A transfer under subdivisions (1) or (2) may be made only if the personal representative, trustee or conservator considers the transfer to be in the best interest of the minor, the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument and the transfer is authorized by the court if it exceeds ten thousand dollars in value; and:

(1) 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 § 55-10A-9, in the absence of a will or under a will or trust that does not contain an authorization to do so; or

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(2) A conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 55-10A-9.

Source: SL 1986, ch 409, § 6.