California Probate Code 17304 – (a) At any time after final distribution of the decedent’s …
(a) At any time after final distribution of the decedent‘s estate, a trust described in Section 17300 may be transferred to a different county in this state as provided in this section.
(b) The petition for transfer shall set forth all of the following:
Terms Used In California Probate Code 17304
- Decedent: A deceased person.
- Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Trust: includes the following:
California Probate Code 82
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(1) The name of the county to which jurisdiction over the trust is sought to be transferred.
(2) The names, ages, and places of residence of the trustees and all beneficiaries of the trust, so far as known to the petitioner.
(3) A brief description of the character, condition, value, and location of property of the trust.
(4) A brief statement of the reasons for transfer.
(c) If, after hearing, it appears to the court that the transfer of jurisdiction to the county designated in the petition or to any other county in this state will be in the best interests of the estate, or that economical and convenient administration of the trust will be facilitated by the transfer, the court shall make an order transferring jurisdiction over the trust. Upon such order, the court clerk shall certify a copy of the order of transfer to the clerk of the court to which jurisdiction is transferred, together with copies of the instrument creating the trust, the decree of distribution, and any other documents or matters of record the court determines by order to be necessary to define the powers and duties of the trustee, or otherwise to be necessary in connection with further administration of the trust.
(d) The court to which jurisdiction is transferred may from time to time require by order the filing of certified copies of additional papers or matters of record from the court in which the decedent’s estate was administered as are required.
(e) Upon the filing of a certified copy of the order of transfer, together with supporting documents, the court to which jurisdiction is transferred has the same jurisdiction over the trust as the court in which the decedent’s estate was administered but for the transfer.
(Enacted by Stats. 1990, Ch. 79.)