Petition for Final Accounting Upon Resignation or Removal of Trustee or Termination of Trust
Checkout our iOS App for a better way to browser and research.
If the trustee resigns, is removed, or upon the full or partial termination of the trust, a qualified beneficiary or successor trustee may petition the court to require the trustee transferring or distributing the trust to appear before the court for a final accounting. However, a successor trustee shall not have any obligation to petition the court to require the final accounting. The trustee transferring or distributing the trust may also petition the court to approve a final accounting relieving the trustee from liability for the period of its administration. The final accounting period shall begin from the latest of:
The date of acceptance of the trusteeship by the trustee; or
The end of the period since an accounting was last approved by the court.
The petition shall set forth:
The name and address of the trustee;
The qualified beneficiaries of the trust; and
The period that the accounting covers.
The petition shall be served on each qualified beneficiary or their representative under part 3 of this chapter to the extent there is no material conflict of interest or on the trustee.
Upon review of the trustee's final accounting and after considering any objections thereto and any evidence presented, the court may approve the final accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties.
Upon approval of the petition, the trustee shall be relieved from liability for the period covered by the final accounting.
Costs and expenses, including reasonable attorney's fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court.