Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5306 - Other transfer by fiduciary(a) Irrevocable transfer by personal representative or trustee.--Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) in the absence of a will or under a will or trust that does not contain an authorization to do so.(b) Irrevocable transfer by guardian.--Subject to subsection (c), a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 5309.(c) Additional requirements for transfer.--A transfer under subsection (a) or (b) may be made only if:(1) the personal representative, trustee or guardian considers the transfer to be in the best interest of the minor;(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and(3) the transfer is authorized by the court if it exceeds $25,000 in value.1992, Dec. 16, P.L. 1163, No. 152, §10, imd. effective. Amended 1999, Oct. 12, P.L. 422, No. 39, § 8, effective in 60 days.