California Probate Code 17351 – (a) If any of the trustees of a trust described in Section 17350 …
(a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided in this section. Within six months after the initial funding of the trust, the trustee shall give a notice of removal of the trust from continuing court jurisdiction to each beneficiary. Notice of removal shall be sent by registered or certified mail or by first-class mail, but notice sent by first-class mail is effective only if an acknowledgment of receipt of notice is signed by the beneficiary and returned to the trustee.
(b) The notice of removal of the trust from continuing court jurisdiction shall contain the following:
Terms Used In California Probate Code 17351
- Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:
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- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Decedent: A deceased person.
- 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.
- Probate: Proving a will
- Trust: includes the following:
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- Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
- Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
- Trustee: A person or institution holding and administering property in trust.
(1) A statement that as of January 1, 1983, the law was changed to remove the necessity for continuing court jurisdiction over the trust.
(2) A statement that § 17200 of the Probate Code gives any beneficiary the right to petition a court to determine important matters relating to the administration of the trust.
(3) A copy of the text of Sections 17200 and 17201.
(4) A statement that each income beneficiary, as defined in Section 16325, is entitled to an annual statement of the principal and income receipts and disbursements of the trust and that any other beneficiary is entitled to such information upon written request to the trustee.
(5) The name and location of the court in the county in which it is appropriate to file a petition pursuant to Section 17200, the name and location of the court that had jurisdiction over the administration of the decedent‘s estate, and a statement that it is appropriate to file a petition pursuant to Section 17200 with either court.
(c) The trustee shall file with the court that had jurisdiction over the administration of the decedent’s estate proof of giving notice under this section within seven months after the initial funding of the trust.
(Amended by Stats. 1999, Ch. 145, Sec. 6. Effective January 1, 2000.)