2005 California Probate Code Sections 15660-15660.5 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.  The public guardian shall not be appointed as a trustee of
any trust pursuant to subdivision (d) of Section 15660, unless the
court finds, based on reasonable inquiry, that no other qualified
person is willing to act as trustee.


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