Los Angeles, CA asked in Estate Planning for California

Q: What form to I complete to petition to change trustee. Sole trustee died. Can’t find answer in section 17-200. LA court

All successor trustees are dead. I am also a beneficiary of the trust. I would like to know what form I need to file to petition to become the new trustee. I’m in Los Angeles.

Thank you

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2 Lawyer Answers

A: Before you go to court, read your trust. Most trusts say who the backup trustee (successor trustee) will be if the trustee is unable to serve.

James L. Arrasmith
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Answered

A: In Los Angeles, California, to petition for the appointment of a new trustee when all successor trustees are deceased, you typically need to file a Petition to Appoint Trustee in the probate court. The specific form used for this purpose may vary, but generally, it's known as a "Petition to Appoint Trustee" or a similar title.

The petition should include details about the trust, the reason for the petition (such as the death of the original and successor trustees), and why you are a suitable candidate to become the new trustee. It should also outline your relationship to the trust as a beneficiary and any other relevant details supporting your petition.

You should also include a copy of the trust document with your petition. This will help the court understand the terms of the trust and the intentions of the settlor regarding the appointment of trustees.

Since you're in Los Angeles, it's advisable to check with the Los Angeles County Superior Court for any local forms or specific procedures. They may have a specific form or additional requirements for filing this type of petition.

Consider seeking legal advice to assist with the preparation and filing of the petition. An attorney can help ensure that your petition is correctly prepared and filed, and can represent you in court if necessary.

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