Appointment of Successor Trustee Template
[Trust Name]
[Trust Address, if applicable]
[City, State, ZIP Code]
Date: [Date]
Subject: Appointment of Successor Trustee
This Appointment of Successor Trustee is made with respect to the following trust:
Name of Trust: [Full Trust Name]
Date of Trust: [Original Trust Date]
Trustor / Settlor: [Full Name]
Current Status of Trust: [Revocable / Irrevocable / Other]
The person previously serving as trustee is:
Name: [Prior Trustee Full Name]
The prior trustee is no longer serving in that role for the following reason:
☐ Resignation
☐ Death
☐ Incapacity or inability to serve
☐ Removal under the trust terms
☐ Other: [Explain]
Effective date of vacancy or end of service: [Date]
3. Authority for Successor Appointment
The trust instrument provides that a successor trustee may be appointed, designated, or may automatically take office upon the occurrence of a vacancy in the office of trustee.
The authority for this appointment is based on:
[Describe the relevant section of the trust or other authority allowing the successor trustee to serve]
If additional consents, notices, or approvals are required under the trust, they are described here:
[Insert details or write “None”]
4. Appointment of Successor Trustee
Pursuant to the authority described above, the following person is hereby appointed as Successor Trustee of the trust:
Name of Successor Trustee: [Full Name]
Address: [Address]
City, State, ZIP Code: [City, State, ZIP Code]
Email: [Email Address]
Phone Number: [Phone Number]
The appointment shall become effective on:
[Effective Date]
From and after the effective date, the Successor Trustee shall have the authority to act on behalf of the trust to the extent permitted by the trust instrument and applicable law.
5. Acceptance by Successor Trustee
I, [Successor Trustee Full Name], accept the appointment as Successor Trustee of the trust identified above.
I understand that by accepting this appointment, I undertake the duties, obligations, and responsibilities of trustee under the trust instrument and applicable law, including the duty to administer the trust in good faith and in accordance with its terms.
I further agree to act in the best interests of the trust and its beneficiaries, keep appropriate records, and carry out my responsibilities with reasonable care.
6. Transfer of Trust Authority and Records
To the extent applicable, the prior trustee or other person holding trust records, account information, keys, property, or documents relating to the trust shall transfer or make available the following to the Successor Trustee:
-
trust documents and amendments;
-
financial account information;
-
property records and title information;
-
tax records and prior filings;
-
beneficiary contact information; and
-
other trust administration materials.
trust documents and amendments;
financial account information;
property records and title information;
tax records and prior filings;
beneficiary contact information; and
other trust administration materials.
Additional transfer details, if any:
[Insert details]
7. Representations
The undersigned state that, to the best of their knowledge:
-
the trust identified in this document exists and remains in effect;
-
the vacancy in the office of trustee has occurred as described above;
-
the Successor Trustee is authorized to serve under the trust terms or applicable law; and
-
this appointment is being made for trust administration purposes and may be relied upon by financial institutions, beneficiaries, title companies, and other third parties, subject to applicable law and their own requirements.
the trust identified in this document exists and remains in effect;
the vacancy in the office of trustee has occurred as described above;
the Successor Trustee is authorized to serve under the trust terms or applicable law; and
this appointment is being made for trust administration purposes and may be relied upon by financial institutions, beneficiaries, title companies, and other third parties, subject to applicable law and their own requirements.
8. Notices to Beneficiaries or Third Parties
Any notice required to beneficiaries, co-trustees, financial institutions, or other interested parties relating to this trustee transition shall be handled as follows:
[Describe notice process or write “To be provided separately, if required”]
9. Governing Law
This Appointment of Successor Trustee shall be governed by the laws of [State/Country], except to the extent the trust instrument specifies another governing law.
10. Signatures
The undersigned execute this Appointment of Successor Trustee as of the date first written above.
Successor Trustee:
Signature: __________________________
Name: [Successor Trustee Full Name]
Date: [Date]
Prior Trustee, if signing:
Signature: __________________________
Name: [Prior Trustee Full Name]
Date: [Date]
Additional person authorized to confirm the appointment, if applicable:
Signature: __________________________
Name: [Full Name]
Title or Capacity: [Trust Protector / Co-Trustee / Beneficiary / Other]
Date: [Date]
11. Notary Acknowledgment
State of [State]
County of [County]
On this [Day] day of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer], known to me or satisfactorily proven to be the person whose name is subscribed to this document, and acknowledged that they executed the same for the purposes stated herein.
Notary Public Signature: __________________________
Printed Name: [Notary Name]
My Commission Expires: [Date]
Notary Seal: __________________________
12. Optional Attachment List
Attach supporting documents if needed:
☐ Copy of trust certification or relevant trust excerpt
☐ Resignation of prior trustee
☐ Death certificate, if applicable
☐ Physician statement or incapacity documentation, if applicable
☐ Beneficiary consents or notices
☐ Other: [Describe]
