2014 North Dakota Century Code Title 59 Trusts Chapter 59-10 Judicial Proceedings
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CHAPTER 59-10
JUDICIAL PROCEEDINGS
59-10-01. (201) Role of court in administration of trust.
1. The court may intervene in the administration of a trust to the extent its jurisdiction is
invoked by an interested person or as provided by law.
2. A trust is not subject to continuing judicial supervision unless ordered by the court.
3. A judicial proceeding involving a trust may relate to any matter involving the trust's
administration, including a request for instructions and an action to declare rights.
59-10-02. (202) Jurisdiction over trustee and beneficiary.
1. By accepting the trusteeship of a trust having its principal place of administration in
this state or by moving the principal place of administration to this state, the trustee
submits personally to the jurisdiction of the courts of this state regarding any matter
involving the trust.
2. With respect to their interests in the trust, the beneficiaries of a trust having its
principal place of administration in this state are subject to the jurisdiction of the courts
of this state regarding any matter involving the trust. By accepting a distribution from
the trust, the recipient submits personally to the jurisdiction of the courts of this state
regarding any matter involving the trust.
3. This section does not preclude other methods of obtaining jurisdiction over a trustee,
beneficiary, or other person receiving property from the trust.
59-10-03. Reserved.
59-10-04. (204) 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.
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