that any property which is the subject of the instrument shall pass to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently.
(b) Nothing in this section limits the rights of creditors under other laws of this state.
(c) In the case of agreements to pass property at death to the surviving spouse, such agreements shall be executed in writing, acknowledged or proved in the same manner as deeds to real property, contain a description of all real property, be altered or amended in the same way, and shall be revoked in the event husband and wife are subsequently divorced. The existence of such an agreement shall not affect the rights of creditors and any debt, cause of action or any obligation which could have been presented as a claim against the property of the decedent’s estate shall survive against the other parties to the agreement; statutes of limitations on any such debts, causes of action, choses in action, or other legal obligations shall continue to run as though the deceased person had survived and any action brought against the persons succeeding to such property shall be brought within the period limited for the commencement of such action, provided that recovery against the person succeeding to such property shall be limited to the fair market value of the property at the time of the death of the decedent.
(d) No such agreement shall be effective to pass title to property until it has been recorded, prior to the death of any party thereto, in the recorder’s office of the county of the domicile of the decedent and of each county in which real property described therein is located; nor shall any amendment to any such agreement be effective for any purpose until such amendment has been recorded in like manner prior to the death of any party thereto.
History:
[I.C., sec. 15-6-201, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 18, p. 319.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-301 - DEFINITIONS.

15-6-301. DEFINITIONS. In this part:
(1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(3) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(5) "Security account" means: (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death; (ii) an investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death; or (iii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.
History:
[15-6-301, added 1996, ch. 303, sec. 1, p. 996; am. 2002, ch. 122, sec. 1, p. 346.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-302 - REGISTRATION IN BENEFICIARY FORM — SOLE OR JOINT TENANCY OWNERSHIP.

15-6-302. REGISTRATION IN BENEFICIARY FORM — SOLE OR JOINT TENANCY OWNERSHIP. Only individuals whose registration of a security shows sole ownership by one (1) individual or multiple ownership by two (2) or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
History:
[15-6-302, added 1996, ch. 303, sec. 1, p. 997.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-303 - REGISTRATION IN BENEFICIARY FORM — APPLICABLE LAW.

15-6-303. REGISTRATION IN BENEFICIARY FORM — APPLICABLE LAW. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
History:
[15-6-303, added 1996, ch. 303, sec. 1, p. 997.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-304 - ORIGINATION OF REGISTRATION IN BENEFICIARY FORM.

15-6-304. ORIGINATION OF REGISTRATION IN BENEFICIARY FORM. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners in the form set forth in section 15-6-305, Idaho Code.
History:
[15-6-304, added 1996, ch. 303, sec. 1, p. 997; am. 2000, ch. 244, sec. 1, p. 680.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-305 - FORM OF REGISTRATION IN BENEFICIARY FORM.

15-6-305. FORM OF REGISTRATION IN BENEFICIARY FORM. Registration in beneficiary form shall be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
History:
[15-6-305, added 1996, ch. 303, sec. 1, p. 997; am. 2000, ch. 244, sec. 2, p. 680.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-306 - EFFECT OF REGISTRATION IN BENEFICIARY FORM.

15-6-306. EFFECT OF REGISTRATION IN BENEFICIARY FORM. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
History:
[15-6-306, added 1996, ch. 303, sec. 1, p. 997.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-307 - OWNERSHIP ON DEATH OF OWNER.

15-6-307. OWNERSHIP ON DEATH OF OWNER. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
History:
[15-6-307, added 1996, ch. 303, sec. 1, p. 998.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-308 - PROTECTION OF REGISTERING ENTITY.

15-6-308. PROTECTION OF REGISTERING ENTITY. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.
(2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this part.
(3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 15-6-307, Idaho Code, and does so in good faith reliance (i) on the registration, (ii) on this part, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part.
(4) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
History:
[15-6-308, added 1996, ch. 303, sec. 1, p. 998.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-309 - NONTESTAMENTARY TRANSFER ON DEATH.

15-6-309. NONTESTAMENTARY TRANSFER ON DEATH. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.
(2) This part does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
History:
[15-6-309, added 1996, ch. 303, sec. 1, p. 998.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-310 - TERMS, CONDITIONS AND FORMS FOR REGISTRATION.

15-6-310. TERMS, CONDITIONS AND FORMS FOR REGISTRATION. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one (1) or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.
(2) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(a) Sole owner-sole beneficiary: John S. Brown, TOD (or POD) John S. Brown Jr.
(b) Multiple owners-sole beneficiary: John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown Jr.
(c) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown Jr., SUB BENE Peter Q. Brown or John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown Jr., LDPS.
History:
[15-6-310, added 1996, ch. 303, sec. 1, p. 999.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-311 - SHORT TITLE — RULES OF CONSTRUCTION.

15-6-311. SHORT TITLE — RULES OF CONSTRUCTION. (1) This part shall be known as and may be cited as the "Uniform TOD Security Registration Act."
(2) This act shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this act among states enacting it.
(3) Unless displaced by the particular provisions of this act, the principles of law and equity supplement its provisions.
History:
[15-6-311, added 1996, ch. 303, sec. 1, p. 999.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT › Section 15-6-312 - APPLICATION OF PART.

15-6-312. APPLICATION OF PART. This part applies to registrations of securities in beneficiary form made before or after the effective date of this act, by decedents dying on or after the effective date of this act.
History:
[15-6-312, added 1996, ch. 303, sec. 1, p. 999.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP › Section 15-6-401 - COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY.

15-6-401. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY. Any estate in real property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong to the surviving spouse. An estate in community property with right of survivorship is created by a grant, transfer or devise to a husband and wife, when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship.
History:
[15-6-401, added 2008, ch. 175, sec. 1, p. 478.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP › Section 15-6-402 - TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY.

15-6-402. TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY. (1) In the case of real property owned by a husband and wife as community property with right of survivorship pursuant to section 15-6-401, Idaho Code, the right of survivorship is extinguished on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by either spouse under oath which sets forth:
(a) A stated intent by the spouse to terminate the survivorship right;
(b) A description in the instrument by which the right of survivorship was created, including the date the instrument was recorded and the county recorder’s book and page or instrument reference number; and
(c) The legal description of the real property affected by the affidavit.
The recordation shall not extinguish the community interest of either spouse.
(2) Divorce, or annulment of the marriage of, the husband and wife, unless otherwise ordered by the court in which the divorce is granted, severs the interests of the former spouses in property held by them at the time of the divorce or annulment as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common. A severance under this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied upon as evidence of ownership in the ordinary course of transactions involving that property.
History:
[15-6-402, added 2008, ch. 175, sec. 1, p. 478.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP › Section 15-6-403 - COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY.

15-6-403. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY. Any estate in personal property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong solely to the surviving spouse as a nontestamentary disposition at death. The first deceased spouse does not have a right of disposition at death of any interest in community property with right of survivorship. An estate in community property with right of survivorship is created by a written grant, transfer or devise to a husband and wife when expressly declared in the written grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by written grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife when expressly declared in the written grant, transfer or devise to be an estate in community property with right of survivorship. The grant, transfer or devise is effective upon delivery, while both husband and wife are alive, to the entity at which the personal property is held. A written grant, transfer or devise includes the making of the appropriate choice on a form from the entity at which the personal property is held.
History:
[15-6-403, added 2015, ch. 247, sec. 1, p. 1043.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP › Section 15-6-404 - TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY.

15-6-404. TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY. (1) The right of survivorship is extinguished by a document executed by either spouse that sets forth:
(a) A stated intent by the spouse to terminate the survivorship right;
(b) A description of the instrument by which the right of survivorship was created, including the date the instrument was executed; and
(c) A description of the personal property affected by the document.
The execution of the document shall not extinguish the community interest of either spouse.
(2) The right of survivorship is extinguished upon delivery, while both husband and wife are alive, of the document described in subsection (1) of this section to the entity at which the personal property is held.
(3) Divorce or annulment of the marriage of the husband and wife, unless otherwise ordered by the court in which the divorce is granted, severs the interests of the former spouses in property held by them at the time of the divorce or annulment as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common. A severance under this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied upon as evidence of ownership in the ordinary course of transactions involving that property.
(4) If both spouses are deceased and it cannot be reasonably ascertained which spouse was the first to die and which spouse survived, the right of survivorship shall be deemed terminated and the property treated as community property without the right of survivorship.
History:
[15-6-404, added 2015, ch. 247, sec. 2, p. 1044.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 1 - TRUST REGISTRATION › Section 15-7-101 - DUTY TO REGISTER TRUSTS.

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 place of administration of a trust is the trustee’s usual place of business where the records pertaining to the trust are kept, or at the trustee’s residence if he has no such place of business. In the case of co-trustees, the principal place of administration, if not otherwise designated in the trust instrument, is (1) the usual place of business of the corporate trustee if there is but one (1) corporate co-trustee, or (2) the usual place of business or residence of the individual trustee who is a professional fiduciary if there is but one (1) such person and no corporate co-trustee, and otherwise (3) the usual place of business or residence of any of the co-trustees as agreed upon by them. The duty to register under this Part does not apply to the trustee of a trust if registration would be inconsistent with the retained jurisdiction of a foreign court from which the trustee cannot obtain release.
History:
[I.C., sec. 15-7-101, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 1 - TRUST REGISTRATION › Section 15-7-102 - REGISTRATION PROCEDURES.

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 identify the trust: (1) in the case of a testamentary trust, by the name of the testator and the date and place of domiciliary probate; (2) in the case of a written inter vivos trust, by the name of each settlor and the original trustee and the date of the trust instrument; or (3) in the case of an oral trust, by information identifying the settlor or other source of funds and describing the time and manner of the trust’s creation and the terms of the trust, including the subject matter, beneficiaries and time of performance. If a trust has been registered elsewhere, registration in this state is ineffective until the earlier registration is released by order of the court where prior registration occurred, or an instrument executed by the trustee and all beneficiaries, filed with the registration in this state.
History:
[I.C., sec. 15-7-102, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 1 - TRUST REGISTRATION › Section 15-7-103 - EFFECT OF REGISTRATION.

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 [section] 15-7-201 of this code relating to the trust that may be initiated by any interested person while the trust remains registered. Notice of any proceeding shall be delivered to the trustee, or mailed to him by ordinary first class mail at his address as listed in the registration or as thereafter reported to the court and to his address as then known to the petitioner.
(b) To the extent of their interests in the trust, all beneficiaries of a trust properly registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings under section 15-7-201 of this code, provided notice is given pursuant to section 15-1-401 of this code.
History:
[I.C., sec. 15-7-103, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 1 - TRUST REGISTRATION › Section 15-7-104 - EFFECT OF FAILURE TO REGISTER.

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 which the trust could have been registered. In addition, any trustee who, within thirty (30) days after receipt of a written demand by a settlor or beneficiary of the trust, fails to register a trust as required by this chapter is subject to removal and denial of compensation or to surcharge as the court may direct unless directed not to register by all beneficiaries or as provided in section 15-1-108 of this code a person with a general power of appointment representing all the beneficiaries and acting for them. A provision in the terms of the trust purporting to excuse the trustee from the duty to register, or directing that the trust or trustee shall not be subject to the jurisdiction of the court, is ineffective.
History:
[I.C., sec. 15-7-104, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 1 - TRUST REGISTRATION › Section 15-7-105 - REGISTRATION — QUALIFICATION OF FOREIGN TRUSTEE.

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 required to qualify in this state solely because its cotrustee maintains the principal place of administration in this state. Unless otherwise doing business in this state, local qualification by a foreign trustee, corporate or individual, is not required in order for the trustee to receive distribution from a local estate or to hold, invest in, manage or acquire property located in this state, or maintain litigation. Nothing in this section affects a determination of what other acts require qualification as doing business in this state.
History:
[I.C., sec. 15-7-105, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS › Section 15-7-201 - COURT — EXCLUSIVE JURISDICTION OF TRUSTS.

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 administration and distribution of trusts, the declaration of rights and the determination of other matters involving trustees and beneficiaries of trusts. These include, but are not limited to, proceedings to:
(1) appoint or remove a trustee;
(2) review trustees’ fees and to review and settle interim or final accounts;
(3) ascertain beneficiaries, to determine any question arising in the administration or distribution of any trust including questions of construction of trust instruments, to instruct trustees, and to determine the existence or nonexistence of any immunity, power, privilege, duty or right; and
(4) release registration of a trust.
(b) Neither registration of a trust nor a proceeding under this section results in continuing supervisory proceedings. The management and distribution of a trust estate, submission of accounts and reports to beneficiaries, payment of trustee’s fees and other obligations of a trust, acceptance and change of trusteeship, and other aspects of the administration of a trust shall proceed expeditiously consistent with the terms of the trust, free of judicial intervention and without order, approval or other action of any court, subject to the jurisdiction of the court as invoked by interested parties or as otherwise exercised as provided by law.
History:
[I.C., sec. 15-7-201, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS › Section 15-7-202 - TRUST PROCEEDINGS — VENUE.

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 where the trust properly could have been registered, and otherwise by the rules of civil procedure.
History:
[I.C., sec. 15-7-202, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS › Section 15-7-203 - TRUST PROCEEDINGS — DISMISSAL OF MATTERS RELATING TO FOREIGN TRUSTS.

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 state, unless (1) when all appropriate parties could not be bound by litigation in the courts of the state where the trust is registered or has its principal place of administration or (2) when the interests of justice otherwise would seriously be impaired. The court may condition a stay or dismissal of a proceeding under this section on the consent of any party to jurisdiction of the state in which the trust is registered or has its principal place of business, or the court may grant a continuance or enter any other appropriate order.
History:
[I.C., sec. 15-7-203, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS › Section 15-7-204 - COURT — CONCURRENT JURISDICTION OF LITIGATION INVOLVING TRUSTS AND THIRD PARTIES.

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 trusts created other than by will, of actions by or against creditors or debtors of trusts, and of other actions and proceedings involving trustees and third parties. Venue is determined by the rules generally applicable to civil action.
History:
[I.C., sec. 15-7-204, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS › Section 15-7-205 - PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND REVIEW OF COMPENSATION OF TRUSTEE AND EMPLOYEES OF TRUST.

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 including any attorney, auditor, investment advisor or other specialized agent or assistant, and the reasonableness of the compensation of any person so employed, and the reasonableness of the compensation determined by the trustee for his own services. Any person who has received excessive compensation from a trust may be ordered to make appropriate refunds.
History:
[I.C., sec. 15-7-205, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS › Section 15-7-206 - TRUST PROCEEDINGS — INITIATION BY NOTICE — NECESSARY PARTIES.

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 notification of additional persons. A decree is valid as to all who are given notice of the proceeding though fewer than all interested parties are notified.
History:
[I.C., sec. 15-7-206, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-301 - GENERAL DUTIES NOT LIMITED.

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.
History:
[I.C., sec. 15-7-301, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-302 - TRUSTEE’S STANDARD OF CARE AND PERFORMANCE.

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 has special skills or is named trustee on the basis of representations of special skills or expertise, he is under a duty to use those skills.
History:
[I.C., sec. 15-7-302, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-303 - DUTY TO INFORM AND ACCOUNT TO BENEFICIARIES.

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 the current beneficiaries and if possible, one (1) or more persons who under section 15-1-403 of this code may represent beneficiaries with future interests, of the court in which the trust is registered and of his name and address.
(b) Upon reasonable request, the trustee shall provide the beneficiary with a copy of the terms of the trust which describe or affect his interest and with relevant information about the assets of the trust and the particulars relating to the administration.
(c) Upon reasonable request, a beneficiary is entitled to a statement of the accounts of the trust annually and on termination of the trust or change of the trustee.
History:
[I.C., sec. 15-7-303, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-304 - DUTY TO PROVIDE BOND.

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 able to protect themselves and whose interests otherwise are not adequately represented. On petition of the trustee or other interested person the court may excuse a requirement of bond, reduce the amount of the bond, release the surety, or permit the substitution of another bond with the same or different sureties. If bond is required, it shall be filed in the court of registration or other appropriate court in amounts and with sureties and liabilities as provided in sections 15-3-604 and 15-3-606 of this code relating to bonds of personal representatives.
History:
[I.C., sec. 15-7-304, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-305 - TRUSTEE’S DUTIES — APPROPRIATE PLACE OF ADMINISTRATION — DEVIATION.

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 inappropriate for any reason, the court may enter any order furthering efficient administration and the interests of beneficiaries, including, if appropriate, release of registration, removal of the trustee and appointment of a trustee in another state. Trust provisions relating to the place of administration and to changes in the place of administration or of trustee control unless compliance would be contrary to efficient administration or the purposes of the trust. Views of adult beneficiaries shall be given weight in determining the suitability of the trustee and the place of administration.
History:
[I.C., sec. 15-7-305, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-306 - PERSONAL LIABILITY OF TRUSTEE TO THIRD PARTIES.

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 his representative capacity and identify the trust estate in the contract.
(b) A trustee is personally liable for obligations arising from ownership or control of property of the trust estate or for torts committed in the course of administration of the trust estate only if he is personally at fault.
(c) Claims based on contracts entered into by a trustee in his fiduciary capacity, on obligations arising from ownership or control of the trust estate, or on torts committed in the course of trust administration may be asserted against the trust estate by proceeding against the trustee in his fiduciary capacity, whether or not the trustee is personally liable therefor.
(d) The question of liability as between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.
History:
[I.C., sec. 15-7-306, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-307 - LIMITATIONS ON PROCEEDINGS AGAINST TRUSTEES AFTER FINAL ACCOUNT.

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 disclosing the matter and showing termination of the trust relationship between the trustee and the beneficiary unless a proceeding to assert the claim is commenced within six (6) months after receipt of the final account or statement. In any event and notwithstanding lack of full disclosure a trustee who has issued a final account or statement received by the beneficiary and has informed the beneficiary of the location and availability of records for his examination is protected after three (3) years. A beneficiary is deemed to have received a final account or statement if, being an adult, it is received by him personally or if, being a minor or disabled person, it is received by his representative as described in subsections (a)(1) and (2)[(a) and (b)] of section 15-1-403 of this code.
History:
[I.C., sec. 15-7-307, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 3 - DUTIES AND LIABILITIES OF TRUSTEES › Section 15-7-308 - REMOVAL OF TRUSTEE.

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 trustee has committed a material breach of trust;
(b) If the trustee is unfit or unable to administer the trust;
(c) If lack of cooperation among cotrustees substantially impairs the administration of the trust;
(d) If the investment decisions of the trustee, although not constituting a breach of trust, have resulted in investment performance persistently and substantially below those of comparable trusts;
(e) If, because of changed circumstances, removal of the trustee would substantially further the trustor’s purpose in creating the trust; or
(f) For other good cause shown.
(3) Pending a final decision on the petition to remove the trustee, the court may order such appropriate relief as may be necessary to protect the trust property or the interests of the beneficiaries.
History:
[15-7-308, added 2000, ch. 157, sec. 1, p. 400.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 4 - POWERS OF TRUSTEES › Section 15-7-401 - POWERS OF TRUSTEES.

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.
History:
[I.C., sec. 15-7-401, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 4 - POWERS OF TRUSTEES › Section 15-7-403 - APPOINTMENT OF TRUSTEE AND LETTERS OF TRUSTEESHIP.

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 of an acceptance of the duties of the office of trustee by the trustee, containing the oath of the trustee to the effect that the trustee will perform the duties of his office according to the law, letters of trusteeship shall be issued, evidencing the authority of the trustee. Such letters may be recorded in the office of the county recorder in any county in which property held by the trust is located and, from the time of filing of such letters for record, notice is imparted to all persons of the contents of such letters of trusteeship. The application to the court shall contain at least the following:
(1) A statement of the interest of the applicant in the matter, including the priority of the person whose appointment is sought and a statement of the names and addresses and priority for appointment of any other persons having a prior or equal right to the appointment under law or the terms of the trust;
(2) A description of the trust;
(3) A statement identifying and indicating the address of any existing trustee of the trust whose appointment has not been terminated;
(4) The name and address of the person or entity for whom appointment is sought;
(5) A statement identifying and indicating the address of all current and contingent beneficiaries of the trust, and the ages of any such beneficiaries that are minors;
(6) A statement that a copy of the trust is either in the possession of the court or accompanies the application, or that copies of portions of the trust accompany the application showing:
(a) The grantor and original trustee of the trust,
(b) Any language regarding the appointment of an original or successor trustee, including any limitations thereon,
(c) The signature page(s) of the trust,
(d) Any amendments to the trust which relate to the appointment of an original or successor trustee, including any limitations thereon;
(7) A statement that, after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the trust;
(8) If the application is for appointment of a successor trustee, a statement of the method of termination of the appointment of the prior trustee and the effective date thereof and that copies of any documents relating thereto are in the possession of the court or accompany the application.
History:
[15-7-403, added 1998, ch. 80, sec. 1, p. 286; am. 2004, ch. 55, sec. 3, p. 258.]