Find Legal Information

59-10 Judicial Proceedings

Download pdf

CHAPTER 59-10JUDICIAL PROCEEDINGS59-10-01. (201) Role of court in administration of trust.1.The court may intervene in the administration of a trust to the extent its jurisdiction is<br>invoked by an interested person or as provided by law.2.A trust is not subject to continuing judicial supervision unless ordered by the court.3.A judicial proceeding involving a trust may relate to any matter involving the trust's<br>administration, including a request for instructions and an action to declare rights.59-10-02. (202) Jurisdiction over trustee and beneficiary.1.By accepting the trusteeship of a trust having its principal place of administration in<br>this state or by moving the principal place of administration to this state, the trustee<br>submits personally to the jurisdiction of the courts of this state regarding any matter<br>involving the trust.2.With respect to their interests in the trust, the beneficiaries of a trust having its<br>principal place of administration in this state are subject to the jurisdiction of the<br>courts of this state regarding any matter involving the trust.By accepting adistribution from the trust, the recipient submits personally to the jurisdiction of the<br>courts of this state regarding any matter involving the trust.3.This section does not preclude other methods of obtaining jurisdiction over a trustee,<br>beneficiary, or other person receiving property from the trust.59-10-03. Reserved.59-10-04. (204) Venue.1.Except as otherwise provided in subsection 2, venue for a judicial proceeding<br>involving a trust is in the county of this state in which the trust's principal place of<br>administration is or will be located and, if the trust is created by will and the estate is<br>not yet closed, in the county in which the decedent's estate is being administered.2.If a trust has no trustee, venue for a judicial proceeding for the appointment of a<br>trustee is in a county of this state in which a beneficiary resides, in a county in which<br>any trust property is located, and if the trust is created by will, in the county in which<br>the decedent's estate was or is being administered.Page No. 1Document Outlinechapter 59-10 judicial proceedings