Sec. 4. Except as provided in section 7 of this chapter and IC 30-4-7, unless the terms of the trust expressly direct that the court is to have continuing jurisdiction over the administration of the trust:

(1) a trustee need not file a copy of the trust instrument as a part of the court’s records;

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Terms Used In Indiana Code 30-4-6-4

  • Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • 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.
  • Personal representative: means an executor or administrator of a decedent's or absentee's estate, guardian of the person or estate, guardian ad litem or other court appointed representative, next friend, parent or custodian of a minor, attorney in fact, or custodian of an incapacitated person (as defined in Indiana Code 30-4-1-2
  • Trust instrument: means an instrument, agreement, or other written document executed by the settlor that contains the terms of the trust, including any amendments to the terms of the trust. See Indiana Code 30-4-1-2
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: has the meaning set forth in IC 30-2-14-13. See Indiana Code 30-4-1-2
(2) the court may not require a copy of the trust instrument to be filed as a part of the court’s records; and

(3) if:

(A) a decedent‘s will establishes a trust or contains a devise to a trust; and

(B) the will is probated under IC 29-1-7 with or without the appointment of a personal representative for the decedent’s estate;

the court shall have no continuing jurisdiction over the administration of the trust after the will is probated or after any distribution from the decedent’s estate is paid or delivered to the trustee.

Formerly: Acts 1971, P.L.416, SEC.7. As amended by P.L.200-1991, SEC.5; P.L.162-2022, SEC.20.

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