{"data":{"id":"us-de/12-del.-c.-3326","jurisdiction":"us-de","citation":"12 Del. C. § 3326","heading":"Resignation of an officeholder.","body":"(a) For purposes of this section and §§ 3327 and 3327A of this title, “officeholder” includes all of the following:\n(1) A trustee;\n(2) An “adviser,” as defined in § 3313 of this title.\n(3) A “designated representative,” as defined in § 3339 of this title.\n(4) An enforcer under § 3556(3) of this title.\n(5) Holder of a power to remove or appoint 1 or more fiduciaries or nonfiduciaries with respect to a trust.\n(b) An officeholder may resign:\n(1) If the governing instrument expressly permits the officeholder to resign, in accordance with the terms of the governing instrument;\n(2) If the governing instrument neither expressly permits nor prohibits the officeholder’s resignation, but establishes a procedure for the appointment of a successor officeholder that shall be willing and able to serve as such, upon 30 days written notice to the beneficiaries, those holding the power to appoint a successor officeholder, and any other officeholders;\n(3) Alternatively, even if either paragraph (b)(1) or (b)(2) of this section applies, by a modification of a trust under § 3342 of this title;\n(4) If paragraphs (b)(1), (b)(2), and (b)(3) of this section do not apply, by a nonjudicial settlement agreement under § 3338 of this title; or\n(5) In all other cases, with the approval of the Court of Chancery.\n(c) A beneficiary or other officeholder may waive the notice otherwise required by this section.\n(d) In approving a resignation, the Court of Chancery may impose orders and conditions reasonably necessary for the protection of the trust property, including the appointment of a special fiduciary.\n(e) Any liability of a resigning officeholder or of any sureties on the officeholder’s bond, if any, for acts or omissions of a resigning officeholder is not discharged or affected by the officeholder’s resignation.","path":["Title 12. Decedents’ Estates and Fiduciary Relations","Fiduciary Relations","CHAPTER 33. Administrative Provisions"],"source_url":"https://delcode.delaware.gov/title12/c033/index.html#3326","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:15Z","sha256":"df2fbe6906d30a450804b47355a1df7405bc3f0bd479c3a5ba94d1bdea868a07","source_id":"us-de","stale":true,"prev":"us-de/12-del.-c.-3325","next":"us-de/12-del.-c.-3327"},"notice":"GroundRules: Original legal text. Not legal advice."}