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The Florida Senate

2005 Florida Statutes

Section 737.309, Florida Statutes 2005

737.309  Resignation of trustee.--

(1)  A trustee may resign:

(a)  Upon at least 30 days' written notice to the settlor, if living, all cotrustees, and all persons entitled to a trust accounting pursuant to s. 737.303, as qualified by s. 731.303; or

(b)  With approval of the court. In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

(2)  Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.

(3)  If the resignation of a trustee would require the vacancy to be filled by a successor trustee, a trustee that resigns shall continue to serve until the successor assumes the trusteeship. The resigning trustee shall deliver copies of all notices and other records pertaining to the resignation to the successor trustee or, if none, to a cotrustee.

(4)  Notice of resignation shall be served in the manner provided in the Florida Rules of Civil Procedure relating to service of pleadings subsequent to the initial pleading. The notice may be served on a legal representative or natural guardian of a beneficiary without the filing of any proceeding or approval of any court.

History.--s. 2, ch. 2005-85.