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Resignation of Trustee Form

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Updated September 15, 2026

A resignation of trustee form is a document used by a trustee to give formal, written notice of their intent to resign from a trusteeship position. The use of this form is often mandated either by state law or by the terms of the trust instrument.

Key Features

  • Settlor and trustee information. Describes the person who initially created the trust (the settlor) and the person who is resigning as trustee.
  • Beneficiary names. Identifies the current beneficiaries of the trust.
  • Trust name and creation date. Specifies and identifies the relevant trust.
  • Resignation of trusteeship. Notifies the interested parties of trustee’s resignation and provides specific advanced notice, if necessary.
  • Signature of trustee. Formalizes the trustee’s official resignation of the position.

How to Write a Resignation of Trustee Form (4 steps)

1. Enter the Information for the Settlor and the Trust

The top of the form should cover the relevant details regarding the trust. This includes the settlor’s name, the name of the trust, the state and county where it was created, and the date of creation.

2. Follow Resignation Procedures of the Trust

All trusts aren’t created equally. Some trusts may require a trustee to issue a written notice of resignation to some or all of the interested parties. Similarly, some trusts may require advanced notice of the written resignation. In any case, the trust document usually outlines any required writing, minimum notice period, and other procedures to follow in resigning.

State Laws – States that have adopted the Uniform Trust Code require that a resigning trustee give 30 days’ notice to the qualified beneficiaries, the settlor, and all co-trustees. Alternatively, a court may also approve the trustee’s resignation.[1]

3. Identify the Interested Parties

Enter the names of any co-trustees or adult beneficiaries of the trust, along with any other interested parties (such as successor trustees). Generally, these are the individuals to whom the resigning trustee must give notice of their resignation.

4. Sign and Notarize the Form

The resigning trustee must sign the form. For legal assurance, it is generally recommended that the resigning trustee sign before a notary to help ensure the document’s legal validity.

Frequently Asked Questions (FAQs)

Does a trustee need court approval to resign?

In most states, court approval is not always necessary. If the resigning trustee of a revocable trust gives 30 days’ notice to the interested parties, that is usually sufficient.[1]

However, the resignation process must always follow both state law and the terms of the trust instrument.

Are there any other steps the resigning trustee must take?

In addition to giving formal notice of their intent to resign, the trustee should prepare a final accounting of the trust’s finances and transfer any relevant records to the next trustee. This helps ensure transparency and a smooth transition process.

Does resigning relieve a trustee of any liability?

No, the trustee is still liable for actions taken while managing the trust, even after they have resigned.[2]

Sample

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