§ 36C-2-209. Qualification and accounting of trustee of a testamentary trust.
§ 36C‑2‑209. Qualification and accounting of trustee of a testamentary trust.
(a) For anytestamentary trust created under a will of a decedent executed before January1, 2004, the trustee shall first qualify under the laws applicable toexecutors, and shall file in the office of the clerk of superior court of thecounty where the will is probated inventories of the assets that come into thetrustee's hands and annual and final accounts of the trust that are the same asrequired of executors and administrators. The power of the clerk of superiorcourt to enforce the filing and the clerk's duties to audit and approve thetrustee's inventories and accounts is the same as the clerk's powers and dutieswith respect to the inventories and accounts of executors and administrators.This subsection shall not apply to the extent that the will makes a differentprovision.
(b) For anytestamentary trust created under a will of a decedent executed on or afterJanuary 1, 2004, that directs the trustee to account to the clerk of superiorcourt, the trustee shall first qualify under the laws applicable to executorsand shall file in the office of the clerk of superior court of the county wherethe will is probated inventories of the assets that come into the trustee's handsand annual and final accounts of the trust that are the same as are required ofexecutors and administrators. The power of the clerk of superior court toenforce the filing and the clerk's duties to audit and approve the trustee'sinventories and accounts is the same as the clerk's powers and duties withrespect to the inventories and accounts of executors and administrators. Notrustee, including a trustee appointed by the clerk of superior court, isrequired to account to the clerk of superior court unless the will directs thatthe trustee is required to account to the clerk of superior court or unlessotherwise required by law.
(c) The AdministrativeOffice of the Courts may adopt rules regulating the registration or indexing oftestamentary trusts. (1907, c. 804; C.S., s. 51; 1961, c. 519; 1965, c. 1176, s. 1; 1973, c.1329, s. 4; 1977, c. 502, s. 2; 1985, c. 377, s. 1, 2; 2003‑261, s. 7(j);2005‑192, s. 2.)