101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Trustee Vacancies

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. 

Contact with questions about trusts, trustee vacancies and trust litigation