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Oregon · Through 2025 Edition

ORS 130.625: UTC 706. Removal of trustee.

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Where this section sits in the code
  1. 03 - Landlord-Tenant, Domestic Relations, Probate
  2. 13. Protective Proceedings; Powers of Attorney; Trusts
  3. Chapter 130 — Uniform Trust Code

(1) The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.

      (2) A court may remove a trustee if the court finds:

      (a) The trustee has committed a serious breach of trust;

      (b) Lack of cooperation among cotrustees substantially impairs the administration of the trust;

      (c) Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or

      (d) Removal of the trustee best serves the interests of all of the beneficiaries and:

      (A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;

      (B) A suitable cotrustee or successor trustee is available; and

      (C) The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.

      (3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under ORS 130.800 (2) as may be necessary to protect the trust property or the interests of the beneficiaries.

Collected 2026-09-03T23:50:11Z. Source file · JSON

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