Administering Testamentary Trusts

Article 1 of Chapter 4 of Part 5 of Division 9 of the Probate Code deals with the administration of testamentary trusts that are subject to continuing court jurisdiction.

Section 17300 provides that this article applies to a trust created by a will which provides that the trust is subject to the continuing jurisdiction of the superior court.

Section 17301 states that, if a trust 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 law.

Section 17302 explains that proceedings relating to trusts under continuing court jurisdiction are governed by this part.

Section 17303 specifies that this article does not apply to a trust that has been removed from continuing court jurisdiction.

Section 17304 provides that, at any time after final distribution of the decedent’s estate, a trust may be transferred to a different county in this state as provided in this section. The petition for transfer has to set forth four specified items of information.