1.    Subject to subsection 3, 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 47-24.1-09, in the absence of a will or under a will or trust that does not contain an authorization to do so.

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2.    Subject to subsection 3, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 47-24.1-09.

3.    A transfer under subsection 1 or 2 may be made only if:

a.    The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor; b.    The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and

c.    The transfer is authorized by the court if it exceeds ten thousand dollars in value.