US Laws, Codes, Statutes & Cases

§ 36C‑2‑204.  Venue.

In any trust proceeding or action, whether brought before the clerk of superior court or the superior court division of the General Court of Justice, the following rules apply notwithstanding any other applicable Rule of Civil Procedure or provision of Chapter 1 of the General Statutes:

(1)       If the trustee is required to account to the clerk of superior court, then unless the terms of the governing instrument provide otherwise, venue for proceedings under G.S. 36C‑2‑203 involving trusts is the place where the accountings are filed.

(2)       If the trustee is not required to account to the clerk of superior court, then unless the terms of the governing instrument provide otherwise, venue for proceedings under G.S. 36C‑2‑203 involving trusts is:

a.         In the case of an inter vivos trust, in any county of this State in which the trust has its principal place of administration or where any beneficiary resides; or

b.         In the case of a testamentary trust, in any county of this State in which the trust has its principal place of administration, where any beneficiary resides, or in which the testator's estate was administered.

(3)       Unless otherwise designated in the governing instrument, the principal place of administration of the trust is the trustee's usual place of business where the records pertaining to the trust are kept, or at the trustee's residence if the trustee has no such place of business. In the case of cotrustees, the principal place of administration, if not otherwise designated in the governing instrument, is:

a.         The usual place of business of the corporate trustee if there is but one corporate or cotrustee; or

b.         The usual place of business or residence of any of the cotrustees.

(4)       If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in any county of this State in which a beneficiary resides, in any county in which trust property is located, in the county of this State specified in the trust instrument, if any county is so specified, or if the trust is created by will, in the county in which the decedent's estate was or is being administered. (2001‑413, s. 1; 2003‑261, s. 2; 2005‑192, s. 2.)