A vacancy in trusteeship occurs when a trustee declines the trusteeship, the trustee cannot be located, resigns, dies, is disqualified/removed, or is found to be legally incapacitated. Under Missouri law, when there is a vacancy in a trusteeship it must be filled in the following order of priority:
(1) By a person designated in or per the terms of the trust document to act as successor trustee;
(2) By a person appointed by a majority of the qualified beneficiaries; or
(3) By a person appointed by the court.
Additionally, even when there is no vacancy, the court is authorized to appoint a special fiduciary whenever it is deemed necessary for the administration of the trust.