{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-757.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-757.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-757.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-757.html"}],"law_id":66102,"edition_id":1,"section_id":66102,"structure_id":12788,"section_number":"64.2-757","catch_line":"Vacancy in trusteeship; appointment of successor","history":"2005, c. 935, \u00a7 55-547.04; 2012, c. 614.","full_text":"A\n\nA vacancy in a trusteeship occurs if:1\n\nA person designated as trustee rejects the trusteeship;2\n\nA person designated as trustee cannot be identified or does not exist;3\n\nA trustee resigns;4\n\nA trustee is disqualified or removed;5\n\nA trustee dies; or6\n\nAn individual serving as trustee is adjudicated an incapacitated person.B\n\nIf one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee.C\n\nA vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order of priority:1\n\nBy a person designated pursuant to the terms of the trust to act as successor trustee;2\n\nBy a person appointed by unanimous agreement of the qualified beneficiaries; or3\n\nBy a person appointed by the court pursuant to §§ 64.2-1405 and 64.2-1406, or pursuant to § 64.2-712.D\n\nA vacancy in a trusteeship of a charitable trust that is required to be filled shall be filled in the following order of priority:1\n\nBy a person designated pursuant to the terms of the trust to act as successor trustee;2\n\nBy a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust, subject, however, to the concurrence of the Attorney General in any case in which he has previously requested of an organization so designated that he be consulted regarding the selection of successor; or3\n\nBy a person appointed by the court pursuant to §§ 64.2-1405 and 64.2-1406, or pursuant to § 64.2-712.E\n\nWhether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.F\n\nA successor or surviving trustee shall succeed to all the rights, powers, and privileges, and shall be subject to all the duties, liabilities, and responsibilities imposed upon the original trustee without regard to the nature of discretionary powers conferred by the instrument, unless the trust instrument expressly provides to the contrary, or unless an order appointing the successor trustee provides otherwise.","order_by":null,"text":{"0":{"id":240123,"text":"A vacancy in a trusteeship occurs if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":240124,"text":"A person designated as trustee rejects the trusteeship;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":240125,"text":"A person designated as trustee cannot be identified or does not exist;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":240126,"text":"A trustee resigns;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":240127,"text":"A trustee is disqualified or removed;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":240128,"text":"A trustee dies; or","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":240129,"text":"An individual serving as trustee is adjudicated an incapacitated person.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":240130,"text":"If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":240131,"text":"A vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order of priority:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"9":{"id":240132,"text":"By a person designated pursuant to the terms of the trust to act as successor trustee;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":240133,"text":"By a person appointed by unanimous agreement of the qualified beneficiaries; or","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"11":{"id":240134,"text":"By a person appointed by the court pursuant to §§ 64.2-1405 and 64.2-1406, or pursuant to § 64.2-712.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"12":{"id":240135,"text":"A vacancy in a trusteeship of a charitable trust that is required to be filled shall be filled in the following order of priority:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"D1"},"13":{"id":240136,"text":"By a person designated pursuant to the terms of the trust to act as successor trustee;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"14":{"id":240137,"text":"By a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust, subject, however, to the concurrence of the Attorney General in any case in which he has previously requested of an organization so designated that he be consulted regarding the selection of successor; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"15":{"id":240138,"text":"By a person appointed by the court pursuant to §§ 64.2-1405 and 64.2-1406, or pursuant to § 64.2-712.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"16":{"id":240139,"text":"Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"17":{"id":240140,"text":"A successor or surviving trustee shall succeed to all the rights, powers, and privileges, and shall be subject to all the duties, liabilities, and responsibilities imposed upon the original trustee without regard to the nature of discretionary powers conferred by the instrument, unless the trust instrument expressly provides to the contrary, or unless an order appointing the successor trustee provides otherwise.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12788,"edition_id":1,"name":"Office of Trustee","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":274417,"object_type":"structure","relational_id":12788,"identifier":"7","token":"64.2\/III\/7\/7","url":"\/64.2\/III\/7\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12725,"edition_id":1,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274107,"object_type":"structure","relational_id":12725,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12724,"edition_id":1,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":273811,"object_type":"structure","relational_id":12724,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53964,"structure_id":12788,"section_number":"64.2-754","catch_line":"Accepting or declining trusteeship","url":"\/64.2-754\/","token":"64.2\/III\/7\/7\/64.2-754","metadata":false},{"id":63666,"structure_id":12788,"section_number":"64.2-755","catch_line":"Trustee's bond","url":"\/64.2-755\/","token":"64.2\/III\/7\/7\/64.2-755","metadata":false},{"id":61636,"structure_id":12788,"section_number":"64.2-756","catch_line":"Cotrustees","url":"\/64.2-756\/","token":"64.2\/III\/7\/7\/64.2-756","metadata":false},{"id":66102,"structure_id":12788,"section_number":"64.2-757","catch_line":"Vacancy in trusteeship; appointment of successor","url":"\/64.2-757\/","token":"64.2\/III\/7\/7\/64.2-757","metadata":false},{"id":78220,"structure_id":12788,"section_number":"64.2-758","catch_line":"Resignation of trustee","url":"\/64.2-758\/","token":"64.2\/III\/7\/7\/64.2-758","metadata":false},{"id":66828,"structure_id":12788,"section_number":"64.2-759","catch_line":"Removal of trustee","url":"\/64.2-759\/","token":"64.2\/III\/7\/7\/64.2-759","metadata":false},{"id":57985,"structure_id":12788,"section_number":"64.2-760","catch_line":"Delivery of property by former trustee","url":"\/64.2-760\/","token":"64.2\/III\/7\/7\/64.2-760","metadata":false},{"id":71429,"structure_id":12788,"section_number":"64.2-761","catch_line":"Compensation of trustee","url":"\/64.2-761\/","token":"64.2\/III\/7\/7\/64.2-761","metadata":false},{"id":63727,"structure_id":12788,"section_number":"64.2-762","catch_line":"Reimbursement of expenses","url":"\/64.2-762\/","token":"64.2\/III\/7\/7\/64.2-762","metadata":false}],"previous_section":{"id":61636,"structure_id":12788,"section_number":"64.2-756","catch_line":"Cotrustees","url":"\/64.2-756\/","token":"64.2\/III\/7\/7\/64.2-756","metadata":false},"next_section":{"id":78220,"structure_id":12788,"section_number":"64.2-758","catch_line":"Resignation of trustee","url":"\/64.2-758\/","token":"64.2\/III\/7\/7\/64.2-758","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-757\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":55343,"section_number":"64.2-779.38","catch_line":"Office of trust director","order_by":null,"url":"\/64.2-779.38\/"}],"refers_to":[{"id":63894,"section_number":"64.2-1405","catch_line":"Court may appoint trustee in place of one named in will, deed, or other writing; management by corporate trustee outside of the Commonwealth","order_by":null,"url":"\/64.2-1405\/"},{"id":68725,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","order_by":null,"url":"\/64.2-1406\/"}],"permalink":{"id":274431,"object_type":"law","relational_id":66102,"identifier":"64.2-757","token":"64.2\/III\/7\/7\/64.2-757","url":"\/64.2-757\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-757\/","token":"64.2\/III\/7\/7\/64.2-757","dublin_core":{"Title":"Vacancy in trusteeship; appointment of successor","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-757","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A vacancy in a trusteeship occurs if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A person<\/span> designated as trustee<\/span> rejects the trusteeship; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A person<\/span> designated as trustee<\/span> cannot be identified or does not exist; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A trustee<\/span> resigns; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A trustee<\/span> is disqualified or removed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A trustee<\/span> dies; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> An individual serving as trustee<\/span> is adjudicated an incapacitated person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order<\/span> of priority: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> By a person<\/span> designated pursuant to the terms of the trust to act as successor trustee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By a person<\/span> appointed by unanimous agreement of the qualified beneficiaries; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> By a person<\/span> appointed by the court<\/span> pursuant to §§ 64.2-1405<\/a> and 64.2-1406<\/a>, or pursuant to § 64.2-712<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A vacancy in a trusteeship of a charitable trust<\/span> that is required to be filled shall be filled in the following order<\/span> of priority: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> By a person<\/span> designated pursuant to the terms of the trust to act as successor trustee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By a person<\/span> selected by the charitable organizations<\/span> expressly designated to receive distributions under the terms of the trust, subject, however, to the concurrence of the Attorney General<\/span> in any case in which he has previously requested of an organization so designated that he be consulted regarding the selection of successor; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> By a person<\/span> appointed by the court<\/span> pursuant to §§ 64.2-1405<\/a> and 64.2-1406<\/a>, or pursuant to § 64.2-712<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Whether or not a vacancy in a trusteeship exists or is required to be filled, the court<\/span> may appoint an additional trustee<\/span> or special fiduciary<\/span> whenever the court<\/span> considers the appointment necessary for the administration of the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A successor or surviving trustee<\/span> shall succeed to all the rights, powers, and privileges<\/span>, and shall be subject to all the duties, liabilities, and responsibilities imposed upon the original trustee<\/span> without regard to the nature of discretionary powers conferred by the instrument, unless the trust instrument<\/span> expressly provides to the contrary, or unless an order<\/span> appointing the successor trustee<\/span> provides otherwise. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVACANCY IN TRUSTEESHIP; APPOINTMENT OF SUCCESSOR (\u00a7 64.2-757)\n\nA. A vacancy in a trusteeship occurs if:\n\n 1. A person designated as trustee rejects the trusteeship;\n\n 2. A person designated as trustee cannot be identified or does not exist;\n\n 3. A trustee resigns;\n\n 4. A trustee is disqualified or removed;\n\n 5. A trustee dies; or\n\n 6. An individual serving as trustee is adjudicated an incapacitated person.\n\nB. If one or more cotrustees remain in office, a vacancy in a trusteeship need\nnot be filled. A vacancy in a trusteeship shall be filled if the trust has no\nremaining trustee.\n\nC. A vacancy in a trusteeship of a noncharitable trust that is required to be\nfilled shall be filled in the following order of priority:\n\n 1. By a person designated pursuant to the terms of the trust to act as\n successor trustee;\n\n 2. By a person appointed by unanimous agreement of the qualified\n beneficiaries; or\n\n 3. By a person appointed by the court pursuant to §§ 64.2-1405 and\n 64.2-1406, or pursuant to § 64.2-712.\n\nD. A vacancy in a trusteeship of a charitable trust that is required to be\nfilled shall be filled in the following order of priority:\n\n 1. By a person designated pursuant to the terms of the trust to act as\n successor trustee;\n\n 2. By a person selected by the charitable organizations expressly designated\n to receive distributions under the terms of the trust, subject, however, to\n the concurrence of the Attorney General in any case in which he has previously\n requested of an organization so designated that he be consulted regarding the\n selection of successor; or\n\n 3. By a person appointed by the court pursuant to §§ 64.2-1405 and\n 64.2-1406, or pursuant to § 64.2-712.\n\nE. Whether or not a vacancy in a trusteeship exists or is required to be filled,\nthe court may appoint an additional trustee or special fiduciary whenever the\ncourt considers the appointment necessary for the administration of the trust.\n\nF. A successor or surviving trustee shall succeed to all the rights, powers, and\nprivileges, and shall be subject to all the duties, liabilities, and\nresponsibilities imposed upon the original trustee without regard to the nature\nof discretionary powers conferred by the instrument, unless the trust instrument\nexpressly provides to the contrary, or unless an order appointing the successor\ntrustee provides otherwise.\n\nHISTORY: 2005, c. 935, \u00a7 55-547.04; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}