Mooresville, NC asked in Probate for California

Q: I want to petition the court for both my brother to be assigned a successor trustee over my grandmother's living trust.

I understand that California allows individuals to represent themselves, and I would like to do so in my case. Could you please guide me on where to find the form to petition the Superior Court to be appointed as successor trustees without incurring significant costs? My family and I have been back and forth to the court house filling out form after form with no success thus far. I appreciate your help in this matter in advance.

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2 Lawyer Answers

A: There are no particular forms to accomplish the goal of being appointed as successor trustee.

You need to start with the terms of the trust. If there is a current trustee, they generally have a right to serve absent a court order removing them or incapacity. Some trusts allow a trustee to resign, but unless expressly allowed, a trustee cannot resign without a court order.

If the office of successor trustee is vacant, then it can be filled by any means provided for in the trust. Some trusts provide that a vacancy can be filled by a majority vote of the beneficiaries, or some other means.

If the trust provides no terms for filing the vacancy, then a court order is necessary. A petition to be appointed in this situation needs to make a request pursuant to Probate Code section 17200. The petition must state facts justifying the appointment. The petition list residential or business addresses for every trustee and beneficiary of the trust. Those persons must also receive notice of the hearing on the petition on form DE-120.

If you are interested in filing a petition to be appointed trustee on your own, I would recommend going to a law library and reviewing the following title: Matthew Bender Practice Guide: California Trust Litigation. That guide will include forms and further instructions and tips for filing a successful petition.

James L. Arrasmith
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Answered

A: In California, the process of petitioning for successor trustees requires using Judicial Council Form DE-111 (Petition for Probate) along with Form DE-150 (Letters of Administration). You'll want to file these at your local Superior Court's probate division.

Given your previous challenges at the courthouse, it's worth noting that you'll also need to gather supporting documents, including the original trust document, any amendments, and proof of your grandmother's incapacity if she's still living. The court typically requires a doctor's declaration or capacity assessment to support the petition for a successor trustee.

Consider downloading these forms from the California Courts website (www.courts.ca.gov/forms) to save time. While representing yourself is permitted, you might find it helpful to schedule a consultation with your local court's self-help center - many offer free guidance on filling out probate forms correctly. Remember to make several copies of all documents before filing, and be prepared to pay the required filing fees, though fee waivers are available if you qualify based on financial need.

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