FAQs • Who can be appointed or qualified if the named testam

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Who can be appointed or qualified if the named testamentary trustee either renounces or is deceased?: Priority goes to any alternates named in the will. If no alternates are named, or if any alternate testamentary trustee renounces the right to serve (following the same procedure as the first named testamentary trustee) or if the alternate is deceased, then any beneficiary of the testamentary trust can make a written motion to the probate clerk to have someone appointed and qualified by the probate clerk as testamentary trustee under the will.

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Testamentary Trustee

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1. What is the definition of a testamentary trustee?: A testamentary trustee is a person who is nominated in a will as trustee for a trust that was created by a will.

2. How do I obtain the legal authority to act as a testamentary trustee?: First, the last will and testament must be probated before the clerk of the circuit court in the probate division. Second, the person who was nominated in the will as testamentary trustee must then formally qualify before the probate clerk of the circuit court.

3. What if the nominated testamentary trustee does not wish to serve?: The nominated testamentary trustee must prepare a notarized statement renouncing the appointment.

4. What if the nominated testamentary trustee is deceased?: A certified copy of the death certificate of the deceased testamentary trustee must be presented at the qualification appointment.

5. Who can be appointed or qualified if the named testamentary trustee either renounces or is deceased?: Priority goes to any alternates named in the will. If no alternates are named, or if any alternate testamentary trustee renounces the right to serve (following the same procedure as the first named testamentary trustee) or if the alternate is deceased, then any beneficiary of the testamentary trust can make a written motion to the probate clerk to have someone appointed and qualified by the probate clerk as testamentary trustee under the will.