Also known as: successor trustees · replacement trustee
Written by attorneys · grounded in primary & secondary sources — see below
A trustee appointed to succeed a prior trustee in the administration of a trust. The successor assumes all powers and duties upon the prior trustee's resignation, removal, death, or incapacity.
Scott Summers and his siblings petition the court to remove the current trustee of their family trust after the trustee relocates abroad and investment performance declines sharply. The court finds that removal serves the beneficiaries' interests and is consistent with the trust's purpose. A suitable successor trustee is available and steps in to manage the assets.
Sean Steele resigns as trustee of a revocable trust holding real estate. Until the trust property is delivered to the successor trustee, Sean retains authority to maintain insurance and prevent waste on the property. The successor trustee then assumes full control once delivery occurs.
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Sydney Santos is removed as trustee after persistent failure to file required tax returns. She must deliver all trust records and bank accounts to the successor trustee without delay. The successor trustee uses the delivered assets to resume proper administration.
Solomon Silver creates a revocable trust and serves as sole trustee. Upon his death the successor trustee named in the instrument assumes office and distributes the remaining assets to the designated beneficiaries. The successor trustee follows the trust terms without court intervention.
Sylvia Santos serves as successor trustee of a charitable trust that a court has declared terminated. The successor trustee conveys the remaining property back to the settlor's estate for distribution to heirs. The appointment allows orderly wind-up of the trust.
Samuel Soto and another individual are appointed successor trustees after the original trustee resigns from a municipal park trust. The successor trustees receive title to the trust property and continue administration under court supervision. Their appointment resolves the vacancy without disrupting ongoing operations.
A court may remove a trustee when all qualified beneficiaries request removal, a substantial change of circumstances has occurred, removal best serves the beneficiaries' interests, and a suitable successor is available.
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A removed trustee retains the duties of a trustee and the powers necessary to protect trust property until the property is delivered to the successor trustee or another entitled person.
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A removed trustee must proceed expeditiously to deliver all trust property in its possession to the successor trustee or other entitled person.
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Yes. The Uniform Trust Code expressly defines trustee to include an original, additional, and successor trustee, as well as a cotrustee.
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…this case comes to us in the very narrow context of a state court judgment accepting the resignation of a trustee and appointing successor trustees. The lower court judgment does not enjoin the new trustees to comply with the racial restriction in the trust, and there is therefore not presented for decision the question whether, should…