2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7765 - Resignation of trustee; filing resignation.

     § 7765.  Resignation of trustee; filing resignation.
        (a)  Court approval.--A trustee may resign with court
     approval.
        (b)  Without court approval if authorized by trust
     instrument.--A trustee may resign without court approval if
     authorized to resign by the trust instrument.
        (c)  Without court approval and without authorization in
     trust instrument.--
            (1)  Unless expressly provided to the contrary in the
        trust instrument, an individual trustee may resign without
        court approval and without authorization in the trust
        instrument if:
                (i)  there is at least one cotrustee and all
            cotrustees consent in writing to the resignation; and
                (ii)  all the qualified beneficiaries consent in
            writing to the resignation.
            (2)  This subsection shall not authorize the sole trustee
        of a trust to resign unless the trust instrument names a
        successor trustee or provides a method for appointing a
        successor trustee, and in either case the resignation shall
        not be effective until the successor trustee accepts the
        appointment in writing.
        (d)  Liability.--The resignation of a trustee shall not by
     itself relieve the resigning trustee of liability in connection
     with the administration of the trust.
        (e)  Filing resignation.--A resignation of a trustee may be
     filed with the clerk of the court having jurisdiction over the
     trust.