SECTIONS 17400-17405 - California Statutes

PROBATE CODE

SECTION 17400-17405

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) of
Part 1 of Division 6.
(3) Any other trust to which the provisions of this chapter are
made applicable by statute or trust instrument.
(b) This chapter does not prevent the transfer of the place of
administration of a trust or of trust property to another
jurisdiction by any other available means.

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 jurisdiction outside this state as provided
in this chapter.
(b) Except as otherwise provided in this chapter, proceedings
under this chapter are governed by this part.

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 in this state.
(2) The trustee, including any domiciliary trustee, who will
administer the trust or trust property in the other jurisdiction.
(b) The names, ages, and places of residence of the living
beneficiaries, as far as known to the petitioner.
(c) Whether the trustee who will administer the trust in the other
jurisdiction has agreed to accept the trust. If so, the acceptance
or a copy shall be attached as an exhibit to the petition or
otherwise filed with the court.
(d) A general statement of the qualifications of the trustee who
will administer the trust in the other jurisdiction and the amount of
fiduciary bond, if any. If the trustee is an individual, the
statement shall include the trustee's age.
(e) A general statement of the nature and value of the property of
any trust of the same settlor being administered in the other
jurisdiction by the trustee who will administer the trust in the
other jurisdiction.
(f) The name of the court, if any, having jurisdiction of the
trustee in the other jurisdiction or of its accounts or in which a
proceeding may be had with respect to administration of the trust or
the trustee's accounts.
(g) A statement of the character, condition, location, and value
of the trust property sought to be transferred.
(h) Whether there is any pending civil action in this state
against the trustee arising out of the administration of the trust
sought to be transferred.
(i) A statement of the reasons for the transfer.

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 mailed to each of the persons named in the
petition at their respective addresses as stated in the petition.
(b) Any person interested in the trust, as trustee, beneficiary,
or otherwise, may appear and file written grounds in opposition to
the petition.

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 trust to the other jurisdiction if,
after hearing, all of the following appear to the court:
(a) The transfer of the trust property to a trustee in another
jurisdiction, or the transfer of the place of administration of the
trust to another jurisdiction, will promote the best interests of the
trust and those interested in it, taking into account the interest
in the economical and convenient administration of the trust.
(b) The transfer will not violate the trust instrument.
(c) Any new trustee to whom the trust property is to be
transferred is qualified, willing, and able to administer the trust
or trust property under the trust instrument.

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 limited to, a requirement for the
substitution of a successor trustee in any pending litigation in this
state. The delivery of property in accordance with the order of the
court is a full discharge of the trustee in relation to all property
embraced in the order.