(108) Principal place of administration
N.D. Cent. Code § 59-09-08
in effect59-09-08. (108) Principal place of administration
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t59c09.pdf#nameddest=59-09-08Fetched: 10/16/2026