Legal Question in Wills and Trusts in California

Re: order order for appointment of a successor trustee

generally no --- get his rsignation in writing preferably notorized and just write your own letter accepting the positon of sucessor trustee subject to all of the terms, conditions and requirements of the trust which you have read, understand and has been explained to you --- most everyone will accept these documents and not court order is necessary generally -- the problem will occur if any if some one or entity does not accept this and the attorney should then be able to solve this problem

Re: order order for appointment of a successor trustee

As stated, for a successor trustee to succeed to a position of trust will generally not require court procedures, but should be documented.

However, you should review the trust document for more details on how the trust itself sets forth the procedure for resignation of trustee and appointment of a successor trustees as many trust documents will have such provisions. You can look at Probate Code Sect 15640 for more information.

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Re: order order for appointment of a successor trustee

The court order/filing would not generally be necessary unless the trust is under court supervision now. Look to the trust instrument for specific instructions on the procedure required, and follow those instructions with written confirmations of the trustee resignation, required notices, and acceptance by the successor trustee(s).

If no successor trustee is named, the trust again may have a procedure, or if not, the California probate code allows a majority of the beneficiaries to select one without a court order.