Can a Trustee resign from acting as trustee of a trust?

Yes.  In Mississippi, a trustee may resign after giving thirty days notice to the beneficiaries, maker of the trust (if alive) and all co-trustees, if any. The trustee may also petition the Chancery court to allow resignation.

If their is an alternate trustee or remaining co-trustee, such trustee may assume the duties of trustee. The maker of the trust may in come circumstances appoint another trustee if no alternate trusteee named.

If the court has to approve a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation.


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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.