2025 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 33. ADMINISTRATIVE PROVISIONS
§ 3326. Resignation of an officeholder.
(a) For purposes of this section and § 3327 of this title, the term “officeholder” includes a trustee, an “adviser” as defined in § 3313 of this title, a “designated representative” as defined in § 3339 of this title, and an enforcer under § 3556(3) of this title.
(b) An officeholder may resign:
(1) If the governing instrument expressly permits the officeholder to resign, in accordance with the terms of the governing instrument;
(2) If the governing instrument neither expressly permits nor prohibits the officeholder's resignation, but establishes a procedure for the appointment of a successor officeholder that shall be willing and able to serve as such, upon 30 days written notice to the beneficiaries, those holding the power to appoint a successor officeholder, and any other officeholders;
(3) Alternatively, even if either paragraph (b)(1) or (b)(2) of this section applies, by a modification of a trust under § 3342 of this title;
(4) If paragraphs (b)(1), (b)(2), and (b)(3) of this section do not apply, by a nonjudicial settlement agreement under § 3338 of this title; or
(5) In all other cases, with the approval of the Court of Chancery.
(c) A beneficiary or other officeholder may waive the notice otherwise required by this section.
(d) In approving a resignation, the Court of Chancery may impose orders and conditions reasonably necessary for the protection of the trust property, including the appointment of a special fiduciary.
(e) Any liability of a resigning officeholder or of any sureties on the officeholder's bond, if any, for acts or omissions of a resigning officeholder is not discharged or affected by the officeholder's resignation.
72 Del. Laws, c. 388, § 6; 74 Del. Laws, c. 82, § 7; 83 Del. Laws, c. 69, § 2; 85 Del. Laws, c. 160, § 3;
