Montana § 72-38-704 - Vacancy In Trusteeship -- Appointment Of Successor
Full text of Montana Montana Code Annotated § 72-38-704 — Vacancy In Trusteeship -- Appointment Of Successor, with citation guidance and answers to common questions.
§ 72-38-704. Vacancy In Trusteeship -- Appointment Of Successor
Vacancy in trusteeship -- appointment of successor. (1) A vacancy in a trusteeship occurs if: (a) a person designated as trustee rejects the trusteeship; (b) a person designated as trustee cannot be identified or does not exist; (c) a trustee resigns; (d) a trustee is disqualified or removed; (e) a trustee dies; (f) a guardian or conservator is appointed for an individual serving as trustee; or (g) a trustee has been ordered committed as provided in 53-21-102 . (2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee. (3) A vacancy in a trusteeship of a trust that is required to be filled must be filled in the following order of priority: (a) by a person designated in the terms of the trust to act as successor trustee; (b) by a person appointed by unanimous agreement of the qualified beneficiaries; or (c) by a person appointed by the court. (4) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-38-704
What does Montana Code Annotated § 72-38-704 cover?
Section 72-38-704 ("Vacancy In Trusteeship -- Appointment Of Successor") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-38-704?
A common citation format is "Montana Code Annotated § 72-38-704" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-38-704 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.