In any trust proceeding,whether brought before the clerk of superior court or the superior courtdivision of the General Court of Justice, the following rules applynotwithstanding any other applicable Rule of Civil Procedure or provision ofChapter 1 of the General Statutes:
(1) If the trustee isrequired to account to the clerk of superior court, then unless the terms ofthe governing instrument provide otherwise, venue for proceedings under G.S.36C‑2‑203 involving trusts is the place where the accountings arefiled.
(2) If the trustee isnot required to account to the clerk of superior court, then unless the termsof the governing instrument provide otherwise, venue for proceedings under G.S.36C‑2‑203 involving trusts is either of the following:
a. In the case of aninter vivos trust, in any county of this State in which the trust has itsprincipal place of administration or where any beneficiary resides.
b. In the case of atestamentary trust, in any county of this State in which the trust has itsprincipal place of administration, where any beneficiary resides, or in whichthe testator's estate was administered.
(3) Repealed by SessionLaws 2007‑106, s. 8, effective October 1, 2007.
(4) If a trust has notrustee, venue for a judicial proceeding for the appointment of a trustee is inany county of this State in which a beneficiary resides, in any county in whichtrust property is located, in the county of this State specified in the trustinstrument, if any county is so specified, or in the case of a testamentarytrust, in the county in which the decedent's estate was or is beingadministered. (2001‑413,s. 1; 2003‑261, s. 2; 2005‑192, s. 2; 2007‑106, s. 8.)
In any trust proceeding,whether brought before the clerk of superior court or the superior courtdivision of the General Court of Justice, the following rules applynotwithstanding any other applicable Rule of Civil Procedure or provision ofChapter 1 of the General Statutes:
(1) If the trustee isrequired to account to the clerk of superior court, then unless the terms ofthe governing instrument provide otherwise, venue for proceedings under G.S.36C‑2‑203 involving trusts is the place where the accountings arefiled.
(2) If the trustee isnot required to account to the clerk of superior court, then unless the termsof the governing instrument provide otherwise, venue for proceedings under G.S.36C‑2‑203 involving trusts is either of the following:
a. In the case of aninter vivos trust, in any county of this State in which the trust has itsprincipal place of administration or where any beneficiary resides.
b. In the case of atestamentary trust, in any county of this State in which the trust has itsprincipal place of administration, where any beneficiary resides, or in whichthe testator's estate was administered.
(3) Repealed by SessionLaws 2007‑106, s. 8, effective October 1, 2007.
(4) If a trust has notrustee, venue for a judicial proceeding for the appointment of a trustee is inany county of this State in which a beneficiary resides, in any county in whichtrust property is located, in the county of this State specified in the trustinstrument, if any county is so specified, or in the case of a testamentarytrust, in the county in which the decedent's estate was or is beingadministered. (2001‑413,s. 1; 2003‑261, s. 2; 2005‑192, s. 2; 2007‑106, s. 8.)
In any trust proceeding,whether brought before the clerk of superior court or the superior courtdivision of the General Court of Justice, the following rules applynotwithstanding any other applicable Rule of Civil Procedure or provision ofChapter 1 of the General Statutes:
(1) If the trustee isrequired to account to the clerk of superior court, then unless the terms ofthe governing instrument provide otherwise, venue for proceedings under G.S.36C‑2‑203 involving trusts is the place where the accountings arefiled.
(2) If the trustee isnot required to account to the clerk of superior court, then unless the termsof the governing instrument provide otherwise, venue for proceedings under G.S.36C‑2‑203 involving trusts is either of the following:
a. In the case of aninter vivos trust, in any county of this State in which the trust has itsprincipal place of administration or where any beneficiary resides.
b. In the case of atestamentary trust, in any county of this State in which the trust has itsprincipal place of administration, where any beneficiary resides, or in whichthe testator's estate was administered.
(3) Repealed by SessionLaws 2007‑106, s. 8, effective October 1, 2007.
(4) If a trust has notrustee, venue for a judicial proceeding for the appointment of a trustee is inany county of this State in which a beneficiary resides, in any county in whichtrust property is located, in the county of this State specified in the trustinstrument, if any county is so specified, or in the case of a testamentarytrust, in the county in which the decedent's estate was or is beingadministered. (2001‑413,s. 1; 2003‑261, s. 2; 2005‑192, s. 2; 2007‑106, s. 8.)
