Jurisdiction And Venue - Judicial Proceedings Concerning Trusts - Probate - CA

Section § 17000

This section explains the authority of the superior court regarding trusts. The court has exclusive authority over matters related to the operations within a trust, known as its internal affairs. Additionally, the court shares authority over certain other issues, like deciding if a trust exists, dealing with creditors and debtors involved with a trust, and other cases involving trustees and third parties.

(a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of trusts.

(b) The superior court having jurisdiction over the trust pursuant to this part has concurrent jurisdiction of the following:

(1) Actions and proceedings to determine the existence of trusts.

(2) Actions and proceedings by or against creditors or debtors of trusts.

(3) Other actions and proceedings involving trustees and third persons.

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Section § 17001

This section states that in cases started under this specific set of laws, the court acts with the same authority as a superior court. It can handle various types of matters just like a superior court would.

In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.

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Section § 17002

This section explains how the principal place of administration for a trust is determined. Primarily, it's where the trustee or their representative usually manages the trust day-to-day. If that location isn’t clear, the law provides a backup method: If there's one trustee, the main location is their home or business office. If there are multiple trustees, they need to agree on one person's residence or business as the main location. If they can't agree, any co-trustee's place can serve as the principal place of administration.

(a) 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.

(b) If the principal place of administration of the trust cannot be determined under subdivision (a), it shall be determined as follows:

(1) If the trust has a single trustee, the principal place of administration of the trust is the trustee’s residence or usual place of business.

(2) If the trust has more than one trustee, the principal place of administration of the trust is the residence or usual place of business of any of the cotrustees as agreed upon by them or, if not, the residence or usual place of business of any of the cotrustees.

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Section § 17003

If you become a trustee of a trust that is primarily managed in this state, you automatically agree to be under the state's court authority for matters related to the trust. Similarly, if you are a beneficiary of such a trust, you are also under the court's authority, but only concerning your interest in the trust.

Subject to Section 17004:

(a) 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.

(b) To the extent of their interests in the trust, all beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the court under this division.

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Section § 17004

The court can take control of a legal case under this division using any reason allowed by Section 410.10 of the Code of Civil Procedure.

The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.

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Section § 17005

This law outlines the appropriate county to start legal proceedings related to trusts in California. For a living trust, it should be where the trust is primarily managed. If it's a testamentary trust, you can start where the deceased's estate is handled or where the trust is primarily managed.

If there's no trustee for a living trust, proceedings to appoint one should happen where some of the trust's property is located. If these specific rules don't apply, the general rules for civil cases determine the proper county.

(a) The proper county for commencement of a proceeding pursuant to this division is either of the following:

(1) In the case of a living trust, the county where the principal place of administration of the trust is located.

(2) In the case of a testamentary trust, either the county where the decedent’s estate is administered or where the principal place of administration of the trust is located.

(b) If a living trust has no trustee, the proper county for commencement of a proceeding for appointing a trustee is the county where the trust property, or some portion of the trust property, is located.

(c) Except as otherwise provided in subdivisions (a) and (b), the proper county for commencement of a proceeding pursuant to this division is determined by the rules applicable to civil actions generally.

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Section § 17006

In California, if you're involved in a legal case about the internal management or issues within a trust, you aren't entitled to have a jury decide the outcome.

There is no right to a jury trial in proceedings under this division concerning the internal affairs of trusts.

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