Venue.

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(1) A judicial proceeding concerning the internal affairs of trusts and involving trustees, beneficiaries, or persons with authority to act under the trust instrument must be commenced in the following order of priority:

(a) The county of venue specified by the terms of the trust if that county has a substantial relationship to the present administration of the trust; (b) The county in which the trust is registered; (c) Either:

  1. The county in which the trust's principal place of administration is or is to be located;or

  2. If the trust is created by a will, the county in which the decedent's estate is beingadministered.

(2) If a trust has no trustee, a judicial proceeding for the appointment of a trustee must be commenced in the following order of priority:

(a) The county required pursuant to subsection (1) of this section; (b) Any of the following:

  1. A county in which a beneficiary resides;

  2. A county in which the trust property, or some portion of the trust property, is located; or

  3. A county in which a trust director resides or has a principal place of business.

(3) A judicial proceeding other than one described in subsection (1) or (2) of this section must be commenced in accordance with the rules of venue applicable to civil actions.

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1154, § 1, effective January 1, 2019. L. 2019: (2)(b) amended, (SB 19-105), ch. 51, p. 174, § 5, effective August 2.


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