Appointment of a successor trustee refers to the process of having a new trustee take over management of a trust. Successor trustees step in to administer a trust after the original trustee has passed away or becomes incapacitated.

Does a successor trustee need to accept?

At this point they will inform you of their expectations and give you a better idea of your specific duties. It is worth saying that you are not obligated to accept the role of Successor Trustee. While you will likely only be nominated by a close friend or relative, you are not required to accept the role.

How do you nominate a successor trustee?

If there is nobody with the power to nominate a successor trustee, a beneficiary under the trust can file a petition in probate court asking to nominate someone. The beneficiary can ask to serve himself, or can nominate someone else.

Can a successor trustee decline appointment?

Why a Successor Trustee Might Decline Following are some of the many reasons that a successor trustee might refuse the appointment: The successor trustee may have predeceased you. The successor trustee may be living overseas. The successor trustee may not feel comfortable accepting this level of responsibility.

Can a trustee remove a successor trustee?

Removing a successor trustee is possible, and generally requires filing a petition for removal, while working with a trust litigation attorney. In such cases, it may be possible to have the successor trustee replaced by filing a petition for removal with the probate court.

How do you decline a successor trustee?

Do not exercise any powers given to you under the trust agreement. Notify the trust’s beneficiaries that you decline. Notify the other successor trustee you have declined. (Just inspecting the trust assets or acting to preserve the trust assets is not “acceptance” if you otherwise promptly reject the role of trustee.)

What happens when there is no successor trustee?

If there are no successor trustees nominated or they are unable or unwilling to act, the court must take immediate action to ensure that somebody is appointed. If there are no family members or other relatives willing to serve as the trustee, the court may appoint a professional fiduciary to serve as the trustee.