(1) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, the terms of a trust designating the principal place of administration are valid and controlling if:
- (a) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or
- (b) all or part of the administration occurs in the designated jurisdiction.
- (2) A trustee is under a continuing duty to administer the trust at a place appropriate to the trust's purposes, the trust's administration, and the interests of the beneficiaries.
- (3) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by Subsection (2), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
(4)
- (a) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer.
(b) The notice of proposed transfer must include:
- (i) the name of the jurisdiction to which the principal place of administration is to be transferred;
- (ii) the address and telephone number at the new location at which the trustee can be contacted;
- (iii) an explanation of the reasons for the proposed transfer;
- (iv) the date on which the proposed transfer is anticipated to occur; and
- (v) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
- (5) 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.
- (6) 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 in accordance with Section 75B-2-704.
Renumbered and Amended by Chapter 310, 2025 General Session