Living Trust Trustee Resignation Form In California

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State:
Multi-State
Control #:
US-01182BG
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Word; 
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Description

A well drafted trust instrument will generally prescribe the method and manner of substitution, succession, and selection of successor trustees. Such provisions must be carefully followed. A trustee may be given the power to appoint his or her own successor. Also, a trustor may reserve, or a beneficiary may be given, the power to change trustees. This form is a sample a successor trustee accepting such appointment after the resignation of the original trustee.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Consent of Successor Trustee to Appointment Following Resignation of Original Trustee
  • Preview Consent of Successor Trustee to Appointment Following Resignation of Original Trustee

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FAQ

In that case, the trustee may resign either by obtaining consent from the appropriate parties or by filing a petition to resign with the probate court. California Probate Code §17200 allows a trustee to petition the court to accept their resignation as trustee.

How do I resign as trustee? ing to California Probate Code §15640, a trustee may only resign by one of the following methods: Any procedure outlined in the trust instrument. Obtaining the consent of the person who can revoke the trust (if the trust is revocable).

The Trustee can file a Petition in Probate Court for resignation. The Court will typically appoint a neutral licensed professional fiduciary. In some instances, a Trustee refuses to resign. Beneficiaries can file a Petition in Probate Court to remove the Trustee.

I, __________________, Trustee of __________________________________ do. hereby resign on _______________ (Date) all of my Trustee responsibilities, rights, title, and any other interest whatsoever I may have or had in this trust or trusts.

A resignation is a formal document that needs to be in writing and signed by the trustee but does not need to be notarized unless the trust language requires it.

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Living Trust Trustee Resignation Form In California