Chapter 33

15 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 1 CHAPTER 33 ADMINISTRATION OF TRUSTS 2014 NOTE: Unless otherwise indicated, this Title includes a nnotations drafted by the Law Revision Commission from the ena ctment of Title 15 GCA by P.L. 16-052 (Dec. 17, 1981). The Source not es have been updated to reflect subsequent changes to each provision. Th e Comments from the Law Revision Commission were retained in past print publications of the GCA, and are included herein, as originally publish ed, for historical purposes. Pursuant to the authority granted by 1 GCA § 1606, 'Subchapter' designations altered to 'Article' to adhere to the Compiler’s general codification scheme. ARTICLE 1 TESTAMENTARY TRUSTS § 3301. Continuing Jurisdiction Over Trusts. § 3303. Additions to Testamentary Trust Subject to Jurisdiction of Court. § 3305. Additional Powers of Trustee. § 3307. Request for Special Notice by Beneficiary U nder Testamentary Trust. § 3309. Fair Market Value of Principal so Low as to Defeat or Impair Purposes of Testamentary Trust; Order for Change in Trustee, Modification of Terms or Termination of Trust. § 3311. Accounting; Application and Order. § 3313.

Principal so Low as to Defeat or Impair Purposes of Testamentary Trust; Order for Change in Trustee, Modification of Terms or Termination of Trust. § 3311. Accounting; Application and Order. § 3313. Compensation of Testamentary Trustee; Appor tionment Among Trustees. § 3315. Conclusiveness of Decree. § 3317. Removal of Trustee or Co-Trustee; Notice; H earing. § 3319. Custody of Assets Pending Hearing on Remova l of Testamentary Trustee. § 3321. Exclusive Jurisdiction and Procedure for Re moval of Trustee. § 3323. Declination of Designated Trustee to Act; T ime; Procedure. § 3325. Appointment to Fill Vacancy Occurring Befor e Distribution. § 3327. Resignation After Distribution: Petition; H earing and Notice; Acceptance; Continuing Liability on Bond. § 3329. Filling Vacancy After Distribution. § 3331. Bond of Successor Trustee. COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 2 § 3333. Vouchers; Withdrawal; Production; Destructi on or Delivery to Trustee or Trustee's Attorney. § 3335. Certificate; Action and Appointment as Trus tee. § 3337. Combination of Assets and Administration of Testamentary Trusts as One Trust; Conditions. § 3339.

ry to Trustee or Trustee's Attorney. § 3335. Certificate; Action and Appointment as Trus tee. § 3337. Combination of Assets and Administration of Testamentary Trusts as One Trust; Conditions. § 3339. Transfer of Testamentary Trust to Another J urisdiction. § 3301. Continuing Jurisdiction Over Trusts. When a trust created by a will continues after dist ribution, the Superior Court shall not lose jurisdiction of the e state by final distribution, but shall retain jurisdiction for the purpose of determining to whom the property shall pass and be delivered upon final or partial termination of the trust, to the extent that such d etermination is not concluded by the decree of distribution, of settlin g the accounts and passing upon the acts of the trustee, of authorizin g the trustee to accept additions to the trust from sources other than the estate of the decedent, and for the other purposes hereinafter set forth. A ny trustee appointed by will, or appointed to execute a trust created by wi ll, may, from time to time pending the execution of his trust, or at the termination thereof, render for settlement his accounts and report his a cts as such trustee, before the Superior Court.

by wi ll, may, from time to time pending the execution of his trust, or at the termination thereof, render for settlement his accounts and report his a cts as such trustee, before the Superior Court. For that purpose, the tr ustee shall present to the Superior Court his accounts in detail, reportin g his acts as trustee, and showing the condition of the trust estate. If the t rustee dies or becomes incompetent, such account and report shall be prese nted by the trustee's personal representative or guardian. In the event t he trustee dies or becomes incompetent, and there is no personal repre sentative or guardian appointed for the trustee's estate, or in the event the trustee absconds, the Superior Court may compel the attorney for such dec eased, incompetent, or absconding trustee to present such account and r eport to the extent that the attorney has information or records available f or that purpose. The account and report of the attorney need not be veri fied. A reasonable fee shall be allowed to the attorney by the Superior Co urt for this service. The trustee may also petition the Superior Court, from time to time, for instructions as to the administration of the tr ust, for

l be allowed to the attorney by the Superior Co urt for this service. The trustee may also petition the Superior Court, from time to time, for instructions as to the administration of the tr ust, for authority to accept additions to the trust from any source or so urces other than the estate of the decedent, and for the authority to ex ercise the powers authorized by Section 3305 of this Title. The Super ior Court may hear any such petition and instruct or authorize the tru stee by order rendered COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 3 before or after any distribution to the trustee. Wh en the trustee files any such petition before the distribution of the estate to him, he shall, in addition to any other notice required, cause notice of the hearing to be mailed to or personally served upon the personal re presentative and shall further cause notice of the hearing to be sent, by registered mail, to all persons, including heirs, legatees and devisees, at their last known addresses, to whom the Superior Court may order suc h notice given, or cause such notice to be personally served upon such persons, and the trustee shall, upon filing any such

es, at their last known addresses, to whom the Superior Court may order suc h notice given, or cause such notice to be personally served upon such persons, and the trustee shall, upon filing any such petition and be fore giving notice thereof, secure from the Superior Court an order de signating the persons in addition to the personal representative and the beneficiaries to whom the Superior Court requires that notice be given, o r an order that notice to the personal representative and the beneficiaries i s the only notice that shall be required. When it appears from the allegations of the petit ion that the trustee seeks instructions to exercise a power not conferre d upon him, or seeks authority to exercise the powers authorized by Sect ion 3305 of this Title, the petition shall set forth the particulars of and the necessity for the action sought to be taken. The Clerk of the Superior Court shall set the hea ring upon the account and report, or upon the petition for settle ment or instructions, and notice thereof shall be given in the manner pro vided in Section 3401 of this Title.

ourt shall set the hea ring upon the account and report, or upon the petition for settle ment or instructions, and notice thereof shall be given in the manner pro vided in Section 3401 of this Title. The trustee shall cause notice of th e hearing to be sent by registered mail to, or personally served upon, the beneficiaries, including all persons in being who shall or may participate i n the corpus or income of the trust, as provided in Section 3401 of this T itle, whether they have requested special notice or given notice of appeara nce or not. In addition to the above notice, when the petition relates to t he exercise of a power not conferred or seeks authority to exercise the po wers authorized by Section 3305 of this Title, a copy of the petition shall be attached to and mailed with the copies of the notice which are mail ed, or attached to and served with the copies of the notice which are pers onally served, and the Superior Court shall, at least ten (10) calendar da ys before such return day, appoint a suitable person who shall appear and act as guardian ad litem for any person or persons of a designated cla ss, who are nor ascertained, or who are not in being, and who may

uch return day, appoint a suitable person who shall appear and act as guardian ad litem for any person or persons of a designated cla ss, who are nor ascertained, or who are not in being, and who may b ecome beneficiaries or may so participate in the trust. None of the pro visions of Section 373 of the Code of Civil Procedure shall apply to such appointment. COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 4 SOURCE: California Probate Code, § 1120(a) (as amended). COMMENT: See § 701 of Title 1 for further provision as to wh at constitutes Aregistered mail. @ § 3303. Additions to Testamentary Trust Subject to Jurisdiction of Court. Whenever a trustee receives additions to a testamen tary trust in accordance with a decree rendered pursuant to the p rovisions of Section 3301 of this Title, such additions shall be subject to the jurisdiction of the Superior Court in the same respects as property rec eived by the trustee from the decedent's estate. SOURCE: California Probate Code, § 1102.1. § 3305. Additional Powers of Trustee. On petition of the trustee, made at any time, or on petition of the personal representative included in a petition for preliminary or final

obate Code, § 1102.1. § 3305. Additional Powers of Trustee. On petition of the trustee, made at any time, or on petition of the personal representative included in a petition for preliminary or final distribution, where after hearing it appears to be necessary or desirable in order to carry out the purposes of a testamentary t rust that the trustee be given powers not expressly contained in the will or otherwise conferred by law, the Superior Court may in its discretion co nfer upon the trustee any or all of the following powers when it appears to the Superior Court that such powers are not inconsistent with the prov isions or purposes of the trust; such powers conferred may be of a contin uing nature or may be exercised only in specific instances, as the Superi or Court may determine: (a) To manage, control, sell, convey, divide, and t o sell upon deferred payments. (b) To lease for terms within or extending beyond t he duration of the trust for any purpose. (c) To retain property, including stock of the trus tee, and invest or reinvest as provided by law from time to time ex isting, including investments in any common trust fund now or hereaft er established by the trustee.

y, including stock of the trus tee, and invest or reinvest as provided by law from time to time ex isting, including investments in any common trust fund now or hereaft er established by the trustee. (d) To borrow; to place, replace, renew or extend a ny encumbrance upon trust property. (e) To participate in voting trusts, pooling agreem ents, foreclosures, reorganizations, consolidations, merg ers and COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 5 liquidations in connection therewith, to deposit se curities with and transfer title and delegate discretion to any prote ctive or other committee as the trustee may deem advisable. (f) To acquire or dispose of an asset, for cash or on credit, at public or private sale; and to exchange, partition, change the character of, or abandon a trust asset or any inter est therein. (g) To make ordinary or extraordinary repairs or al terations in buildings or other trust property, to demolish any improvements, to raze existing or erect new party walls or buildings . (h) To subdivide, develop or dedicate land to publi c use; or to make or obtain the vacation of plats and adjust bou ndaries; or to adjust differences in

sting or erect new party walls or buildings . (h) To subdivide, develop or dedicate land to publi c use; or to make or obtain the vacation of plats and adjust bou ndaries; or to adjust differences in valuation on exchange or part ition by giving or receiving consideration; or to dedicate easements t o public use without consideration. (i) To grant an option involving disposition of a t rust asset, or to take an option for the acquisition of any asset. (j) To vote a security, in person or by general or limited proxy. (k) To pay calls, assessments, and any other sums c hargeable or accruing against or on account of securities. (l) To sell or exercise stock subscription or conve rsion rights. (m) To hold a security in the name of a nominee or other form without disclosure of the trust, so that title to t he security may pass by delivery, but the trustee is liable for any act of the nominee in connection with the security so held. (n) To insure the assets of the trust against damag e or loss, and the trustee against liability with respect to third persons. (o) To advance money for the protection of the trus t, and for all expenses, losses, and liabilities sustained in the

damag e or loss, and the trustee against liability with respect to third persons. (o) To advance money for the protection of the trus t, and for all expenses, losses, and liabilities sustained in the administration of the trust or because of the holding or ownership of any trust assets, for which advances with any interest the trustee has a lien on the trust assets as against the beneficiary. (p) To pay or contest any claim; to settle a claim by or against the trust by compromise, arbitration, or otherwise, and to release, in whole or in part, any claim belonging to the trust the extent that the COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 6 claim is uncollectible; to institute, compromise an d defend actions and proceedings. (q) To pay taxes, assessments, compensation of the trustee, and other expenses incurred in the collection, care, ad ministration, and protection of the trust. (r) To continue or participate in any business or o ther enterprise and to effect incorporation, dissolution, or other change in the form of organization of the business or enterprise.

of the trust. (r) To continue or participate in any business or o ther enterprise and to effect incorporation, dissolution, or other change in the form of organization of the business or enterprise. (s) To exercise any other power or powers which to the Superior Court appear necessary or desirable. Except as specifically provided in the will, the provisions of this Section apply to any will executed before or after the effective date of this Section and to any trust asset acquired by the trustee of the trust created by such will, before or after the effective date of this Section. If any provisions of this Section or the applicat ion thereof to any person, property or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Sec tion which can be given effect without the invalid provision or application , and to this end the provisions of this Section are severable. SOURCE: California Probate Code, § 1120.2. § 3307. Request for Special Notice by Beneficiary U nder Testamentary Trust. When any beneficiary under a testamentary trust sha ll have made a request for special notice pursuant to the provisio ns of Section 3403 of this Title, a

ce by Beneficiary U nder Testamentary Trust. When any beneficiary under a testamentary trust sha ll have made a request for special notice pursuant to the provisio ns of Section 3403 of this Title, a copy of the petition and a copy of th e account and report provided for in Section 3301 of this Title shall be attached to the notice of hearing required to be mailed to or personally s erved upon such beneficiary by the trustee pursuant to the provisio ns of Section 3301 of this Title. SOURCE: California Probate Code, § 1120.5. § 3309. Fair Market Value of Principal so Low as to Defeat or Impair Purposes of Testamentary Trust; Order for Change in Trustee, Modification of Terms or Termination of Trust. COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 7 (a) If upon petition of the trustee or any benefici ary of a testamentary trust, the Superior Court shall at any time determine that the fair market value of the principal of the trust has become so low, in relation to the costs of administration thereof, th at continuance of the trust pursuant to its existing terms will defeat or substantially impair the accomplishment of the purposes of the trust, the Su perior

o the costs of administration thereof, th at continuance of the trust pursuant to its existing terms will defeat or substantially impair the accomplishment of the purposes of the trust, the Su perior Court may, in its discretion in a manner which conforms as nearly as possible to the intention of the trustor, order that the trustee be changed, that the terms of the trust be modified, or that the trust be term inated, in whole or in part. (b) If the Superior Court orders the termination of a testamentary trust, in whole or in part, it shall direct that th e principal and undisturbed income be distributed to the beneficiaries in a man ner which conforms as nearly as possible to the intention of the trustor; and the Superior Court may make such other and further orders as it deems necessary or appropriate to protect the interests of the benefic iaries. (c) Nothing contained in this Section shall limit any power of the Superior Court to permit modification or terminatio n of any trust, as such power existed before the adoption of this Section. (d) The existence of a spendthrift or similar pro tective provision in a testamentary trust shall not make this Section inap plicable to such

s such power existed before the adoption of this Section. (d) The existence of a spendthrift or similar pro tective provision in a testamentary trust shall not make this Section inap plicable to such trust. SOURCE: California Probate Code, § 1120.6. § 3311. Accounting; Application and Order. Upon the application of any beneficiary of a testam entary trust, or the guardian of a beneficiary, the Superior Court, in its discretion, may order the trustee, after citation, to render his ac count; and such application shall not be denied where no account ha s been rendered to the Superior Court within six (6) months. SOURCE: Probate Code of Guam (1970), § 1121. § 3313. Compensation of Testamentary Trustee; Appor tionment Among Trustees. If the will contains provisions for a testamentary trustee's compensation, such trustee shall be entitled to be compensated in accordance therewith. Upon proper showing, the Supe rior Court may in COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 8 the decree of distribution or thereafter fix or all ow greater compensation than could be allowed under the provisions of the w ill (a) where the duties of the trustee are substantial ly

OF TRUSTS 8 the decree of distribution or thereafter fix or all ow greater compensation than could be allowed under the provisions of the w ill (a) where the duties of the trustee are substantial ly greater than those contemplated by the testator at the time of t he execution of the will, or (b) where the compensation in accordance with the p rovisions in the will would be inequitable or unreasonably lo w, or (c) in other extraordinary circumstances calling fo r equitable relief. If the will does not specify a trustee's compensati on, the trustee shall be entitled to such compensation as may be reasonable under the circum- stances and the Superior Court may, in the decree o f distribution or thereafter, determine such reasonable compensation and, in its discretion, fix or allow a periodic compensation for the truste e or trustees, to continue as long as the Superior Court may deem pro per. Unless the will provides or the trustees agree otherwise, if there are two or more trustees, the compensation shall be apportioned among the tru stees according to the services rendered by them respectively.

he will provides or the trustees agree otherwise, if there are two or more trustees, the compensation shall be apportioned among the tru stees according to the services rendered by them respectively. On sett lement of each account the Superior Court shall allow the testamen tary trustee his proper expenses and compensation for services as provided herein. SOURCE: California Probate Code, § 1122 (as amended). § 3315. Conclusiveness of Decree. A decree rendered under the provisions of this Arti cle, when it becomes final, shall be conclusive upon all persons in interest, whether or not they are in being. SOURCE: Probate Code of Guam (1970), § 1123. § 3317. Removal of Trustee or Co-trustee; Notice; H earing. The Superior Court shall have power to remove a tru stee of a testamentary trust, whether or not any property has been distributed to such trustee, who has violated or is unfit to execu te the trust or has acquired any interest or become charged with any du ty adverse to the interest of any beneficiary in the subject of the t rust. The Superior Court may remove one or all of the cotrustees of a testam entary trust and appoint new trustees where the Superior Court deter mines that

of any beneficiary in the subject of the t rust. The Superior Court may remove one or all of the cotrustees of a testam entary trust and appoint new trustees where the Superior Court deter mines that hostility, ill feeling, or continued lack of cooperation among and between COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 9 cotrustees has impaired the proper administration o f the trust. The proceeding may be initiated by the Superior Court u pon its own motion or by verified petition of a beneficiary of, or any other person interested in, the trust, including any person in being who sh all or may participate in the corpus or income of the trust. The Clerk of the Superior Court shall set the mat ter for hearing, and notice thereof shall be given in the manner provide d in Section 3401 of this Title. The trustee whose removal is sought sha ll be personally served with a copy of the motion or petition and with noti ce of the time and place of the hearing thereon, at least ten (10) cal endar days before the hearing, provided, that if such a trustee is not a resident of the territory of Guam, or has absconded or concealed himself from th e territory of Guam, the

t least ten (10) cal endar days before the hearing, provided, that if such a trustee is not a resident of the territory of Guam, or has absconded or concealed himself from th e territory of Guam, the Superior Court may fix the manner of givi ng notice to such trustee by mail, publication or otherwise, as the S uperior Court may determine, and the Superior Court may proceed upon such notice as if such trustee had been personally served. In additio n, the petitioner, or the Superior Court when acting upon its own motion, sha ll cause a copy of the petition or motion and of the notice of the hea ring mailed to or personally served upon the personal representative, if any part of the estate remains to be distributed to the trustee, an d to or upon each cotrustee and to or upon all the beneficiaries, inc luding therein all persons in being who shall or may participate in th e corpus or the income of the trust, as provided in Section 3401 of this T itle whether any of the persons to whom notice is to be given have requeste d special notice or given notice of appearance. SOURCE: California Probate Code, § 1123.5. § 3319.

n Section 3401 of this T itle whether any of the persons to whom notice is to be given have requeste d special notice or given notice of appearance. SOURCE: California Probate Code, § 1123.5. § 3319. Custody of Assets Pending Hearing on Remova l of Testamentary Trustee. The Superior Court, whenever it appears from the ve rified petition of a beneficiary of a testamentary trust or other p erson interested in the trust, or from facts coming to its attention, that the assets of the trust or the interests of a beneficiary may suffer loss or i njury during the time required for hearing and decision by the Superior C ourt under the provisions of Section 3317 of this Title and appell ate review, if any, may compel the trustee whose removal is sought to surre nder any assets of the trust in such trustee's possession or subject to su ch trustee's control to a custodian designated by the Superior Court or to a cotrustee and may COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 10 suspend the powers of the trustee whose removal is sought to such extent as the Superior Court deems necessary. SOURCE: California Probate Code, § 1123.6. § 3321.

E CH. 33 ADMINISTRATION OF TRUSTS 10 suspend the powers of the trustee whose removal is sought to such extent as the Superior Court deems necessary. SOURCE: California Probate Code, § 1123.6. § 3321. Exclusive Jurisdiction and Procedure for Re moval of Trustee. The jurisdiction and procedure provided by Sections 3317 and 3319 of this Title shall be exclusive. SOURCE: California Probate Code, § 1123.7. § 3323. Declination of Designated Trustee to Act; T ime; Procedure. Any person named or designated as a trustee in a wi ll may, at any time before distribution of any of the estate to hi m, decline to act as such trustee, by a writing filed with the Clerk of the S uperior Court. Within five (5) calendar days from the filing of such writ ing, such person shall mail to or personally serve upon the personal repre sentative, or to or upon the personal representative's attorney, a copy of such writing. SOURCE: California Probate Code, § 1124 (as amended). § 3325. Appointment to Fill Vacancy Occurring Befor e Distribution. The Superior Court shall have power, at any time be fore final distribution, to appoint some fit and proper person to fill any vacancy in the office of trustee under the

curring Befor e Distribution. The Superior Court shall have power, at any time be fore final distribution, to appoint some fit and proper person to fill any vacancy in the office of trustee under the will, whether resul ting from declination as provided for in Section 3323 of this Title, from re moval, or otherwise, if such appointment is necessary to carry out the trus t. Such appointment may be made by the Superior Court upon the written application of any person interested in the trust, filed in the probat e proceedings, and shall be made only after notice to all parties interested in the trust, given as required by Section 1517 of this Title upon petitio n for the probate of a will. SOURCE: California Probate Code, § 1125 (as amended). § 3327. Resignation After Distribution: Petition; H earing and Notice; Acceptance; Continuing Liability on Bond. Any person named or designated as trustee in a will , or any successor trustee, may, at any time after the distr ibution of any of the estate to him, file with the Clerk of the Superior Court a petition tendering his resignation as such trustee and setti ng forth the names and COL1031201415 GCA ESTATES AND PROBATE CH.

of any of the estate to him, file with the Clerk of the Superior Court a petition tendering his resignation as such trustee and setti ng forth the names and COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 11 mailing addresses of all living beneficiaries known to such resigning trustee. The Clerk of the Superior Court shall set the petition for hearing, and notice thereof shall be given in the manner pro vided in Section 3401 of this Title. The petitioner shall cause a similar notice to be mailed, postage prepaid, to the beneficiaries named in the petition, at least ten (10) calendar days before the hearing, addressed to them at their respec- tive mailing addresses as set forth in the petition . The Superior Court shall accept such resignation, making any order whi ch may be necessary for the preservation of the estate. The liability of the said resigning trustee or of the sureties on his bond shall not in any manner be discharged, release d, or affected by such resignation, but shall continue until the said trus tee has delivered up all of the estate to the person whom the Superior Court shall appoint to receive the same.

ged, release d, or affected by such resignation, but shall continue until the said trus tee has delivered up all of the estate to the person whom the Superior Court shall appoint to receive the same. SOURCE: California Probate Code, § 1125.1. § 3329. Filling Vacancy After Distribution. If after distribution a trustee of a testamentary t rust dies, resigns, fails or declines to act, cannot be identified, or is for any reason incapable of acting, or is removed or a vacancy in the trusteeship is otherwise created or exists, the Superior Court sha ll have the power to declare a vacancy and appoint a trustee to fill the vacancy, upon the petition of any person interested in the trust esta te and notice given in the manner provided in Section 3401 of this Title. The petitioner shall cause notice of the hearing to be sent by registered mail to, or personally served upon, the beneficiaries and to any trustee, whether or not they have requested special notice or given notice of appeara nce. SOURCE: California Probate Code, § 1126 (as amended). COMMENT: See § 701 of Title 1 for further particulars as to what constitutes Aregistered mail. @ § 3331. Bond of Successor Trustee.

appeara nce. SOURCE: California Probate Code, § 1126 (as amended). COMMENT: See § 701 of Title 1 for further particulars as to what constitutes Aregistered mail. @ § 3331. Bond of Successor Trustee. The person appointed under the provisions of Sectio n 3325 or Section 3329 of this Title, before acting as truste e, shall give a bond such as is required by the applicable provisions of Chap ter 20 of this Title of a person appointed personal representative. SOURCE: California Probate Code, § 1127. COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 12 § 3333. Vouchers; Withdrawal; Production; Destructi on or Delivery to Trustee or Trustee's Attorney. Any voucher which may have been filed in support of the account of a trustee of a testamentary trust may be withdra wn by leaving a certified copy on file, but must be produced on dem and, unless permanently withdrawn with the permission of the Su perior Court. Five (5) years from the date of settlement of the accoun t in support of which a voucher was filed the Clerk of the Superior Court m ay destroy the voucher or deliver it to the trustee or to the trus tee's attorney. SOURCE: California Probate Code, § 1130.

t in support of which a voucher was filed the Clerk of the Superior Court m ay destroy the voucher or deliver it to the trustee or to the trus tee's attorney. SOURCE: California Probate Code, § 1130. § 3335. Certificate; Action and Appointment as Trus tee. Upon application of the trustee or trustees of a tr ust created by will, the Clerk of the Superior Court shall issue a certi ficate that the trustee or trustees are duly appointed and acting trustee or t rustees under the will. SOURCE: California Probate Code, § 1130.1. § 3337. Combination of Assets and Administration of Testamentary Trusts as One Trust; Conditions. When a trustee who has been appointed by will or ap pointed by the Superior Court to execute a trust created by will i s appointed by another will or appointed by the Superior Court to execute a trust created by another will, and the provisions and terms of the d ecree establishing each trust are substantially identical, the Superior Cou rt may upon the petition of the trustee and without notice order the trustee to combine the assets and administer them as a single trust, if the Super ior Court determines that administration as a single trust will (a) be consistent

rustee and without notice order the trustee to combine the assets and administer them as a single trust, if the Super ior Court determines that administration as a single trust will (a) be consistent with the intent of the trustor, a nd (b) facilitate administration of the trust without defeating or impairing the interests of the beneficiaries. SOURCE: California Probate Code, § 1133. § 3339. Transfer of Testamentary Trust to Another J urisdiction. Where, under the provisions of Section 3301 of this Title, jurisdiction is retained by the Superior Court of a ny trust created by the will of a decedent, the Superior Court may order th at the place of administration or assets of the trust be transferre d to another jurisdiction, COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 13 pursuant to the procedure provided by Article 2 (co mmencing with Section 3341) of this Chapter. SOURCE: California Probate Code, § 1132. ---------- ARTICLE 2 TRANSFER TO ANOTHER JURISDICTION § 3341. Application of Article. § 3343. Transfer of Place of Administration or Asse ts. § 3345. Petition for Transfer; Contents. § 3347.

§ 1132. ---------- ARTICLE 2 TRANSFER TO ANOTHER JURISDICTION § 3341. Application of Article. § 3343. Transfer of Place of Administration or Asse ts. § 3345. Petition for Transfer; Contents. § 3347. Notice and Hearing; Notice to Persons Named in Petition; Opposition. § 3349. Order; Requirements. § 3351. Manner of Transfer; Conditions; Discharge o f Local Trustee. § 3353. Beneficiary Defined. § 3341. Application of Article. This Article applies to a trust over which jurisdic tion of the Superior Court continues after distribution, as provided in Section 3301 of this Title, and to any other trust to which the provisio ns of this Article are made applicable by statute or trust instrument. Thi s Article shall not be construed to prevent the transfer of the place of a dministration of a trust or of trust assets to another jurisdiction in any c ase where judicial approval or a transfer was not required under law i n effect immediately prior to the effective date of this Article. This A rticle shall not apply to any proceeding or action pending on the effective d ate of this Article. SOURCE: California Probate Code, § 1139. § 3343. Transfer of Place of Administration or Asse ts.

s A rticle shall not apply to any proceeding or action pending on the effective d ate of this Article. SOURCE: California Probate Code, § 1139. § 3343. Transfer of Place of Administration or Asse ts. An order may be made by the Superior Court for the transfer of the place of administration of a trust or the transfer of some or all of the assets of a trust to a State or another United Stat es territory: (a) where, under the provisions of Section 3301 of this Title, jurisdiction is retained by the Superior Court over any trust created by the will of a non-resident decedent, which will has been probated in the State or United States territory of such dec edent's residence COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 14 and a duly appointed, qualified and acting domicili ary trustee has entered upon and is engaged in the administration o f the same trust with respect to the assets situated in that State o r United States territory; or (b) where the trustee or beneficiary of a trust to which this Article applies desires to transfer the place of ad ministration of a trust to a State or another United States territory , unless the trust instrument precludes the

eficiary of a trust to which this Article applies desires to transfer the place of ad ministration of a trust to a State or another United States territory , unless the trust instrument precludes the transfer of the place of a dministration to any jurisdiction outside the territory of Guam. SOURCE: California Probate Code, § 1139.1. § 3345. Petition for Transfer; Contents. A petition for the order authorizing a transfer ref erred to in Section 3343 of this Title may be filed with the Clerk of t he Superior Court by the trustee or by a beneficiary of a trust. The pet ition shall be verified and shall state: (a) The names, ages and places of residence of (1) the trustee administering the trust in the terr itory of Guam, (2) the trustee, including any domiciliary trustee, in the other jurisdiction to whom administration of the tr ust or such assets will be transferred, and (3) all persons who are interested in the trust as beneficiaries, so far as known to petitioner; (b) Whether the trustee in the other jurisdiction h as agreed to accept the trust. If so, the acceptance or a true c opy thereof shall be attached as an exhibit to the petition, or otherwis e filed with the Clerk of the

tee in the other jurisdiction h as agreed to accept the trust. If so, the acceptance or a true c opy thereof shall be attached as an exhibit to the petition, or otherwis e filed with the Clerk of the Superior Court; (c) A statement of the character, condition, locati on and value of the property comprising the assets sought to be transferred; (d) A general statement of the qualifications of th e trustee who will administer the trust in the other jurisdiction ; the amount of bond, if any; the nature and value of the assets of any trust of the decedent or trustor under his administration in the other jurisdiction; and the name of the court, if any, having jurisdict ion of such trustee COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 15 or of such trustee's accounts or in which a proceed ing may be had, with respect to administration of the trust or the trustee's accounts; (e) Whether there is any pending civil action in th e territory of Guam against the trustee administering the trust in the territory of Guam; and (f) A statement of the reasons for the transfer. SOURCE: California Probate Code, § 1139.2. § 3347.

in th e territory of Guam against the trustee administering the trust in the territory of Guam; and (f) A statement of the reasons for the transfer. SOURCE: California Probate Code, § 1139.2. § 3347. Notice and Hearing; Notice to Persons Named in Petition; Opposition. Upon the filing of the petition referred to in Sect ion 3345 of this Title, the Clerk of the Superior Court shall set th e same for hearing, and notice of such hearing shall be given as provided i n Section 3401 of this Title, at least thirty (30) calendar days before th e time set for the hearing. The petitioner, at least thirty (30) calendar days prior to the time so set for hearing, shall cause to be sent, by registered mail, to each of the persons named in the petition, at their respective mailing addresses therein stated, a copy of such notice, or the petit ioner shall cause a copy of such notice to be personally served upon each of the persons named in the petition. Any person interested in the trust, e ither as a trustee, beneficiary, or otherwise, may appear and file writ ten grounds of opposi- tion thereto. SOURCE: California Probate Code, § 1139.3. § 3349. Order; Requirements.

ed in the trust, e ither as a trustee, beneficiary, or otherwise, may appear and file writ ten grounds of opposi- tion thereto. SOURCE: California Probate Code, § 1139.3. § 3349. Order; Requirements. The Superior Court may, in its discretion, grant th e petition referred to in Section 3345 of this Title and order the trus tee to transfer the trust assets or to change the place of administration to the other jurisdiction if, after the hearing, it appears to the Superior Court : (a) That the transfer of the trust assets to a tr ustee in a State or another United States territory, or that the transf er of the place of administration of the trust to a State or another U nited States territory, would facilitate the economical and conv enient administration of the trust and promote the best in terests of the trust and those interested therein; (b) That the substantial rights of residents of the territory of Guam will not be materially affected thereby; COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 16 (c) That the transfer will not violate the terms of the trust; and (d) That any new trustee, to whom the trust assets are to be transferred, is qualified and able to

H. 33 ADMINISTRATION OF TRUSTS 16 (c) That the transfer will not violate the terms of the trust; and (d) That any new trustee, to whom the trust assets are to be transferred, is qualified and able to administer th e trust or such assets upon the same trusts. SOURCE: California Probate Code, § 1139.4. § 3351. Manner of Transfer; Conditions; Discharge o f Local Trustee. If a transfer is ordered, the Superior Court may di rect the manner of transfer and impose such terms and conditions as ma y be just, including but not by limitation, a requirement for the substi tution of a successor trustee in any pending litigation in the territory of Guam. The delivery in accordance with the order of the Superior Court is a full discharge of the trustee in the territory of Guam in relation to all property embraced in the order. SOURCE: California Probate Code, § 1139.5. § 3353. Beneficiary Defined. For the purposes of this Article, beneficiary means all persons in being who shall or may participate in the corpus or income of the trust. SOURCE: California Probate Code, § 1139.7. ---------- ARTICLE C TRANSFER FROM ANOTHER JURISDICTION § 3355. Application and Construction of Article. § 3357.

ipate in the corpus or income of the trust. SOURCE: California Probate Code, § 1139.7. ---------- ARTICLE C TRANSFER FROM ANOTHER JURISDICTION § 3355. Application and Construction of Article. § 3357. Order Accepting Transfer of Trust. § 3359. Petition; Who May File. § 3361. Petition; Verification; Contents. § 3363. Setting Petition for Hearing; Notice; Oppos ition. § 3365. Grant of Petition; Issuance of Order; Requi rements. § 3367. Conditional Order Appointing Trustee; Trans fer of Assets or Place of Administration. § 3369. Administration of Trust in Guam; Law Govern ing. § 3371. Beneficiary Defined. § 3355. Application and Construction of Article. COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 17 This Article applies to any written voluntary expre ss trust or portion thereof, whether created by will or otherwise, admi nistered in another jurisdiction outside of the territory of Guam. This Article shall not be construed to prevent transfer of place of administr ation of a trust or of trust assets to the territory of Guam from another jurisdiction in any case where judicial approval of the transfer was not req uired under the law in effect immediately prior

ation of a trust or of trust assets to the territory of Guam from another jurisdiction in any case where judicial approval of the transfer was not req uired under the law in effect immediately prior to the effective date of t his Article. SOURCE: California Probate Code, § 1139.10. § 3357. Order Accepting Transfer of Trust. Subject to the limitations and requirements of this Article, an order may be made by the Superior Court accepting the tra nsfer of the place of administration of a trust from another jurisdiction to the territory of Guam, or the transfer of some or all of the assets of a trust in another jurisdiction to a trustee in the territory of Guam. SOURCE: California Probate Code, § 1139.11. § 3359. Petition; Who May File. A petition for the order accepting a transfer refer red to in Section 3357 of this Title, may be filed with the Clerk of the Superior Court by the trustee or by a beneficiary of the trust. SOURCE: California Probate Code, § 1139.12. § 3361. Petition; Verification; Contents. The petition referred to in Section 3359 of this Ti tle shall be verified and shall set forth: (a) The names, ages and mailing addresses of: (1) The trustee administering the trust

ication; Contents. The petition referred to in Section 3359 of this Ti tle shall be verified and shall set forth: (a) The names, ages and mailing addresses of: (1) The trustee administering the trust in the othe r jurisdiction; (2) The proposed trustee to whom administration of the trust or such trust assets will be transferred; and (3) All persons who are interested in the trust as beneficiaries as far as known to the petitioner. (b) Whether the trust has been subject to supervisi on over administration in another jurisdiction outside of t he territory of Guam. If so, whether a petition or appropriate requ est for transfer of COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 18 place of administration of the trust or such trust assets to the territory of Guam has been filed, if necessary, wit h the proper court in the other jurisdiction and the status of such pe tition or request. (c) Whether the trustee proposed to administer the trust in the territory of Guam has agreed to accept the trust in the territory of Guam. If so, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the Superior Court .

st in the territory of Guam has agreed to accept the trust in the territory of Guam. If so, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the Superior Court . (d) A general statement of the qualifications of th e trustee proposed to administer the trust in the territory o f Guam and the amount of fiduciary bond to be requested, if any. (e) A copy of the trust instrument or a statement o f the terms of the trust instrument in effect at the time the peti tion is filed, including all amendments thereto. (f) A statement of the character, condition, locati on, and value of the property comprising the assets sought to be transferred. (g) A statement of the reasons for the transfer. SOURCE: California Probate Code, § 1139.14. § 3363. Setting Petition for Hearing; Notice; Oppos ition. Upon the filing of the petition referred to in Sect ion 3359 of this Title, the Clerk of the Superior Court shall set th e petition for hearing, and notice of the hearing shall be given in the man ner provided in Section 3401 of this Title, at least thirty (30) ca lendar days prior to the time set for the hearing.

t th e petition for hearing, and notice of the hearing shall be given in the man ner provided in Section 3401 of this Title, at least thirty (30) ca lendar days prior to the time set for the hearing. The petitioner, at least thirty (30) calendar days prior to the time set for the hearing, shall cause to be sent, by registered mail, to each of the persons named in the petition, at their respective mailing addresses therein stated, or to be served p ersonally upon each such person, a copy of the notice of hearing. Any p erson interested in the trust, either as trustee, beneficiary, or otherwise , may appear and file written grounds in opposition to the petition. SOURCE: California Probate Code, § 1139.15. COMMENT: See § 701 of Title 1 for further particulars as to what constitutes Aregistered mail. @ § 3365. Grant of Petition; Issuance of Order; Requi rements. COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 19 The Superior Court may, in its discretion, grant th e petition referred to in Section 3359 of this Title and issue an order accepting transfer of place of administration of the trust or trust asset s to the territory of Guam, appoint a trustee to

t th e petition referred to in Section 3359 of this Title and issue an order accepting transfer of place of administration of the trust or trust asset s to the territory of Guam, appoint a trustee to administer the trust in the territory of Guam, and require the trustee to post appropriate bond, i f necessary, if after hearing it appears to the Superior Court that: (a) The transfer of the trust assets to a trustee i n the territory of Guam, or the transfer of the place of administratio n to the territory of Guam, will facilitate the economical and conveni ent administration of the trust and promote the best in terests of the trust and those interested therein; (b) The transfer will not violate the terms of the trust; (c) The trustee appointed by the Superior Court to administer the trust in the territory of Guam, to whom the tru st assets are to be transferred, is qualified, willing, and able to adm inister the trust or trust assets upon the same trusts; and (d) The proper court in the other jurisdiction has approved the transfer if such approval is necessary under the la w of the other jurisdiction. SOURCE: California Probate Code, § 1139.16. § 3367.

nd (d) The proper court in the other jurisdiction has approved the transfer if such approval is necessary under the la w of the other jurisdiction. SOURCE: California Probate Code, § 1139.16. § 3367. Conditional Order Appointing Trustee; Trans fer of Assets or Place of Administration. When appropriate to facilitate transfer of the trus t assets or the place of administration of a trust to the territory of Gu am, the Superior Court may issue a conditional order appointing a trustee to administer the trust in the territory of Guam and indicating that the tr ansfer to the territory of Guam will be accepted if the transfer is approved b y the proper court of the other jurisdiction. SOURCE: California Probate Code, § 1139.17. § 3369. Administration of Trust in Guam; Law Govern ing. Any trust transferred to the territory of Guam purs uant to the provisions of this Article shall be administered in the same manner as if the trust had been subject to supervision in the te rritory of Guam from the time of its creation. SOURCE: California Probate Code, § 1139.18(b). COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 20 § 3371. Beneficiary Defined.

te rritory of Guam from the time of its creation. SOURCE: California Probate Code, § 1139.18(b). COL1031201415 GCA ESTATES AND PROBATE CH. 33 ADMINISTRATION OF TRUSTS 20 § 3371. Beneficiary Defined. For the purposes of this Article, Abeneficiary @ means all persons in being who shall or may participate in the corpus or income of the trust. SOURCE: California Probate Code, § 1139.19. ---------- COL10312014