§ 6325
321 words·~1 min read·
/ca/probate-code/6325A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The court in which the proceedings are pending for administration of the estate of the decedent has jurisdiction, before or after payment or transfer of benefits and rights or their proceeds to the trustee, to:
(1)Determine the validity of the trust.
(2)Determine the terms of the trust.
(3)Fill vacancies in the office of trustee.
(4)Require a bond of a trustee in its discretion and in such amount as the court may determine for the faithful performance of duties as trustee, subject to the provisions of Article 3 (commencing with Section 1570) of Chapter 16 of Division 1.1 of the Financial Code and Section 15602 of this code.
(5)Grant additional powers to the trustee, as provided in Section 16201.
(6)Instruct the trustee.
(7)Fix or allow payment of compensation of a trustee as provided in Sections 15680 to 15683, inclusive.
(8)Hear and determine adverse claims to the trust property by the personal representative, surviving spouse, or other third person.
(9)Determine the identity of the trustee and the trustee’s acceptance or rejection of the office and, upon request, furnish evidence of trusteeship to a trustee.
(10)Order postponement of the payment or transfer of the benefits and rights or their proceeds.
(11)Authorize or direct removal of the trust or trust property to another jurisdiction pursuant to the procedure provided in Chapter 5 (commencing with Section 17400) of Part 5 of Division 9.
(12)Make any order incident to the foregoing or to the accomplishment of the purposes of this chapter.
(b)The personal representative of the designator’s estate, any trustee named in the will or designation or successor to such trustee, or any person interested in the estate or trust may petition the court for an order under this section. Notice of hearing of the petition shall be given in the manner provided in Section 17203, except as the court may otherwise order.