When a trust created by a will continues after distribution, the Superior Court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction for the purpose of determining to whom the property shall pass and be delivered upon final or partial termination of the trust, to the extent that such determination is not concluded by the decree of distribution, of settling the accounts and passing upon the acts of the trustee, of authorizing the trustee to accept additions to the trust from sources other than the estate of the decedent, and for the other purposes hereinafter set forth. Any trustee appointed by will, or appointed to execute a trust created by will, may, from time to time pending the execution of his trust, or at the termination thereof, render for settlement his accounts and report his acts as such trustee, before the Superior Court. For that purpose, the trustee shall present to the Superior Court his accounts in detail, reporting his acts as trustee, and showing the condition of the trust estate. If the trustee dies or becomes incompetent, such account and report shall be presented by the trustee’s personal representative or guardian. In the event the trustee dies or becomes incompetent, and there is no personal representative or guardian appointed for the trustee’s estate, or in the event the trustee absconds, the Superior Court may compel the attorney for such deceased, incompetent, or absconding trustee to present such account and report to the extent that the attorney has information or records available for that purpose. The account and report of the attorney need not be verified. A reasonable fee shall be allowed to the attorney by the Superior Court for this service.

The trustee may also petition the Superior Court, from time to time, for instructions as to the administration of the trust, for authority to accept additions to the trust from any source or sources other than the estate of the decedent, and for the authority to exercise the powers authorized by Section 3305 of this Title. The Superior Court may hear any such petition and instruct or authorize the trustee by order rendered

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before or after any distribution to the trustee. When the trustee files any such petition before the distribution of the estate to him, he shall, in addition to any other notice required, cause notice of the hearing to be mailed to or personally served upon the personal representative and shall further cause notice of the hearing to be sent, by registered mail, to all persons, including heirs, legatees and devisees, at their last known addresses, to whom the Superior Court may order such notice given, or cause such notice to be personally served upon such persons, and the trustee shall, upon filing any such petition and before giving notice thereof, secure from the Superior Court an order designating the persons in addition to the personal representative and the beneficiaries to whom the Superior Court requires that notice be given, or an order that notice to the personal representative and the beneficiaries is the only notice that shall be required.

When it appears from the allegations of the petition that the trustee seeks instructions to exercise a power not conferred upon him, or seeks authority to exercise the powers authorized by Section 3305 of this Title, the petition shall set forth the particulars of and the necessity for the action sought to be taken.

The Clerk of the Superior Court shall set the hearing upon the account and report, or upon the petition for settlement or instructions, and notice thereof shall be given in the manner provided in Section 3401 of this Title. The trustee shall cause notice of the hearing to be sent by registered mail to, or personally served upon, the beneficiaries, including all persons in being who shall or may participate in the corpus or income of the trust, as provided in Section 3401 of this Title, whether they have requested special notice or given notice of appearance or not. In addition to the above notice, when the petition relates to the exercise of a power not conferred or seeks authority to exercise the powers authorized by Section 3305 of this Title, a copy of the petition shall be attached to and mailed with the copies of the notice which are mailed, or attached to and served with the copies of the notice which are personally served, and the Superior Court shall, at least ten (10) calendar days before such return day, appoint a suitable person who shall appear and act as guardian ad litem for any person or persons of a designated class, who are nor ascertained, or who are not in being, and who may become beneficiaries or may so participate in the trust. None of the provisions of Section 373 of the Code of Civil Procedure shall apply to such appointment.

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SOURCE: California Probate Code, § 1120(a) (as amended).

COMMENT: See § 701 of Title 1 for further provision as to what constitutes
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