You were named successor trustee. What does Pennsylvania law expect?

Accepting the office

A person named as trustee becomes trustee by accepting. 20 Pa.C.S. §7761 provides that acceptance happens by substantially complying with a method of acceptance the trust provides or — where the trust provides none, or its method is not expressly exclusive — by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance. A named trustee who does not accept within a reasonable time after knowing of the designation is deemed to have rejected it.

Before accepting, a named trustee may act to preserve the trust property if a written rejection follows within a reasonable time, and may inspect the property to assess environmental or other liability (20 Pa.C.S. §7761(c)). A successor is not personally liable for a predecessor's acts and has no duty to investigate them (§7770).

The duties that apply from the first day

20 Pa.C.S. §7771 provides that, on accepting, a trustee administers the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with applicable law. The duties that follow are each stated in their own section: loyalty (§7772), impartiality (§7773), prudent administration (§7774), taking control of and protecting the property (§7779), and keeping adequate records with trust property kept separate (§7780).

The notice counted from the day you learn of the death

Pennsylvania's statute provides that, no later than 30 days after the trustee of a revocable trust learns that the settlor has died, the trustee sends a written notice to the settlor's personal representative, the spouse, each child who is sui juris and the current beneficiaries (20 Pa.C.S. §7780.3(c)). The notice states the trust's existence, the settlor's identity, the trustee's contact details, the right to a copy of the trust instrument on request, each current beneficiary's right to annual financial reports on request, and each trust director's contact details (§7780.3(i)).

A current beneficiary is a person 18 or older to or for whom income or principal must currently be distributed, or 25 or older to or for whom it may be distributed in the trustee's discretion (20 Pa.C.S. §7703). Who that is depends on the trust's own terms and each person's age.

The estate beside the trust

A revocable trust rarely holds everything. Property left outside it passes by beneficiary designation, by joint ownership with survivorship, or through the probate estate — a will may be offered for probate at any time (20 Pa.C.S. §3133), and the personal representative advertises the grant of letters (§3162).

The estate's clocks often reach the trustee's timing: after the settlor's death a revocable trust's property answers for the settlor's creditors as the estate does, the estate's own assets applied first; and if the representative's first advertisement does not occur within 90 days after the death, the trustee advertises the trust (20 Pa.C.S. §7755). A surviving spouse's election is filed within six months after the death or after probate, whichever is later (§2210).

The statutes, verbatim

• Claims and distribution after settlor's death

  20 Pa.C.S. §7755 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Accepting or declining trusteeship - UTC 701

  20 Pa.C.S. §7761 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Duty to administer trust - UTC 801

  20 Pa.C.S. §7771 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Duty to inform and report

  20 Pa.C.S. §7780.3 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

Common questions

Frequently asked questions

How does a Pennsylvania successor trustee accept the office?

By substantially complying with the method of acceptance the trust provides or, where it provides none or its method is not expressly exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee (20 Pa.C.S. §7761(a)).

Does a Pennsylvania trustee have to notify anyone when the settlor dies?

Pennsylvania's statute provides for a written notice, no later than 30 days after the trustee of a revocable trust learns of the death, to the personal representative, the spouse, each child who is sui juris and the current beneficiaries (20 Pa.C.S. §7780.3(c)).

Where do a Pennsylvania trustee's duties come from?

From the trust's terms and the Pennsylvania Uniform Trust Act: good faith (20 Pa.C.S. §7771), loyalty (§7772), impartiality (§7773), prudence (§7774), control and records (§§7779, 7780) and the duty to inform and report (§7780.3). Some of them the terms cannot override (§7705).

General information about Pennsylvania law, not legal advice.