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Successor trustees have to willingly accept their role usually by signing a consent to serve or affidavit of appointment. If an existing trustee wishes to change their successor trustee, they must make an actual amendment to the trust. Most courts won't accept informal, self-made changes.

Obtain a Trustee Resignation Form from your attorney or the Court and complete and sign it in the presence of a notary public. 4. Make copies of your resignation. Give a copy to the new Trustee, mail a copy to all the trust beneficiaries and keep one in your personal file.

When the grantor dies, the trust becomes irrevocable and management or distribution of the assets passes to a successor trustee. Most trusts name the successor trustee when the trust is established; however, if you need to change or add a successor trustee, you can do so by amending the document.

Resignation is typically done by giving written notice to the beneficiaries and to the successor Trustee. The successor Trustee should receive the resignation so that he or she knows that it's their turn to manage the Trust estate.

Successor trustees are appointed in the trust document itself. The trustor will specify who they want to take over management of the trust if and when they can't do it themselves.

A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument. (b) In the case of a revocable trust, with the consent of the person holding the power to revoke the trust.

(a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under Section 17200.

Do not sign the trust agreement. Do not exercise any powers given to you under the trust agreement. Notify the trust's beneficiaries that you decline. Notify the other successor trustee you have declined.

Declination Of Successor Trustee Form

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