SECTIONS 17300-17304 - California Statutes

PROBATE CODE

SECTION 17300-17304

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 July 1, 1977.
(b) A trust created by a will which provides that the trust is
subject to the continuing jurisdiction of the superior court.

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 jurisdiction over the
trust for any of the purposes specified in Section 17200.

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 provided in this section.
(b) The petition for transfer shall set forth all of the
following:
(1) The name of the county to which jurisdiction over the trust is
sought to be transferred.
(2) The names, ages, and places of residence of the trustees and
all beneficiaries of the trust, so far as known to the petitioner.
(3) A brief description of the character, condition, value, and
location of property of the trust.
(4) A brief statement of the reasons for transfer.
(c) If, after hearing, it appears to the court that the transfer
of jurisdiction to the county designated in the petition or to any
other county in this state will be in the best interests of the
estate, or that economical and convenient administration of the trust
will be facilitated by the transfer, the court shall make an order
transferring jurisdiction over the trust. Upon such order, the court
clerk shall certify a copy of the order of transfer to the clerk of
the court to which jurisdiction is transferred, together with copies
of the instrument creating the trust, the decree of distribution, and
any other documents or matters of record the court determines by
order to be necessary to define the powers and duties of the trustee,
or otherwise to be necessary in connection with further
administration of the trust.
(d) The court to which jurisdiction is transferred may from time
to time require by order the filing of certified copies of additional
papers or matters of record from the court in which the decedent's
estate was administered as are required.
(e) Upon the filing of a certified copy of the order of transfer,
together with supporting documents, the court to which jurisdiction
is transferred has the same jurisdiction over the trust as the court
in which the decedent's estate was administered but for the transfer.