Working with others · 5 min read
Deciding together
20 Pa.C.S. §7763 provides that co-trustees who do not reach a unanimous decision may act by majority. Where no majority agrees, the court, on petition of a trustee or a party in interest, may direct the exercise or nonexercise of the power as it deems necessary for the trust's best interest, unless the terms provide otherwise. Each co-trustee participates in the trustee's functions unless unavailable or properly delegated.
A vacancy
If a vacancy occurs, the remaining co-trustees may act for the trust (20 Pa.C.S. §7763(b)), and the vacancy need not be filled unless the terms require it; one that must be filled is filled by the person the terms designate, then by the qualified beneficiaries' unanimous written agreement, then by the court (§7764).
Signing for the trust
A certification of trust states the co-trustees' authority to sign and whether all or fewer than all are required to exercise the trustee's powers (20 Pa.C.S. §7790.3(a)(6)). Where a trust director rather than a co-trustee holds a power of direction, the directed trustee follows the director's exercise of it, except to the extent compliance would be willful misconduct (§7780.20).
The statutes, verbatim
Cotrustees - UTC 703
20 Pa.C.S. §7763 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Vacancy in trusteeship; appointment of successor - UTC 704
20 Pa.C.S. §7764 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty and liability of directed trustee - UDTA 9
20 Pa.C.S. §7780.20 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Certification of trust - UTC 1013
20 Pa.C.S. §7790.3 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Common questions
Do Pennsylvania co-trustees have to agree unanimously?
No. Co-trustees who do not reach a unanimous decision may act by majority (20 Pa.C.S. §7763(a)).
What if Pennsylvania co-trustees are deadlocked?
Unless the terms provide otherwise, the court, on petition of a trustee or a party in interest, may direct the exercise or nonexercise of the power (20 Pa.C.S. §7763(a.1)).
Can one Pennsylvania co-trustee sign alone?
It depends on the trust's terms; a certification of trust states the co-trustees' authority to sign and whether all or fewer than all are required (20 Pa.C.S. §7790.3(a)(6)).
Related reading
The Learning Center is general information about Pennsylvania law — not legal advice, and not a substitute for advice from a licensed Pennsylvania attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- Do Pennsylvania co-trustees have to agree unanimously?
- No. Co-trustees who do not reach a unanimous decision may act by majority (20 Pa.C.S. §7763(a)).
- What if Pennsylvania co-trustees are deadlocked?
- Unless the terms provide otherwise, the court, on petition of a trustee or a party in interest, may direct the exercise or nonexercise of the power (20 Pa.C.S. §7763(a.1)).
- Can one Pennsylvania co-trustee sign alone?
- It depends on the trust's terms; a certification of trust states the co-trustees' authority to sign and whether all or fewer than all are required (20 Pa.C.S. §7790.3(a)(6)).
General information about Pennsylvania law, not legal advice.