North Dakota Code § 59-09-08

(108) Principal place of administration
Open in Lexace · Ask the AI about this section
1. Without precluding other means for establishing a sufficient connection with the 
designated jurisdiction, terms of a trust designating the principal place of 
administration are valid and controlling if a trustee's principal place of business is 
located in or a trustee is a resident of the designated jurisdiction, or all or part of the 
administration occurs in the designated jurisdiction.
2. A trustee is under a continuing duty to administer the trust at a place appropriate to its 
purposes, its administration, and the interests of the beneficiaries.
3. Without precluding the right of the court to order, approve, or disapprove a transfer, the 
trustee, in furtherance of the duty prescribed by subsection 2, may transfer the trust's 
principal place of administration to another state or to a jurisdiction outside of the 
United States.
4. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's 
principal place of administration or a proposed transfer of some or all of the trust 
property to a successor trustee not less than sixty days before initiating the transfer. 
The notice of proposed transfer must include the name of the jurisdiction to which the 
principal place of administration is to be transferred; the address and telephone 
number at the new location at which the trustee can be contacted; an explanation of 
the reasons for the proposed transfer; the date on which the proposed transfer is 
anticipated to occur; and the date, not less than sixty days after the giving of the 
notice, by which the qualified beneficiary must notify the trustee of an objection to the 
proposed transfer.
5. The authority of a trustee under this section to transfer a trust's principal place of 
administration or a proposed transfer of some or all of the trust property to a successor 
trustee terminates if a majority of the qualified beneficiaries notify the trustee of an 
objection to the proposed transfer on or before the date specified in the notice.

6. In connection with a transfer of the trust's principal place of administration, the trustee 
may transfer some or all of the trust property to a successor trustee designated in the 
terms of the trust or appointed pursuant to section 59-15-04.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.