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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) For purposes of this section and § 3327 of this title, the term “officeholder” includes a trustee, an “adviser” as defined in § 3313 of this title, a “designated representative” as defined in § 3339 of this title, and an enforcer under § 3556(3) of this title.
(b) An officeholder may resign:
(1) If the governing instrument expressly permits the officeholder to resign, in accordance with the terms of the governing instrument;
(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;
(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;
(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
(5) In all other cases, with the approval of the Court of Chancery.
(c) A beneficiary or other officeholder may waive the notice otherwise required by this section.
(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.
(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.
Cite this article: FindLaw.com - Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 3326. Resignation of an officeholder - last updated January 01, 2026 | https://codes.findlaw.com/de/title-12-decedents-estates-and-fiduciary-relations/de-code-sect-12-3326/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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