uniform trust code - Kansas Judicial Branch

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This section provides a means for distinguishing the jurisdiction of the court having primary
jurisdiction for trust matters, whether denominated the probate court, chancery court, or by some
other name, from other courts in a State that may on occasion resolve disputes concerning trusts.
The section has been placed in brackets because the enacting jurisdiction may already address
subject-matter jurisdiction by other statute or court rule. The topic also need not be addressed in
States having unified court systems. For an explanation of types of proceedings which may be
brought concerning the administration of a trust, see the Comment to Section 201.
[SECTION 204. VENUE.
(a) Except as otherwise provided in subsection (b), venue for a judicial proceeding involving
a trust is in the county of this State in which the trust’s principal place of administration has been,
is or will be located or in the county in which any real property in which the trust has an interest is
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.
(b) 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.]
Kansas Comment
This section generally conforms to Kansas law. See K.S.A. 59-2203 (proceedings for
probate of will or administration shall be in county of decedent’s residence at time of death if
decedent owned an interest in real property in such county or if decedent does not own an interest
in real property in such county, in county of decedent’s residence at time of death or in any county
where decedent owned an interest in real property); K.S.A. 59-2207 (any fiduciary may be sued in
county in which appointed or resides); K.S.A. 59-1601 et seq. (testamentary trust accountings to be
filed in court where will admitted to probate); Godfrey v. Chandley, 248 Kan. 975, Syl. 6, 811 P.2d
1248 (1991) (proper venue for construction of testamentary trust is in county where will creating
trust is filed for probate). Provision regarding principal place of administration is new if such place
is other than trustee’s county of residence or appointment.
In subsection (a), the Kansas drafting committee changed the UTC by inserting the phrases,
"has been," and “or in the county in which any real property in which the trust has an interest is
located.”
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