PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000. - 17457.]
Part 5 enacted by Stats. 1990, Ch. 79.
§§ 17000–17457 · 45 sections
CHAPTER 1. Jurisdiction and Venue §§ 17000–17006 · 7 sections
- § 17000 (a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of…
- § 17001 In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.
- § 17002 (a) The principal place of administration of the trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or its…
- § 17003 Subject to Section 17004: (a) By accepting the trusteeship of a trust having its principal place of administration in this state the trustee submits personally…
- § 17004 The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
- § 17005 (a) The proper county for commencement of a proceeding pursuant to this division is either of the following: (1) In the case of a living trust, the county…
- § 17006 There is no right to a jury trial in proceedings under this division concerning the internal affairs of trusts.
CHAPTER 2. Notice §§ 17100–17105 · 2 sections
- § 17100 Except as otherwise provided in this division, notice in proceedings commenced pursuant to this division, or notice otherwise required by this division, is…
- § 17105 A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need for a court order.
CHAPTER 3. Proceedings Concerning Trusts §§ 17200–17211 · 12 sections
- § 17200 (a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the…
- § 17200.1 All proceedings concerning the transfer of property of the trust shall be conducted pursuant to the provisions of Part 19 (commencing with Section 850) of…
- § 17201 A proceeding under this chapter is commenced by filing a petition stating facts showing that the petition is authorized under this chapter. The petition shall…
- § 17201.1 A petitioner in a proceeding under Section 17200 may commence discovery upon a trustee in accordance with the same time periods set forth in the Civil…
- § 17202 The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or…
- § 17203 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215…
- § 17204 (a) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are…
- § 17205 If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner’s counsel…
- § 17206 The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including…
- § 17209 The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.
- § 17210 In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
- § 17211 (a) If a beneficiary contests the trustee’s account and the court determines that the contest was without reasonable cause and in bad faith, the court may…
CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction §§ 17300–17354 · 10 sections
ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction §§ 17300–17304 · 5 sections
- § 17300 This article applies only to the following: (a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in a will on or after…
- § 17301 If a trust described in Section 17300 continues after distribution of the decedent’s estate, the court in which the decedent’s estate was administered retains…
- § 17302 Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part.
- § 17303 This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction.
- § 17304 (a) At any time after final distribution of the decedent’s estate, a trust described in Section 17300 may be transferred to a different county in this state as…
ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction §§ 17350–17354 · 5 sections
- § 17350 This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977.
- § 17351 (a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided…
- § 17352 (a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with…
- § 17353 If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court jurisdiction because it…
- § 17354 After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust to be…
CHAPTER 5. Transfer of Trust to Another Jurisdiction §§ 17400–17405 · 6 sections
- § 17400 (a) This chapter applies to all of the following: (1) A trust that is subject to this division. (2) A trust subject to Chapter 8 (commencing with Section 6320)…
- § 17401 (a) The court may make an order for the transfer of the place of administration of a trust or the transfer of some or all of the trust property to a…
- § 17402 The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust…
- § 17403 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be…
- § 17404 The court may, in its discretion, grant the petition and order the trustee to transfer the trust property or to transfer the place of administration of the…
- § 17405 If a transfer is ordered under this chapter, the court may direct the manner of transfer and impose terms and conditions as may be just, including, but not…
CHAPTER 6. Transfer of Trust From Another Jurisdiction §§ 17450–17457 · 8 sections
- § 17450 (a) This chapter applies to a trust, or portion thereof, administered in a jurisdiction outside this state. (b) This chapter does not prevent the transfer of…
- § 17451 (a) The court may make an order accepting the transfer of the place of administration of a trust from another jurisdiction to this state or the transfer of…
- § 17452 (a) If the petition requests that a resident of this state be appointed trustee, the petition shall be filed in the court of the county where the proposed…
- § 17453 The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust…
- § 17454 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be…
- § 17455 (a) The court may, in its discretion, grant the petition and issue an order accepting transfer of trust property or the place of administration of the trust to…
- § 17456 If appropriate to facilitate transfer of the trust property or the place of administration of a trust to this state, the court may issue a conditional order…
- § 17457 A trust transferred to this state pursuant to this chapter shall be administered in the same manner as a trust of that type created in this state. The validity…