Section 633A.4105. Filling vacancy.

  1.  A trustee must be appointed to fill a vacancy in the office of the trustee only if the trust has no trustee or the terms of the trust require a vacancy in the office of cotrustee to be filled.

  2.  A vacancy in the office of trustee shall be filled according to the following:

  a.  By the person named in or nominated pursuant to the method specified by the terms of the trust.

  b.  If the terms of the trust do not name a person or specify a method for filling the vacancy, or if the person named or nominated pursuant to the method specified fails to accept, one of the following methods shall be used:

  (1)  By majority vote of all qualified beneficiaries, who are adults, and the representative of any minor or incompetent qualified beneficiary as provided in section 633A.6303.

  (2)  By a person appointed by the court on petition of an interested person or of a person named as trustee by the terms of the trust. The court, in selecting a trustee, shall consider any nomination made by the adult beneficiaries and representatives of any minor and incompetent beneficiaries as designated in section 633A.6303.

99 Acts, ch 125, §40, 109

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2000 Acts, ch 1150, §22

C2001, §633.4105

2002 Acts, ch 1107, §6, 7

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2003 Acts, ch 44, §103

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2003 Acts, ch 95, §12

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2005 Acts, ch 38, §54, 55

CS2005, §633A.4105