Trust & Estate Litigation · Haute Lawyer Network
What Is a Successor Trustee?
Last reviewed: June 2026
A successor trustee is the person or institution named in a trust document to take over as trustee when the original (or predecessor) trustee can no longer serve — due to death, incapacity, resignation, or removal. Choosing the right successor trustee is one of the most important decisions in creating a trust.
The successor trustee will be responsible for: managing and investing trust assets, making distributions to beneficiaries according to the trust terms, filing trust income tax returns, keeping accurate records and providing accountings to beneficiaries, and following all applicable trust administration laws.
The role requires financial competence, organizational ability, time availability, integrity, and the ability to navigate family dynamics — particularly in trusts with multiple beneficiaries who may have competing interests.
Frequently Asked Questions
Who can serve as a successor trustee?
Any competent adult — a family member, trusted friend, professional fiduciary, or corporate trustee such as a bank trust department. The trust document controls who is eligible and the order of succession.
What is a corporate trustee?
A bank, trust company, or other financial institution that provides professional trust management services. Corporate trustees are ideal for complex or large trusts, multi-generational trusts, or situations where family conflict makes an independent professional preferable.
What happens if all named successor trustees predecease the grantor or are unable to serve?
The trust document should provide a mechanism for court appointment of a trustee. If it does not, a beneficiary can petition the probate court to appoint a successor trustee.
Can the same person be both a beneficiary and the successor trustee?
Yes — this is common. However, a trustee who is also a beneficiary must still act impartially toward other beneficiaries and cannot use the trustee position to favor their own interests.
What is a trust protector?
A third party given powers to oversee the trustee, modify trust terms in certain circumstances, or remove and replace the trustee if necessary. Trust protectors provide additional flexibility and oversight in long-term trusts.
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