2019 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
Part 2. Judicial Proceedings
72-38-205. Venue

Universal Citation: MT Code § 72-38-205 (2019)

72-38-205. Venue. (1) Except as otherwise provided in subsection (2), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.

(2) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.

(3) Except as otherwise provided in subsections (1) and (2), the proper county for commencement of a proceeding pursuant to this chapter is determined by the rules applicable to civil actions generally.

History: En. Sec. 28, Ch. 264, L. 2013.

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