2018 California Code
Probate Code - PROB
DIVISION 9 - TRUST LAW
PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS
CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction
ARTICLE 2 - Removal of Trusts From Continuing Court Jurisdiction
Section 17352.
(a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with approval of the court. The trustee may petition for court approval at any time, and from time to time, in the trustee’s discretion.
(b) The petition for removal shall set forth the trust accounts in detail, report the trustee’s acts, and show the condition of the trust estate. A copy of the trust instrument shall be attached to the petition.
(c) At the hearing the court may receive testimony from any interested person and may grant or deny the petition, or may grant the petition on such conditions as the court in its discretion deems proper.
(d) If the petition is granted, the trustee shall send the notice of removal of the trust provided in subdivision (b) of Section 17351 and file proof of service as required by subdivision (c) of Section 17351 within six months and seven months, respectively, from the date the petition is granted. A copy of the court order granting the petition shall be attached to the notice.
(e) If the petition is not granted, the trust shall continue to be administered under Article 1 (commencing with Section 17300) as if the settlor had provided in the will that the court does not lose jurisdiction of the estate by final distribution.
(Enacted by Stats. 1990, Ch. 79.)
