Acceptance of Trusteeship by Successor Trustee

ACCEPTANCE OF TRUSTEESHIP BY SUCCESSOR TRUSTEE

I. IDENTIFICATION OF TRUST

Name of Trust: [________________________________]

Date of Trust Instrument: [__/__/____]

Settlor(s) / Grantor(s): [________________________________]

Original Trustee(s): [________________________________]

Taxpayer Identification Number (EIN) of Trust:
☐ Trust already has EIN: [__-_______]
☐ EIN application (IRS Form SS-4) to be filed by accepting trustee
☐ Not yet required (revocable grantor trust using settlor's SSN)

Type of Trust:
☐ Revocable inter vivos (living) trust
☐ Irrevocable inter vivos trust
☐ Testamentary trust under Will dated [__/__/____]
☐ Other: [________________________________]

II. IDENTIFICATION OF ACCEPTING TRUSTEE

Name of Accepting Successor Trustee: [________________________________]

Address:
[________________________________]
[________________________________]

Telephone: [(___)___-____]

Email: [________________________________]

Capacity:
☐ Individual
☐ Corporate fiduciary / trust company
☐ Co-trustee with: [________________________________]

III. AUTHORITY FOR SUCCESSION

The undersigned has been duly named or appointed as successor trustee pursuant to:

☐ Article / Section [______] of the Trust Instrument, which provides for succession upon: [death / resignation / incapacity / removal] of the prior trustee.

☐ Court order entered [__/__/____] in the [_____________] Court, Case No. [__________].

☐ Appointment by qualified beneficiaries pursuant to Article / Section [______] of the Trust Instrument and UTC § 704.

☐ Other: [________________________________]

Predecessor Trustee: [________________________________]

Reason Predecessor Ceased to Serve:
☐ Death (date: [__/__/____])
☐ Resignation (effective: [__/__/____])
☐ Incapacity (determined: [__/__/____])
☐ Removal (date: [__/__/____])
☐ Other: [________________________________]

IV. WRITTEN ACCEPTANCE

In accordance with Uniform Trust Code § 701(a) (and analogous provisions of the law of the trust's governing jurisdiction), and any method of acceptance specified in the Trust Instrument, the undersigned hereby:

ACCEPTS THE TRUSTEESHIP of the above-identified Trust, and agrees to perform all duties of trustee in accordance with the Trust Instrument, applicable law, and the standards of a prudent trustee.

This acceptance is effective as of [__/__/____].

V. ACKNOWLEDGMENT OF FIDUCIARY DUTIES

The accepting trustee acknowledges that, upon acceptance, the following fiduciary duties commence under UTC § 801 and related provisions:

☐ Duty to administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries (UTC § 801)

☐ Duty of loyalty — to administer the trust solely in the interests of the beneficiaries (UTC § 802)

☐ Duty of impartiality among beneficiaries (UTC § 803)

☐ Duty of prudent administration (UTC § 804)

☐ Duty to incur only reasonable costs (UTC § 805)

☐ Duty to use special skills or expertise (UTC § 806)

☐ Duty to control and protect trust property (UTC § 809)

☐ Duty to keep adequate records and earmark trust property (UTC § 810)

☐ Duty to enforce and defend claims (UTC § 811)

☐ Duty to inform and report to qualified beneficiaries (UTC § 813)

☐ Compliance with the prudent investor rule (UTC §§ 901–906 / state Prudent Investor Act)

VI. RECEIPT OF TRUST PROPERTY FROM PREDECESSOR

The accepting trustee acknowledges receipt of the following trust property from the predecessor trustee (or from the predecessor's estate or legal representative):

A complete schedule of trust assets is attached as Schedule A (incorporated by reference).

Predecessor's Final Accounting:
☐ Received and reviewed (dated: [__/__/____])
☐ Waived by accepting trustee and qualified beneficiaries
☐ To be submitted within [______] days
☐ Court-approved accounting filed [__/__/____]

VII. BOND

Pursuant to UTC § 702 and Article / Section [______] of the Trust Instrument:

☐ Bond is waived by the express terms of the Trust Instrument; no bond will be posted.

☐ Bond is required. Successor trustee will post bond in the amount of $[__________] with [________________________________] as surety on or before [__/__/____].

☐ Bond is ordered by the court in the amount of $[__________].

☐ Beneficiaries have waived bond by written instrument dated [__/__/____] (copy attached).

VIII. TAX REGISTRATION

Federal EIN:
☐ Trust already holds EIN [__-_______]; trustee will update IRS records (Form 8822-B) to reflect change of fiduciary

☐ Trustee will apply for new EIN via IRS Form SS-4 (required upon settlor's death for formerly revocable trust, or upon creation of irrevocable trust)

☐ Revocable grantor trust — continues to use settlor's SSN; no separate EIN required

Fiduciary Income Tax Returns (Form 1041):
☐ Trustee will file Form 1041 for tax year ending [__/__/____]

☐ First fiduciary return previously filed by predecessor; trustee will file subsequent returns

I.R.C. § 645 Election (Qualified Revocable Trust):
☐ Not applicable
☐ Election will be made on Form 8855 to treat the qualified revocable trust as part of the related estate

State Tax Registrations:
☐ State fiduciary income tax registration filed in [STATE(S)]: [____________]
☐ Not applicable

IX. NOTICE TO QUALIFIED BENEFICIARIES (UTC § 813)

The accepting trustee acknowledges the obligation under UTC § 813(b) to notify the qualified beneficiaries of:

☐ The trustee's name, address, and telephone number

☐ The acceptance of the trusteeship

☐ The court (if any) in which the trust is registered

☐ The beneficiary's right to request a copy of the trust instrument

☐ The beneficiary's right to a trustee's report under UTC § 813(c)

Notice to Qualified Beneficiaries:
☐ Will be sent within 60 days of acceptance (UTC default)
☐ Has been sent on [__/__/____] (copies retained in trust file)
☐ State-modified deadline: [______] days under [statute]

List of Qualified Beneficiaries Notified:

X. CO-TRUSTEE PROVISIONS (IF APPLICABLE)

☐ Not applicable — sole trustee

☐ Trustee serves as co-trustee with [________________________________]; decisions require:
☐ Majority of co-trustees
☐ Unanimous consent
☐ Other: [________________________________]

☐ Co-trustee delegation pursuant to Article / Section [______] of the Trust Instrument

XI. REPRESENTATIONS BY ACCEPTING TRUSTEE

The undersigned represents and warrants:

1. The undersigned has read the Trust Instrument in its entirety and all amendments through [__/__/____].

2. The undersigned has no conflict of interest precluding service as trustee, other than as disclosed in Schedule B (if any).

3. The undersigned is not subject to any court order or professional disciplinary proceeding that would impair the ability to serve.

4. The undersigned has the legal capacity and (if a corporate fiduciary) the regulatory authority to serve as trustee in the trust's governing jurisdiction.

5. The undersigned will administer the trust in accordance with its terms, applicable law, and fiduciary standards.

XII. EXECUTION

Print Name: [________________________________]

Title (if corporate fiduciary): [________________________________]

NOTARY ACKNOWLEDGMENT

STATE OF [____________]
COUNTY OF [____________]

On this [____] day of [____________], 20[__], before me, the undersigned notary public, personally appeared [________________________________], proved to me through satisfactory evidence of identification to be the person whose name is signed above, and who acknowledged to me that he/she signed this Acceptance of Trusteeship voluntarily for its stated purpose.

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

SCHEDULES

• Schedule A — Inventory of Trust Property Received from Predecessor Trustee
• Schedule B — Disclosure of Potential Conflicts (if any)
• Schedule C — Copy of Trust Instrument and Amendments (if not separately filed)

Sources and References

• Uniform Trust Code §§ 701, 702, 801, 813 — Uniform Law Commission
• Cal. Prob. Code §§ 15600–15602
• Tex. Prop. Code § 112.009
• Fla. Stat. § 736.0701
• N.Y. EPTL § 7-2.5; N.Y. SCPA Article 7
• I.R.C. §§ 645, 6109; 26 C.F.R. § 301.6109-1
• IRS Form SS-4 (Application for Employer Identification Number)
• IRS Form 8822-B (Change of Address or Responsible Party — Business)
• IRS Form 8855 (Election to Treat a Qualified Revocable Trust as Part of an Estate)

This Acceptance of Trusteeship should be retained in the permanent trust records, delivered to the predecessor trustee (or the predecessor's estate), and provided to financial institutions and counterparties as evidence of trustee authority. State-specific recording, registration, or court-filing requirements may apply.