§ 1501 — Application of act to trusts 1

§ 1501. Application of act to trusts\n 1. The provisions of this act apply to any of the following trusts\nwithout regard to the domicile of the trustee or to the time of the\nexecution of the will or of the creation of the lifetime trust:\n (a) A trust created by the will of a domiciliary.\n (b) A trust relating to real or personal property, without regard to\nthe domicile of the testator or the grantor, where if a testamentary\ntrust the will creating the trust was admitted to probate in any\nsurrogate's court of this state or where the situs of the trust or any\nreal property held by the trust is within this state and if a\ntestamentary trust the will creating the trust was duly proved or\nestablished or admitted to probate within a foreign country or state,\nthe District of Columbia, the Commonwealth of Puerto Rico, a territory\nor possession of the United States where it was executed or where the\ntestator was domiciled at the time of his death.\n (c) A lifetime trust of which the supreme court would also have\njurisdiction.\n 2. The situs of a trust of personal property created by the will or\nlifetime trust instrument of a non-domiciliary shall be deemed to be in\nthis state if the personal property is in this state at the date of the\ntestator's death with respect to a testamentary trust or at the time of\nthe creation of the lifetime trust with respect to a lifetime trust and\nis held and administered in this state in accordance with the will or\nlifetime instrument or, except where the will or lifetime trust\ninstrument or the laws of the domicile of the testator or the domicile\nat the time the trust was created of the grantor expressly provide\notherwise, if such property is brought into this state for\nadministration.\n 3. If original probate of the will of a non-domiciliary has been had\nin any county of this state jurisdiction of the trust created under the\nwill shall be vested in the surrogate's court of that county. If\nancillary proceedings in respect of any phase of the estate of a\nnon-domiciliary have been had in any county of the state, jurisdiction\nof the trust shall be vested in the surrogate's court of that county.\nIf neither an original nor ancillary proceedings has been had in any\ncounty of the state, and in all cases involving lifetime trusts,\njurisdiction shall be vested in the surrogate's court of any county in\nwhich real property subject to the trust is situated, or if there is no\nsuch real property subject to the trust, in the surrogate's court of the\ncounty in which any trustee has his residence or its principal place of\nbusiness: provided that in case the surrogate's court in more than one\ncounty might be entitled to entertain jurisdiction over any such trust\njurisdiction shall be vested in the surrogate's court first entertaining\na proceeding in relation to the trust.\n 4. Any surrogate may decline to entertain jurisdiction over the\nadministration of a trust of personal property created by the will of or\nlifetime trust instrument created by a non-domiciliary. Every\napplication to the court to entertain jurisdiction over such a trust\nshall state whether any previous application for such relief has been\nmade in this state and shall state the disposition thereof and be\naccompanied by a copy of the will and of the foreign letters, if any\nhave been issued, authenticated as prescribed in 1614, or of the\nlifetime trust instrument creating the trust, with proof of its\nauthenticity. If the application be entertained the court shall record\nthe will or such instrument in its office.\n