Appointment of Successor Trustee
(CA)

Summary

This template is a stand-alone appointment of a successor trustee for a revocable living trust. It may be used in California. This template includes practical guidance, drafting notes, an alternate clause, and an optional clause. While most trust instruments nominate one or more successor trustees or successor co-trustees, the designated persons or entities may not be able or willing to serve. Therefore, it may be necessary or appropriate to nominate one or more successor trustees or successor co-trustees of a revocable living trust. Typically the trust instrument reserves this power to the settlor, who may use this template in lieu of an amendment to the trust instrument. However, if the trust continues after the settlor's death, the trust instrument should authorize third parties, such as the settlor's spouse, the last acting trustee, or the beneficiaries of the trust, the power to appoint one or more successor trustees or successor co-trustees. Further, the trust instrument should provide the procedure for filling the vacant trusteeship. If the trust instrument does not offer a viable means of filling a vacancy in the office of trustee, Cal. Prob. Code § 15660(c) authorizes appointment of a trust company as successor trustee on agreement of all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were then terminated. Barring such agreement, it would be necessary to petition the court and obtain an order appointing a successor trustee or successor co-trustees. Cal. Prob. Code § 15660(d). For a full listing of key content related to estate plans for married or partnered people in California, see Estate Plan for Individual with Spouse or Partner Resource Kit (CA). For more information on trusts in general, see Characteristics and Uses of Trusts (CA), Requirements and Restrictions on Trust Purposes and Administration (CA), and Revocation, Amendment, and Termination of Trusts (CA).