7708 - Situs of trust.

     § 7708.  Situs of trust.        (a)  Specified in trust instrument.--Without precluding other     means for establishing a sufficient connection with the     designated jurisdiction, provisions of a trust instrument     designating the situs of the trust are valid and controlling if:            (1)  a trustee's principal place of business is located        in or a trustee is a resident of the designated jurisdiction;            (2)  all or part of the trust administration occurs in        the designated jurisdiction; or            (3)  one or more of the beneficiaries resides in the        designated jurisdiction.        (b)  Unspecified in trust instrument.--If the trust     instrument does not specify a situs:            (1)  The situs of a testamentary trust shall be:                (i)  in the county where letters were granted to the            personal representative;                (ii)  if letters under subparagraph (i) have not been            granted, in a county where the letters might have been            granted; or                (iii)  if letters under subparagraph (i) have not            been granted and are not subject to being granted, in a            county in which any trustee resides or has a place of            business.            (2)  The situs of an inter vivos trust whose settlor is        domiciled in this Commonwealth when the trust becomes        irrevocable or, in the case of a revocable trust, when the        first application is made to a court concerning the trust        shall be:                (i)  during the settlor's lifetime, either in the            county of the settlor's principal residence or in the            county in which any of the trustees resides or has a            place of business; and                (ii)  after the settlor's death:                    (A)  in the county in which letters have been                granted to the settlor's personal representative;                    (B)  in a county in which letters might have been                granted;                    (C)  in a county which is the principal place of                the trust's administration; or                    (D)  in a county in which any trustee resides or                has a place of business.            (3)  The situs of an inter vivos trust whose settlor        either is living and not domiciled in this Commonwealth at        the time when the first application is made to a court        concerning the trust or was not domiciled in this        Commonwealth at the settlor's death after which the first        application to a court concerning the trust is made        thereafter shall be in a county where:                (i)  a trustee's principal place of business is            located or a trustee is a resident;                (ii)  all or part of the trust administration occurs;            or                (iii)  one or more of the beneficiaries reside.        (c)  Transfer.--By complying with subsections (d) and (e),     the trustee may transfer the trust's situs to another     jurisdiction if either immediately before or immediately after     the proposed transfer:            (1)  a trustee's principal place of business is located        in or a trustee is a resident of the proposed jurisdiction;            (2)  all or part of the trust administration occurs in        the proposed jurisdiction; or            (3)  one or more of the beneficiaries reside in the        proposed jurisdiction.        (d)  Notice of transfer.--The trustee shall notify the     qualified beneficiaries of a proposed transfer of a trust's     situs at least 60 days before the date as of which the trustee     intends to change the situs. The notice of proposed transfer     must include the following:            (1)  The name of the jurisdiction to which the situs is        to be transferred.            (2)  The address and telephone number at the new location        at which the trustee can be contacted.            (3)  The reasons for the proposed transfer.            (4)  The date on which the proposed transfer is        anticipated to occur.            (5)  A statement that if the situs is changed as the        trustee proposes, venue will thereafter be in the county of        the new situs consistent with section 7714 (relating to venue        - UTC 204).            (6)  The name and address of the court before which        judicial actions involving the trust will be heard after the        situs is changed as the trustee proposes.            (7)  A statement that the change in situs will occur only        if all qualified beneficiaries of the trust consent in        writing to the change.        (e)  Consent to transfer.--A trustee may transfer a trust's     situs under this section without court approval if all the     qualified beneficiaries of the trust consent in writing to the     change.        (f)  Successor trustee.--In connection with a transfer of the     trust's situs, the trustee may transfer some or all of the trust     property to a successor trustee designated in the trust     instrument or appointed pursuant to section 7764 (relating to     vacancy in trusteeship; appointment of successor - UTC 704).        (g)  Court-directed change in situs.--A court having     jurisdiction of a testamentary or inter vivos trust, on     application of a trustee or any party in interest, after notice     as the court shall direct and aided if necessary by the report     of a master and after accounting as the court shall require, may     direct, notwithstanding any other provision of this chapter,     that the situs of the trust shall be changed to any other place     within or without this Commonwealth if the court shall find the     change necessary or desirable for the proper administration of     the trust.        (h)  Claims not discharged.--A change in situs under this     section does not discharge any claim against the trustee.