(1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which the trust is to be administered provides for registration and that the trustee inform the qualified beneficiaries as described in Section 75B-2-811. (2) If the trust instrument does not excuse the trustee from giving bond, the personal representative may: (a) petition the appropriate court to require that the trustee post bond if the trustee apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves; and (b) withhold distribution until the court has acted. (3) No inference of negligence on the part of the personal representative shall be drawn from the personal representative's failure to exercise the authority conferred by Subsections (1) and (2).
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