Jurisdiction for Trust Law Proceedings

Division 9, Part 5 of the Probate Code deals with judicial proceedings concerning trusts. Chapter 1 deals with jurisdiction and venue.

Section 17000 provides that the superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of trusts. The superior court having jurisdiction over the trust pursuant to this part has concurrent jurisdiction of three specified actions and proceedings.

Section 17001 provides that, in proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.

Section 17002 states that the principal place of administration of the trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust. If the principal place of administration of the trust cannot be determined, it must be determined as set forth in this section.

Section 17003 provides that, by accepting the trusteeship of a trust having its principal place of administration in this state, the trustee submits personally to the jurisdiction of the court under this division.

Section 17004 authorizes the court to exercise jurisdiction in proceedings under this division on any basis permitted by the Code of Civil Procedure.

Section 17005 states that the proper county for commencement of a proceeding pursuant to this division is either of two specified instances.

Section 17006 provides that there is no right to a jury trial in proceedings under this division concerning the internal affairs of trusts.

Chapter 3 deals with proceedings concerning trusts. Section 17200 allows a trustee or beneficiary of a trust to petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust.

Section 17200.1 states that all proceedings concerning the transfer of property of the trust must be conducted pursuant to specified laws.

Section 17201 provides that a proceeding under this chapter is commenced by filing a petition stating facts showing that the petition is authorized under this chapter.

Section 17201.1 explains that a petitioner in a proceeding may commence discovery upon a trustee in accordance with the same time periods set forth in the Civil Discovery Act, except that the time periods commence to run upon service of the petition and notice of hearing upon the trustee or the trustee’s appearance in the proceeding, whichever first occurs.

Section 17202 allows the court to dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or beneficiary.

Section 17203 states that, at least 30 days before the time set for the hearing on the petition, the petitioner is required to cause notice of hearing to be delivered to all three specified persons.

Section 17204 says that, if proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding and giving an address for receiving notice by mail.

Section 17205 provides that, if a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner’s counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered.

Section 17206 allows the court to make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including appointment of a temporary trustee to administer the trust in whole or in part.

Section 17209 specifies that the administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.

Section 17210 provides that, in a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.

Section 17211 explains that, if a beneficiary contests the trustee’s account and the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the trustee and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The amount awarded is charged against any interest of the beneficiary in the trust. The contestant is personally liable for any amount that remains unsatisfied.