§ 30-4-6-3 — Venue; transfer of trust's principal place of administration; notice; objection to transfer

Indiana § 30-4-6-3

• Jurisdiction: Indiana
• Art. 4: TRUST CODE
• Ch. 6: Procedure

Text

(a) Venue in a proceeding brought by the
attorney general against a trustee or a trust lies in Marion County,
unless a court determines that venue in Marion County would be a
hardship for a trustee or a trust.
(b) Unless the terms of the trust provide otherwise, venue in a
proceeding brought by a party other than the attorney general for
matters arising under this article shall be exclusively in the county in
which the principal place of administration of the trust is located. The
principal place of administration of a trust is that usual place at which
the records pertaining to the trust are kept or, if there is no such place,
the trustee's residence. If there are cotrustees, the principal place of
administration is either that of the corporate trustee, if there is only one
(1); that of the individual trustee who has custody of the records, if
there is but one (1) such person and there is no corporate cotrustee; or,
if neither of these alternatives apply, that of any of the cotrustees.
(c) Unless the trust provides otherwise, a trustee is under a
continuing duty to administer the trust at a place appropriate to the
trust's purposes and administration.
(d) Unless the trust provides otherwise, and without precluding the
right of the court to order, approve, or disapprove a transfer, the trustee,
in furtherance of a duty prescribed by subsection (b), may transfer the
trust's principal place of administration to another state or to a
jurisdiction outside the United States.
(e) The trustee shall notify the qualified beneficiaries of a proposed
transfer of a trust's principal place of administration not less than sixty
(60) days before initiating the transfer. The notice of proposed transfer
must include the following information:
(1) The name of the jurisdiction to which the principal place of
administration is to be transferred.
(2) The address and telephone number of the new location at
which the trustee can be contacted.
(3) An explanation of the reasons for the proposed transfer.
(4) The date on which the proposed transfer is anticipated to
occur.
(5) The date, not less than sixty (60) days after the giving of
notice, by which the qualified beneficiary must notify the trustee
of an objection to the proposed transfer.
(f) The authority of a trustee under this section to transfer a trust's
principal place of administration terminates if a qualified beneficiary
notifies the trustee of an objection to the proposed transfer on or before
the date specified in the notice.
(g) In connection with a transfer of the trust's principal place of
administration, the trustee may transfer some or all of the trust property
to a successor trustee designated in the terms of the trust or appointed
under IC 30-4-3-33.
(h) If the principal place of administration is maintained in another
state, venue in this state for any matters arising under this article shall
be in the county stipulated in writing by the parties to the trust or, if
there is no such stipulation, in the county where the trust property, or
the evidence of the trust property, which is the subject of the action is
either situated or generally located.
(i) Any party to an action or proceeding shall be entitled to a change
of venue or change of judge as provided in the Indiana Rules of
Procedure. A change of venue in any action shall not be construed to
authorize a permanent change of venue for all matters arising under
this article, and, upon conclusion of the action, venue shall return to the
court where the action was initiated.
Formerly: Acts 1971, P.L.416, SEC.7. As amended by
P.L.238-2005, SEC.43; P.L.245-2005, SEC.9; P.L.1-2006,
SEC.494.