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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

previous next Effective - 28 Aug 2006bottom

  456.2-204.  Venue. — 1.  Venue for judicial proceedings involving trust administration shall be:

  (1)  For a trust then registered in this state, in the probate division of the circuit court where the trust is registered; or

  (2)  For a trust not then registered in this state, in the probate division of the circuit court where the trust could properly be registered; or

  (3)  For a trust not then registered in this state and which cannot properly be registered in this state, in accordance with the rules of civil procedure.

  2.  Where a judicial proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.

  3.  If proceedings concerning the same trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the court in which the proceeding was first commenced determines that venue is properly in another court, it shall transfer the proceeding to the other court.

  4.  If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.

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(L. 2004 H.B. 1511, A.L. 2006 S.B. 892)


---- end of effective   28 Aug 2006 ----

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