A. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:
- 1. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or
- 2. All or part of the administration occurs in the designated jurisdiction.
- B. A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.
- C. Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection B of this section, may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
D. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than sixty (60) days before initiating the transfer. The notice of proposed transfer must include:
- 1. The name of the jurisdiction to which the principal place of administration is to be transferred;
- 2. The address and telephone number at the new location at which the trustee can be contacted;
- 3. An explanation of the reasons for the proposed transfer;
- 4. The date on which the proposed transfer is anticipated to occur; and
- 5. The date, not less than sixty (60) days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
- E. The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
- F. In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to Section 43 of this act.
Laws 2025, HB 1850, c. 254, § 8, eff. November 1, 2025.