ILCS » Chapter 760 · Act 3
Illinois Compiled Statutes

760 ILCS 3/704 (2026)

Vacancy in trusteeship; appointment of successor

✓ current as of May 2026
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(760 ILCS 3/704)
    Sec. 704. Vacancy in trusteeship; appointment of successor.
    (a) A vacancy in a trusteeship occurs if:
        (1) a person designated as trustee declines the
    
trusteeship;
        (2) a person designated as trustee cannot be
    
identified or does not exist;
        (3) a trustee resigns;
        (4) a trustee is disqualified or removed;
        (5) a trustee dies;
        (6) a guardian is appointed for an individual
    
serving as trustee; or
        (7) an individual serving as trustee becomes
    
incapacitated.
    (b) If one or more co-trustees remain in office, a vacancy in a trusteeship need not be filled and the remaining co-trustees or trustee may act for the trust. A vacancy in a trusteeship must be filled if the trust has no remaining trustee, or if the existing vacancy impairs the administration of the trust as determined by the remaining trustees.
    (c) A vacancy in a trusteeship of a trust that is required to be filled must be filled in the following order of priority:
        (1) by a person designated in accordance with the
    
trust instrument to act as successor trustee;
        (2) by a person appointed by a majority of the
    
beneficiaries who are distributees or permissible distributees of trust income; or
        (3) by a person appointed by the court.
    (d) If a trust contains a charitable interest, then the appointment of a successor trustee provided under paragraph (2) of subsection (c) shall not take effect until 30 days after written notice is delivered to the Attorney General's Charitable Trust Bureau. The Attorney General may waive this notice requirement.
(Source: P.A. 101-48, eff. 1-1-20.)

    
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Wilson v. Norman (N.D. Ill. 2025).
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Wilson v. Norman (N.D. Ill. 2025). · cites it 4× “Next, Sandra Norman asserts that Michael’s death created a vacancy in the trusteeship, and as a default trustee under Article VII § 8 of the Adia Trust, she properly filled that vacancy pursuant to the Illinois Trust Code, 760 ILCS 3/704(a)(5). Def.’s Mot. at 22. The Illinois…”
In re Est. of Fritz, 2025 IL App (3d) 240031-U (Ill. App. Ct. 2025). “” 3 We will refer to the court’s August 2014 order as the settlement order.”
760 ILCS 3/704(a)(5): 2 cases
Wilson v. Norman (N.D. Ill. 2025). “Next, Sandra Norman asserts that Michael’s death created a vacancy in the trusteeship, and as a default trustee under Article VII § 8 of the Adia Trust, she properly filled that vacancy pursuant to the Illinois Trust Code, 760 ILCS 3/704(a)(5). Def.’s Mot. at 22. The Illinois…”
In re Est. of Fritz, 2025 IL App (3d) 240031-U (Ill. App. Ct. 2025). “” 3 We will refer to the court’s August 2014 order as the settlement order.”
760 ILCS 3/704(b): 1 case
Wilson v. Norman (N.D. Ill. 2025). “Next, Sandra Norman asserts that Michael’s death created a vacancy in the trusteeship, and as a default trustee under Article VII § 8 of the Adia Trust, she properly filled that vacancy pursuant to the Illinois Trust Code, 760 ILCS 3/704(a)(5). Def.’s Mot. at 22. The Illinois…”
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