TrusteesGeneral Provisions
Section § 15600
This section outlines how a person can accept the role of a trustee. They can accept by signing the trust documents, or by knowingly performing trustee duties. However, if there's an immediate threat to the trust property, they can step in to protect it without formally accepting the trustee role, as long as they later provide written notice rejecting the role to the trust creator or a beneficiary, if necessary. There's no requirement for them to take action, even in emergencies.
Section § 15601
This section explains that a person who is named as a trustee of a trust has the right to refuse or reject that role in writing. If they don't explicitly accept the trustee role or any changes to the trust within a reasonable time, it's considered that they have rejected it. Once they reject the role or modifications, they aren't responsible for anything related to the trust or its changes.
Section § 15602
In California, a trustee usually doesn't need to provide a bond to ensure they perform their duties unless certain situations arise. These include when the trust document requires it, the court deems it necessary to protect the interests of beneficiaries despite a waiver, or if the court appoints someone not originally named as trustee in the trust. Even when a bond is typically required, the court might adjust the bond terms, such as its amount or necessity, except for newly appointed trustees, unless all adult beneficiaries agree otherwise.
If a bond is needed, it must be filed according to court specifications. Typically, the trust covers the bond's cost unless stated otherwise. Trust companies are exempt from bond requirements, even if the trust document says otherwise.
Section § 15603
If a trustee applies, the court clerk can give them a certificate proving they are officially appointed and currently serving as a trustee, as long as the court records verify this.
Section § 15604
This California law section explains the conditions under which a nonprofit charitable corporation can serve as a trustee for a trust. To be appointed, the corporation must be state-incorporated, authorized in its incorporation documents to be a trustee, and have a history as a tax-exempt private professional conservator in California for three years. Consent from the settlor or existing trustee is required, along with a finding from the court that the appointment benefits the settlor and trust estate.
A petition for appointment can be filed by the settlor, the nonprofit, or an existing trustee, and must include detailed trustee information and reasons for the appointment. The trustee must meet specific filing and bond requirements, and can be reimbursed for expenses and fees related to the trusteeship. If necessary, the trustee can be removed or resign according to established legal procedures. Throughout, the trustee must act according to the trust document and fiduciary duties.