Uniform trust decanting act and trustee duties.
Summary
Allows a trustee of an irrevocable trust to appoint a successor trustee or multiple trustees. Provides that a trustee's power to appoint a successor trustee includes the power to allocate trustee powers to one or more trustees. Enacts the uniform trust decanting act. Creates a definition of the decanting power to include a power by a trustee to make limited modifications to an irrevocable trust, including an asset transfer to a new trust. Requires that a modification be consistent with a settlor's or charitable organization's intent. Permits the trustee of an existing trust to make modifications to or distributions from an existing trust for the benefit of a disabled beneficiary. Prohibits a trustee from being required to decant. Requires advanced notice to all qualified beneficiaries. Provides that the decanting power of an authorized fiduciary is not precluded by certain terms. (The introduced version of this bill was prepared by the Probate Code Commission.)
Bill status
signed
all 5 stages cleared
Introduction
Feb 2022
Committee Review
Feb 2022
House Passage
Jan 2022
Senate Passage
Feb 2022
Signed into Law
Mar 2022
Introduced Feb 21, 2022
Signed Mar 18, 2022
Floor votes · Senate Feb 15, 2022
How they voted
44–0
Passed · 3 other
Total votes 47
Feb 15, 2022
D
Democratic11
72% Yea
R
Republican36
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
5
Committee
3
Amendments
2
Mar 18, 2022
Signed into law
Signed by the Governor
executive
Feb 22, 2022
Amended
House concurred in Senate amendments; Roll Call 246: yeas 92, nays 0
lower
Feb 21, 2022
Introduced
Motion to concur filed
lower
Feb 16, 2022
Amended
Returned to the House with amendments
upper
Feb 15, 2022
Upper · Passed
Third reading: passed; Roll Call 201: yeas 47, nays 0
upper
Feb 10, 2022
Upper · Passed
Committee report: amend do pass, adopted
upper
Jan 21, 2022
Committee
Referred to the Senate
lower
Jan 20, 2022
Lower · Passed
Third reading: passed; Roll Call 50: yeas 84, nays 0
lower
Jan 13, 2022
Lower · Passed
Committee report: do pass, adopted
lower
3 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Aaron Freeman
RRepublican
P
Eric Koch
RRepublican
P
JY
John Young
RRepublican
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