2015 Maryland Code
ESTATES AND TRUSTS
Title 14.5 - MARYLAND TRUST ACT.
Subtitle 7 - OFFICE OF TRUSTEE.
§ 14.5-704 - Vacancies.

(a) In general. -- A vacancy in a trusteeship occurs if:

(1) A person designated as trustee rejects the trusteeship;

(2) A person designated as trustee cannot be identified or does not exist;

(3) A trustee resigns;

(4) A trustee is disqualified or removed;

(5) A trustee dies;

(6) A guardian of the person or guardian of the property is appointed for an individual serving as trustee;

(7) A trustee cannot be located for 120 consecutive days; or

(8) A trustee is unable to handle business affairs as determined by two licensed physicians.

(b) Cotrustees. --

(1) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled.

(2) A vacancy in a trusteeship shall be filled if the trust has no remaining trustee.

(c) Filling vacancies. -- A vacancy in a trusteeship that is required to be filled shall be filled in the following order of priority by a person:

(1) Designated in accordance with the terms of the trust to act as successor trustee;

(2) Appointed by unanimous agreement of the qualified beneficiaries; or

(3) Appointed by the court.

(d) Appointment by court. -- The court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust, whether or not a vacancy in a trusteeship exists or is required to be filled.