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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.
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.
Most trusts include a provision that outlines how a trustee may resign. Usually, this procedure includes signing a Resignation to Serve as Trustee and also sending written notice and a report and account of their actions as Trustee to the trust beneficiaries.
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.
If a trustee wants to resign, s/he can do so: As explained in the trust document; If the trust is revocable, by getting the person who has the power to revoke the trust to consent; If the trust is irrevocable, by consulting with all adult beneficiaries; or.