RS 9:2235 Proper court - Louisiana Statutes

§2235.  Proper court

The proper court for an action under this Chapter shall be determined as follows:

A.(1)  In the case of an inter vivos trust, the proper court shall be the district court of any parish that the trust instrument effectively designates as the proper court.

(2)  If the trust instrument fails to designate a proper court for an inter vivos trust, any of the following are proper courts:

(a)  The district court of the parish in which a settlor was domiciled when the trust was created.

(b)  If the trust has a trustee domiciled in Louisiana, the district court of the parish in which a trustee is domiciled.

(c)  If the trust has no trustee domiciled in Louisiana, the district court in which the agent for service of process of any nonresident trustee is domiciled.

(3)  If the trust instrument fails to designate a proper court for an inter vivos trust, and none of the courts specified in Paragraph (2) of this Subsection are available, the proper court shall be the Nineteenth Judicial District Court.

B.  In the case of a testamentary trust, the proper court shall be the district court of the parish having jurisdiction over the settlor's succession, which shall continue as the proper court unless the settlor in the trust instrument has designated a proper court.  In that event, the settlor's designation shall be effective after the trustee is put into possession of the entire legacy.

C.  The foregoing notwithstanding, in the case of a testamentary trust after the trustee is put into possession of the entire legacy, and in the case of any inter vivos trust, the proper court shall be any court agreed to by all trustees, beneficiaries, and living settlors.

D.  Once a matter regarding an inter vivos trust has been litigated in a district court, that court shall continue as the sole proper court absent the agreement described in Subsection C of this Section.

E.  Amendments to a trust instrument that attempt to designate a proper court after institution of an action shall have no effect on the selection of the proper court.

Acts 2010, No. 390, §1.