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Ark. Code Ann. § 28-73-704

Vacancy in trusteeship — Appointment of successor

Known as the Arkansas Trust Code

The act spans §§ 28–28 (103 sections).

Acts 2005, No. 1031, § 1.

(1) A vacancy in a trusteeship occurs if: 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 guardian of the person or conservator is appointed for an individual serving as trustee.

(7) If one (1) or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

(8) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority: by a person designated in the terms of the trust to act as successor trustee;

(9) by a person appointed by unanimous agreement of the qualified beneficiaries; or

(10) by a person appointed by a court.

(11) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority: by a person designated in the terms of the trust to act as successor trustee;

(12) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Attorney General concurs in the selection; or

(13) by a person appointed by a court.

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

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.