Vacancy in trusteeship — Appointment of successor

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  1. (a) A vacancy in a trusteeship occurs if:

    1. (1) a person designated as trustee rejects the trusteeship;

    2. (2) a person designated as trustee cannot be identified or does not exist;

    3. (3) a trustee resigns;

    4. (4) a trustee is disqualified or removed;

    5. (5) a trustee dies; or

    6. (6) a guardian of the person or conservator is appointed for an individual serving as trustee.

  2. (b) If one (1) or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

  3. (c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:

    1. (1) by a person designated in the terms of the trust to act as successor trustee;

    2. (2) by a person appointed by unanimous agreement of the qualified beneficiaries; or

    3. (3) by a person appointed by a court.

  4. (d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:

    1. (1) by a person designated in the terms of the trust to act as successor trustee;

    2. (2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Attorney General concurs in the selection; or

    3. (3) by a person appointed by a court.

  5. (e) Whether or not a vacancy in a trusteeship exists or is required to be filled, a court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.


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