Rule 5.7. Appointment of a Trustee.
(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.
Explanatory Comment
See 20 Pa.C.S. § 7764.
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