Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 7771 (2026)

Duty to administer trust - UTC 801.

✓ current as of May 2026

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SUBCHAPTER H

DUTIES AND POWERS OF TRUSTEE

Sec.

7771. Duty to administer trust - UTC 801.

7772. Duty of loyalty - UTC 802.

7773. Impartiality - UTC 803.

7774. Prudent administration - UTC 804.

7775. Costs of administration - UTC 805.

7776. Trustee's skills - UTC 806.

7777. Delegation by trustee.

7778. Powers to direct.

7779. Control and protection of trust property - UTC 809.

7780. Recordkeeping and identification of trust property - UTC 810.

7780.1. Enforcement and defense of claims - UTC 811.

7780.2. (Reserved).

7780.3. Duty to inform and report.

7780.4. Discretionary powers.

7780.5. Powers of trustees - UTC 815.

7780.6. Illustrative powers of trustee.

7780.7. Distribution upon termination.

Cross References. Subchapter H is referred to in section 7701 of this title.

§ 7771. Duty to administer trust - UTC 801.

Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with applicable law.

(July 15, 2024, P.L.786, No.64, eff. 90 days)

2024 Amendment. See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.

Cross References. Section 7771 is referred to in section 7705 of this title.

Notes of Decisions

Cited in 7 cases (6 in the last 5 years), 2020–2023 · leading case: In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023).

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In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023). · cites it 2× “The breach may be “a single act that causes significant harm or involves flagrant misconduct” or “a series of smaller breaches,” such as violations of the trustee’s duties to administer the trust in good faith, 20 Pa.C.S. § 7771, or to keep the beneficiaries informed of events…”

Trust Under Deed of: Goodwin, J., Appeal of: Nagel (Pa. Super. Ct. 2021). · cites it 2× “” 20 Pa.C.S. § 7771. 12 “A trustee shall administer the trust as a prudent person would, by considering the purposes, provisions, distributional requirements and other circumstances of the trust and by exercising reasonable care, skill and caution.”

In Re: Thomson, G.,Appeal of: Thomson-Caliendo, J. (Pa. Super. Ct. 2020). “20 Pa.C.S. §§ 7771, - 20 - J-A04036-20 7772, 7774; Estate of Pew, 655 A.”

PA Enviro Def. Fdn, Aplt. v. Commonwealth (Pa. 2022). “” 20 Pa.C.S. § 7771. Moreover, the Commonwealth has a duty to treat the corpus of the trust with loyalty, impartiality, and prudence.”

In Re: Trust of Holdship, M. (Pa. Super. Ct. 2022). “The breach may be “a single act that causes significant harm or involves flagrant misconduct” or “a series of smaller breaches,” such as violations of the trustee’s duties to administer the trust in good faith, 20 Pa.C.S. § 7771, or to keep the beneficiaries informed of events…”

L.E. Green v. City of Johnstown PD (Pa. Commw. Ct. 2023). “at 5-11 (unpaginated) (discussing 20 Pa.C.S. § 7771 and conversion of trust assets).”

PA. Environ. Def. Fd., Aplt. v. Com & Gov. Wolf (Pa. 2021). “Accord 20 Pa.C.S. § 7771 (the trustee “shall administer the trust in good faith”); Comment (referencing, inter alia, Restatement (Second) of Trusts § 169 for background on trustee’s duties to administer trust).”

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