2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7764 - Vacancy in trusteeship; appointment of successor - UTC 704.

     § 7764.  Vacancy in trusteeship; appointment of successor - UTC
                704.
        (a)  When vacancy occurs.--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; or
            (6)  a trustee is determined by the court to be
        incapacitated pursuant to section 5511 (relating to petition
        and hearing; independent evaluation).
        (b)  Filling of vacancy.--A vacancy in a trusteeship need not
     be filled if one or more cotrustees remain in office and the
     trust instrument does not require that it be filled. A vacancy
     shall be filled if the trust has no remaining trustee.
        (c)  Filling vacancy for noncharitable trust.--A vacancy in a
     trusteeship of a noncharitable trust that is required to be
     filled shall be filled in the following order of priority:
            (1)  by a person designated in or pursuant to the
        provisions of the trust instrument to act as successor
        trustee;
            (2)  by a person appointed by unanimous written agreement
        of the qualified beneficiaries; or
            (3)  by a person appointed by the court.
        (d)  Filling vacancy for charitable trust.--A vacancy in a
     trusteeship of a charitable trust that is required to be filled
     shall be filled in the following order of priority:
            (1)  by a person designated in or under the provisions of
        the trust instrument to act as successor trustee;
            (2)  by a person selected by unanimous written agreement
        of the qualified beneficiaries if the Office of Attorney
        General concurs in the selection; or
            (3)  by a person appointed by the court.
        (e)  Appointment by court.--Whether or not a vacancy in a
     trusteeship exists or is required to be filled, the court may
     appoint an additional trustee or special fiduciary if the court
     considers the appointment desirable for the administration of
     the trust.
        (f)  Filing appointment.--An appointment of a trustee and an
     acceptance of an appointment of a trustee may be filed with the
     clerk of court having jurisdiction over the trust.

        Cross References.  Section 7764 is referred to in section
     7708 of this title.