Section 17352 Of Article 2. Removal Of Trusts From Continuing Court Jurisdiction From California Probate Code >> Division 9. >> Part 5. >> Chapter 4. >> Article 2.
17352
. (a) If none of the trustees of a trust described in Section
17350 is a trust company, the trust may be removed from continuing
court jurisdiction only with approval of the court. The trustee may
petition for court approval at any time, and from time to time, in
the trustee's discretion.
(b) The petition for removal shall set forth the trust accounts in
detail, report the trustee's acts, and show the condition of the
trust estate. A copy of the trust instrument shall be attached to the
petition.
(c) At the hearing the court may receive testimony from any
interested person and may grant or deny the petition, or may grant
the petition on such conditions as the court in its discretion deems
proper.
(d) If the petition is granted, the trustee shall send the notice
of removal of the trust provided in subdivision (b) of Section 17351
and file proof of service as required by subdivision (c) of Section
17351 within six months and seven months, respectively, from the date
the petition is granted. A copy of the court order granting the
petition shall be attached to the notice.
(e) If the petition is not granted, the trust shall continue to be
administered under Article 1 (commencing with Section 17300) as if
the settlor had provided in the will that the court does not lose
jurisdiction of the estate by final distribution.