72-38-205. Venue. (1) Except as otherwise provided in subsection (2), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.
(2) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.
(3) Except as otherwise provided in subsections (1) and (2), the proper county for commencement of a proceeding pursuant to this chapter is determined by the rules applicable to civil actions generally.
History: En. Sec. 28, Ch. 264, L. 2013.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
72-38-201. Subject matter jurisdiction
72-38-203. Jurisdiction over trustees and beneficiaries
72-38-204. Basis of jurisdiction over trust, trust property, and trust parties
72-38-206. Rules of procedure in trust proceedings
72-38-209. Notice -- method and time of giving
72-38-211. Pleadings -- when orders or notice binding one binds another -- representation
72-38-213. Petitioners -- grounds for petition
72-38-214. Commencement of proceedings
72-38-215. Dismissal of petition
72-38-216. Request for special notice
72-38-217. Request for copy of petition
72-38-218. Authority to make necessary orders -- temporary trustee
72-38-220. Intermittent judicial intervention in trust administration
72-38-221. Enforcement of beneficiary's rights under charitable trust by attorney general