Tennessee Code Annotated
Tenn. Code Ann. § 35-15-707 (2026)
Delivery of property by former trustee - Petition for approval of accountings and release and discharge from liability
✓ current as of May 2026
- (a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
- (b) A trustee who has resigned or been removed shall, within a reasonable time, deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.
- (c) Prior to delivering the trust property within the trustee's possession to the co-trustee, successor trustee, or other person entitled to it, a trustee who has resigned or been removed shall have the right and authority to petition the court for approval of its accountings and a release and discharge from all liability related to such trust as allowed under § 35-15-205.
Amended by 2019 Tenn. Acts, ch. 340, s 10, eff. 5/10/2019.
Acts 2004, ch. 537, § 57; 2007 , ch. 24, § 27.
Notes of Decisions
Cited in 5
cases, 2008–2017 · leading case: Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008).
Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008). “Tenn.Code Ann. § 35-15-707 (2007). 8 . By "other portions” we mean the land allocated to Debtor’s two siblings.”
Elm Child.'s Educ. Trust v. Wells Fargo Bank, N.A., 468 S.W.3d 529 (Tenn. Ct. App. 2014). “§ 35-15-707 (2007) (addressing duties of a trustee who has resigned or been removed); TenmCode Ann.”
Green Hills Mall TRG, LLC v. BakerSouth, LLC, 709 F. App'x 792 (6th Cir. 2017). “” Tenn. Code Ann. § 35-15-707 (b). Thus, we know exactly what happens with trust property when a trustee resigns or is removed — that is, when he quits or gets fired.”
Julia H. \Robin\" Meyers v. First Tennessee Bank, 503 S.W.3d 365 (2016). “The Trustee maintains on appeal that it “was compelled to continue to administer the Trust pursuant to the Trustee’s residual power” under Tenn.Code Ann. § 35-15-707 (2007). Conversely, the beneficiaries argue that, of the events listed in subsection (c), the Trust’s termination…”
John Mark Atkins, surviving spouse & next of kin of Victoria H. Atkins, & as parent of Lauren Atkins v. Robert Clive Marks (Tenn. Ct. App. 2008). “Tenn. Code Ann. § 35-15-707 (2007). 8 By “other portions” we mean the land allocated to Debtor’s two siblings.”
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