SECTIONS 17450-17457 - California Statutes

PROBATE CODE

SECTION 17450-17457

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 the place of
administration of a trust or of trust property to this state by any
other available means.

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 some or all of the trust property in
another jurisdiction to a trustee in this state as provided in this
chapter.
(b) Except as otherwise provided in this chapter, proceedings
under this chapter are governed by this part.

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 principal place of administration of the
trust pursuant to Section 17002 is located.
(b) If the petition requests that only a nonresident of this state
be appointed trustee, the petition shall be filed in the court of
the county where either (1) any beneficiary resides or (2) a
substantial portion of the trust property to be transferred is
located or will be located.

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 in the other jurisdiction.
(2) The proposed trustee to whom administration of the trust or
trust property will be transferred.
(b) The names, ages, and places of residence of all living
beneficiaries, as far as known to the petitioner.
(c) Whether administration of the trust has been subject to
supervision in a jurisdiction outside this state. If so, the petition
shall state whether a petition or appropriate request for transfer
of place of administration of the trust or trust property to this
state has been filed, if necessary, with the court in the other
jurisdiction, and the status of the petition or request.
(d) Whether the trustee proposed to administer the trust in this
state has agreed to accept the trust in this state. If the trustee
has agreed, the acceptance shall be attached as an exhibit to the
petition or otherwise filed with the court.
(e) A general statement of the qualifications of the trustee
proposed to administer the trust in this state and the amount of any
bond to be requested. If the trustee is an individual, the statement
shall include the trustee's age.
(f) A copy of the trust instrument or a statement of the terms of
the trust instrument in effect at the time the petition is filed,
including all amendments thereto.
(g) A statement of the character, condition, location, and value
of the trust property sought to be transferred.
(h) A statement of the reasons for the transfer.

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 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.

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 this state and appoint a trustee to
administer the trust in this state, if, after hearing, all of the
following appear to the court:
(1) The transfer of the trust property to a trustee in this state,
or the transfer of the place of administration of the trust to this
state, 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.
(2) The transfer will not violate the trust instrument.
(3) The trustee appointed by the court to administer the trust in
this state, and 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.
(4) The proper court in the other jurisdiction has approved the
transfer if approval is necessary under the law of the other
jurisdiction.
(b) If the court grants the petition under subdivision (a), the
court shall require the trustee to give a bond, if necessary under
the law of the other jurisdiction or of this state, and may require
bond as provided in Section 15602.

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 appointing a trustee to administer the
trust in this state and indicating that transfer to this state will
be accepted if transfer is approved by the proper court of the other
jurisdiction.

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 of a trust and the construction
of the beneficial provisions of a trust transferred to this state are
not affected by this section.