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Why Do Trustees or Beneficiaries Petition the Probate Court?

Probate Courts are petitioned for a variety of reasons, among them:

  • To determine the validity of terms of the trust;
  • To identify the beneficiaries and determine who gets property, and when they get it, if the trust does not specify that information;
  • To settle the accounts and review the acts of the trustee;
  • To tell the trustee to do something, like report about the trust or account to the beneficiary;
  • To grant powers to the trustee;
  • To determine or review a trustee's pay;
  • To appoint or remove a trustee or accept a trustee's resignation;
  • To make the trustee pay for losses to the trust or a beneficiary that are the trustee's fault;
  • To approve or direct a change in the trust, or to end the trust;
  • To approve or direct dividing or combining trusts;
  • To authorize transfer of a trust or trust property to or from another country;
  • To direct transfer of a testamentary trust from one county to another;
  • To approve removal of a testamentary trust from court supervision; and
  • To determine the reasonableness of payment for legal services.

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