Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part II - ORPHANS' COURT RULES
Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS
Rule 5.7 - Appointment of a Trustee
Universal Citation: 231 PA Code ยง 5.7
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Contents of Petition. A petition for the appointment of a trustee may be filed by a resigning trustee, the current trustee or any trust beneficiary and shall conform to the requirements provided by the Rules in Chapter III and set forth the following:
(1)
the situs of the trust and if any court previously has exercised jurisdiction
over the trust;
(2) the provisions
of the instrument creating the trust;
(3) the general character, location, and
value of the trust property;
(4)
the reasons why any individual or corporation named in the trust instrument as
trustee or successor trustee is unable or unwilling to serve;
(5) the names, addresses and relationships of
all interested parties and whether those who have not joined in or consented to
the petition have been given notice of the filing of the petition, or the
reason for failing to give any interested party notice;
(6) the name and address of the proposed
trustee and his or her relationship, if any, to any interested party;
and
(7) whether the proposed
trustee has any interest in the trust.
(b) Exhibits. The following shall be attached to the petition:
(1) a copy
of the trust instrument;
(2) the
proposed trustee's written consent to the appointment;
(3) the signed written consents of all
interested parties who have not signed or joined in the petition, but who
consent to the appointment of the proposed trustee; and
(4) if issued, the consent or letter of
acquiescence from the Office of the Attorney General if required under
20 Pa.C.S. §
7764(d)(2).
Note: Rule 5.7 is based upon former Rule 12.6.
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