Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 7765 (2026)

 Resignation of trustee; filing resignation.

✓ current as of May 2026
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§ 7765.  Resignation of trustee; filing resignation.

(a)  Court approval.--(Deleted by amendment).

(a.1)  General rule.--A trustee may resign:

(1)  with court approval;

(2)  without court approval if authorized to resign by the terms of the trust; or

(3)  pursuant to a nonjudicial settlement agreement described in section 7710.1 (relating to nonjudicial settlement agreements - UTC 111).

(b)  Without court approval if authorized by trust instrument.--(Deleted by amendment).

(c)  Without court approval and without authorization in trust instrument.--(Deleted by amendment).

(d)  Liability.--The resignation of a trustee shall not by itself relieve the resigning trustee of liability in connection with the administration of the trust.

(e)  Filing resignation.--A resignation of a trustee may be filed with the clerk of the court having jurisdiction over the trust.

(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017; July 15, 2024, P.L.786, No.64, eff. 90 days)

 

2024 Amendment.  Act 64 amended subsec. (a.1)(2). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.

2016 Amendment.  Act 79 added subsec. (a.1) and deleted subsecs. (a), (b) and (c).

Cross References.  Section 7765 is referred to in section 7780.27 of this title.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2025 · leading case: Trust Under Will of Ashton, A.; Apl of: Reed, E. (Pa. 2021).
Trust Under Will of Ashton, A.; Apl of: Reed, E. (Pa. 2021). “Compare UTC §705 (providing for resignation upon 30 days’ notice to various parties), with 20 Pa.C.S. §7765(a.1) (allowing for resignation with court approval, without court approval if authorized by the trust instrument, or pursuant to a nonjudicial settlement agreement…”
In Re: B.M.K., Appeal of: L.K. (Pa. Super. Ct. 2025). “She blocked PNC’s attempts to resign as co-trustee, which PNC sought due to the difficulty of working with [Appellant] as a co-trustee, as permitted by 20 Pa.C.S. §§ 7765-[77]66. She failed to cooperate with PNC in the preparation and filing of the first and second accounts in…”
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