Judicial Proceedings

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(760 ILCS 3/Art. 2 heading)

Article 2. Judicial Proceedings.

 

(760 ILCS 3/201)

Sec. 201. Role of court in administration of trusts.

(a) The court may adjudicate any matter arising in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

(b) A trust is not subject to continuing judicial supervision unless ordered by the court.

(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions.

(Source: P.A. 101-48, eff. 1-1-20.)

 

(760 ILCS 3/202)

Sec. 202. Jurisdiction over trustee and beneficiary.

(a) 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 is subject to the jurisdiction of the courts of this State regarding any matter involving the trust.

(b) 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 such a trust, the recipient personally submits to the jurisdiction of the courts of this State regarding any matter involving the trust.

(c) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this Section, may be made by personally serving the summons upon the defendant outside this State, as provided in the Code of Civil Procedure, with the same force and effect as though summons had been personally served within this State.

(d) This Section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.

(Source: P.A. 101-48, eff. 1-1-20.)

 

(760 ILCS 3/203)

Sec. 203. (Reserved).

(Source: P.A. 101-48, eff. 1-1-20.)

 

(760 ILCS 3/204)

Sec. 204. Venue.

(a) Except as otherwise provided in subsection (b), 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.

(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is proper in a county of this State in which a beneficiary resides, in a county in which any real or tangible 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.

(c) At the election of the Attorney General, venue for a judicial proceeding involving a trust with a charitable interest is also proper in any county where the Attorney General accepts and maintains the list of registrations under the Charitable Trust Act.

(Source: P.A. 101-48, eff. 1-1-20.)


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