§ 15-9-440 — Service on trustees of inter vivos trusts.

(1) Service on resident trustee constitutes service on all other trustees. —Service upon one resident trustee of an inter vivos trust shall constitute service on all other trustees, resident and nonresident, of the same trust, for the purpose of adjudicating any action or proceeding in a court of this State involving, directly or indirectly, such trust. (2) Trustee served to notify other trustees. —The resident trustee, so served, shall within five days, give prompt notice to such nonresident trustee and other resident trustee of the action. The failure of notification to the other trustees shall in no way impair the action. (3) Service on nonresident trustee when there is no resident trustee. —When there is no resident trustee, the nonresident trustee of an inter vivos trust shall be deemed to have consented to the service of any summons, notice or other legal process in connection with any proceeding in the courts of this State involving such trust, directly or indirectly, when served upon the Secretary of State, when the trust was created under the laws of this State or, in the case of a foreign trust, when part of the trust property is situated in this State. (4) Time allowed for answer. —The time within which to answer under the provisions of this section shall be the same as that provided for by law for substituted service. (5) Penalties. —Any trustee responsible for notifying another trustee, who fails to comply with the provisions of this section, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Legislative History

HISTORY: 1962 Code SECTION 10-432.2; 1962 (52) 1955.