CHAPTER 7
 

APPOINTMENT AND DISCHARGE
OF FIDUCIARIES OTHER THAN GUARDIANS

 

 
 
 
 

C.

Trustees
     
Trustees are generally appointed by or pursuant to the deed or will under which the trust arises. In the case of testamentary trusts, the Court makes an award to the trustee in its adjudication of the personal representative’s account, if any. In the event the personal representative chooses not to file an account for audit, or if the need arises to have a trustee’s appointment confirmed at an earlier date, a petition may be filed in accordance with the provisions of Pa.O.C. Rule 12.14.

When a vacancy occurs for any reason - most commonly because of death, inability or renunciation - and the trust instrument does not designate a substitute or successor, an interested party must petition the Court to fill the vacancy. The requirements and procedures are set forth in PEF Code §7101 et seq., Pa.O.C. Rule 12.6, and Phila.O.C. Rule 12.6.A. The provisions for removal and discharge of trustees are similar to those relating to personal representatives and their surety. See PEF Code §7121; PEPH, Green Book 9.1.
 

 


 
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