2010 California Code
Probate Code
Article 4. Appointment Of Trustees

PROBATE CODE
SECTION 15660-15660.5



15660.  (a) If the trust has no trustee or if the trust instrument
requires a vacancy in the office of a cotrustee to be filled, the
vacancy shall be filled as provided in this section.
   (b) If the trust instrument provides a practical method of
appointing a trustee or names the person to fill the vacancy, the
vacancy shall be filled as provided in the trust instrument.
   (c) If the vacancy in the office of trustee is not filled as
provided in subdivision (b), the vacancy may be filled by a trust
company that has agreed to accept the trust 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 terminated at the time the agreement is made. If a
beneficiary has a conservator, the conservator may agree to the
successor trustee on behalf of the conservatee without obtaining
court approval. Without limiting the power of the beneficiary to
agree to the successor trustee, if the beneficiary has designated an
attorney in fact who has the power under the power of attorney to
agree to the successor trustee, the attorney in fact may agree to the
successor trustee.
   (d) If the vacancy in the office of trustee is not filled as
provided in subdivision (b) or (c), on petition of any interested
person or any person named as trustee in the trust instrument, the
court may, in its discretion, appoint a trustee to fill the vacancy.
If the trust provides for more than one trustee, the court may, in
its discretion, appoint the original number or any lesser number of
trustees. In selecting a trustee, the court shall give consideration
to any nomination by the beneficiaries who are 14 years of age or
older.


15660.5.  (a) The court may appoint as trustee of a trust the public
guardian or public administrator of the county in which the matter
is pending subject to the following requirements:
   (1) Neither the public guardian nor the public administrator shall
be appointed as trustee unless the court finds, after reasonable
inquiry, that no other qualified person is willing to act as trustee
or the public guardian, public administrator, or his or her
representative consents.
   (2) The public administrator shall not be appointed as trustee
unless either of the following is true:
   (A) At the time of the appointment and pursuant to the terms of
the trust, the entire trust is then to be distributed outright. For
purposes of this paragraph, a trust that is "then to be distributed
outright" does not include a trust pursuant to which payments to, or
on behalf of, a beneficiary or beneficiaries are to be made from the
trust on an ongoing basis for more than six months after the date of
distribution.
   (B) The public administrator consents.
   (3) Neither the public guardian nor the public administrator shall
be appointed as a cotrustee unless the public guardian, public
administrator, or his or her representative consents.
   (4) Neither the public guardian nor the public administrator shall
be appointed as general trustee without a hearing and notice to the
public guardian or public administrator, or his or her
representative, and other interested persons as provided in Section
17203.
   (5) Neither the public guardian nor the public administrator shall
be appointed as temporary trustee without receiving notice of
hearing as provided in Section 1220. The court shall not waive this
notice of hearing, but may shorten the time for notice upon a finding
of good cause.
   (b) (1) If the public guardian or the public administrator
consents to the appointment as trustee under this section, he or she
shall submit a written certification of the consent to the court no
later than two court days after the noticed hearing date described in
paragraph (4) or (5) of subdivision (a). The public administrator
shall not be appointed as trustee under subparagraph (A) of paragraph
(2) of subdivision (a) if, after receiving notice as required by
this section, the public administrator files a written certification
with the court that the public administrator is unable to provide the
level of services needed to properly fulfill the obligations of a
trustee of the trust.
   (2) If the public administrator has been appointed as trustee
without notice as required in paragraph (4) or (5) of subdivision
(a), and the public administrator files a written certification with
the court that he or she is unable to provide the level of services
needed to properly fulfill the obligations of a trustee of the trust,
this shall be good cause for the public administrator to be relieved
as trustee.
   (c) The order of appointment shall provide for an annual bond fee
as described in Section 15688.



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