{"data":{"id":"us-wv/w.-va.-code-44d-7-704","jurisdiction":"us-wv","citation":"W. Va. Code § 44D-7-704","heading":"Vacancy in trusteeship; appointment of successor.","body":"(a) A vacancy in a trusteeship occurs if:\n(1) A person designated as trustee rejects the trusteeship;\n(2) A person designated as trustee cannot be identified or does not exist;\n(3) A trustee resigns;\n(4) A trustee is disqualified or removed;\n(5) A trustee dies; or\n(6) A guardian or conservator is appointed for an individual serving as trustee.\n(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled unless otherwise provided in the terms of the trust instrument. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee.\n(c) Unless otherwise provided in the terms of the trust instrument, a vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order of priority:\n(1) By a person designated in the terms of the trust instrument to act as successor trustee;\n(2) By a person appointed by a unanimous record of the qualified beneficiaries; or\n(3) By a person appointed by the court having jurisdiction of the trust.\n(d) Unless otherwise provided, a vacancy in a trusteeship of a charitable trust that is required to be filled shall be filled in the following order of priority:\n(1) By a person designated in the terms of the trust to act as successor trustee;\n(2) By a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust instrument if the Attorney General of West Virginia either concurs in a record to the selection or fails to make a written objection to the selection within 90 days after receiving by certified or registered mail a notice of the selection by the charitable organizations; or\n(3) By a person appointed by the court having jurisdiction over the trust.\n(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may upon petition of the grantor, a qualified beneficiary, or a cotrustee, appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.","path":["CHAPTER 44D. UNIFORM TRUST CODE.","ARTICLE 7. OFFICE OF THE TRUSTEE."],"source_url":"https://code.wvlegislature.gov/44D-7-704/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:41Z","sha256":"9d5cdf0634a69c6e3f793f36302240e2816144fc3362080e96952dda4c9c49be","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44d-7-703","next":"us-wv/w.-va.-code-44d-7-705"},"notice":"GroundRules: Original legal text. Not legal advice."}