Estate Planning Glossary

successor trustee

also known asbackup trustee
  1. The person or institution that takes over running a trust when the original trustee dies, resigns, or becomes unable to serve.

  2. A successor trustee is the individual or entity named to step in and administer a trust when the acting trustee can no longer serve, commonly upon the death or incapacity of the settlor who served as initial trustee of a revocable living trust.

    The successor trustee holds the same fiduciary duties as any trustee: to follow the trust's terms, manage assets prudently, and act in the beneficiaries' interests. Naming a capable successor trustee is what makes a living trust function on incapacity and death.

Colorado & Wyoming notes

Trustee duties in Colorado follow the Colorado Uniform Trust Code (C.R.S. Title 15, Article 5); in Wyoming, the Wyoming Uniform Trust Code (Wyo. Stat. Title 4, Ch. 10). Both impose default fiduciary standards that the trust document can modify within limits.