Legislation
SECTION 207
Lifetime trusts; jurisdiction and venue 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 2
§ 207. Lifetime trusts; jurisdiction and venue
1. The surrogate's court of any county has jurisdiction over the
estate of any lifetime trust which has assets in the state, or of which
the grantor was a domiciliary of the state at the time of the
commencement of a proceeding concerning the trust, or of which a trustee
then acting resides in the state or, if other than a natural person, has
its principal office in the state. The proper venue for proceedings
relating to such lifetime trusts is the county where (a) assets of the
trust estate are located, or (b) the grantor was domiciled at the time
of the commencement of a proceeding concerning the trust, or (c) a
trustee then acting resides, or, if other than a natural person, has its
principal office.
2. Where venue may lie in more than one county under the provisions of
subdivision one, the court where a proceeding is first commenced with
proper venue shall retain jurisdiction, and matters relating to the
estate of the lifetime trust pending in the surrogate's courts of other
counties shall be transferred to it.
3. A surrogate shall transfer any proceeding to the surrogate's court
of the proper county either on his own motion or on the motion of any
party.
1. The surrogate's court of any county has jurisdiction over the
estate of any lifetime trust which has assets in the state, or of which
the grantor was a domiciliary of the state at the time of the
commencement of a proceeding concerning the trust, or of which a trustee
then acting resides in the state or, if other than a natural person, has
its principal office in the state. The proper venue for proceedings
relating to such lifetime trusts is the county where (a) assets of the
trust estate are located, or (b) the grantor was domiciled at the time
of the commencement of a proceeding concerning the trust, or (c) a
trustee then acting resides, or, if other than a natural person, has its
principal office.
2. Where venue may lie in more than one county under the provisions of
subdivision one, the court where a proceeding is first commenced with
proper venue shall retain jurisdiction, and matters relating to the
estate of the lifetime trust pending in the surrogate's courts of other
counties shall be transferred to it.
3. A surrogate shall transfer any proceeding to the surrogate's court
of the proper county either on his own motion or on the motion of any
party.