ADA
local probate rule 16

PROBATE RULE 16: TRUSTS

(Eff. 7/01/13)

A. TRUSTEE FEES

As to trusts that are within the Court’s jurisdiction, if the will or trust instrument contains provisions for a trustee’s compensation, the trustee shall receive compensation as provided therein. However, on a proper showing, the Court may allow a greater compensation when:

(1) the trustee’s services are substantially greater than those contemplated by the testator or settlor at the time the will was signed or the trust was created;

(2) the compensation provided in the will or trust is so unreasonably low that a competent trustee would not agree to administer the trust; or

(3) there are extraordinary circumstances.

If the trustee’s compensation is designated in the will or trust instrument as being “reasonable,” with no further guidance, the trustee shall ordinarily be compensated on a quantum meruit basis according to work actually performed, and after the Court’s consideration of the factors set forth in CRC 7.776, together with the provisions found at Local Rule 11.V.(4) in the event that the trustee is a private professional fiduciary.

(Eff. 7/01/13)

B. REMOVAL OF TRUSTEE

(Eff. 7/01/13)

Individuals requesting removal of a trustee may petition the Court for an order for removal. The petitioner may use the local form entitled Petition to Remove Trustee (Attachment PB-4034 ). Anyone objecting to a petition to remove the trustee may use the local form entitled Objection to Petition to Remove Trustee (Attachment PB-4038 ).

(Eff. 1/1/08)




Probate Rules of Court: Summary - Intro - 1 - 2 - 3 - 4 - 5 - 6 - 7
8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20
List of attached Probate local forms

© 2014 Superior Court of California, County of Santa Clara