Utah Code 75-7-201. Court — Exclusive jurisdiction of trusts
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(1)
Terms Used In Utah Code 75-7-201
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- 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.
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
- Trust: includes :(60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;(60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or(60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court. See Utah Code 75-1-201 v2
(1)(a) The court has exclusive jurisdiction of proceedings initiated by interested parties concerning the internal affairs of trusts.
(1)(b) Proceedings which may be maintained under this section are those concerning:
(1)(b)(i) the administration and distribution of trusts;
(1)(b)(ii) the declaration of rights; and
(1)(b)(iii) the determination of other matters involving trustees and beneficiaries of trusts.
(1)(c) These include, but are not limited to proceedings to:
(1)(c)(i) appoint or remove a trustee;
(1)(c)(ii) review a trustee‘s fees;
(1)(c)(iii) review and settle interim or final accounts;
(1)(c)(iv) ascertain beneficiaries;
(1)(c)(v) determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments;
(1)(c)(vi) instruct trustees;
(1)(c)(vii) determine the existence or nonexistence of any immunity, power, privilege, duty, or right; and
(1)(c)(viii) order transfer of administration of the trust to another state upon appropriate conditions as may be determined by the court or accept transfer of administration of a trust from another state to this state upon such conditions as may be imposed by the supervising court of the other state, unless the court in this state determines that these conditions are incompatible with its own rules and procedures.
(2)
(2)(a) A proceeding under this section does not result in continuing supervision by the court over the administration of the trust.
(2)(b) The management and distribution of a trust estate, submission of accounts and reports to beneficiaries, payment of trustee’s fees and other obligations of a trust, acceptance and change of trusteeship, and other aspects of the administration of a trust shall proceed expeditiously consistent with the terms of the trust, free of judicial intervention and without order, approval or other action of any court, subject to the jurisdiction of the court as invoked by interested parties or as otherwise exercised as provided by law.