How to Choose Successor Trustee
How to Choose the Right Successor Trustee for Your Living Trust in Utah
Creating a living trust is an important step in protecting your family and planning for the future. But one of the most important decisions you will make when creating your trust is choosing the right successor trustee.
In other words, the person who will handle everything if you become incapacitated or pass away.
Choosing the right person can make a significant difference in how smoothly your estate is managed and how well your wishes are carried out.
So, how do you know who to choose?
What Is a Successor Trustee?
When you create a revocable living trust, you typically serve as your own trustee. This means you continue managing your property, bank accounts, investments, and other trust assets just as you did before.
A successor trustee is the person you designate to take over those responsibilities when you can no longer serve.
This may happen when:
● You pass away.
● You become incapacitated and are unable to manage your financial affairs.
● You resign or otherwise stop serving as trustee.
Your successor trustee steps into the role according to the terms of your trust.
Unlike a personal representative who may need to be appointed through probate, a successor trustee can generally begin administering trust assets without court appointment when the trust's requirements for succession have been satisfied.
What Does a Successor Trustee Actually Do?
A successor trustee has a legal responsibility to manage trust property according to the trust's instructions and applicable Utah law.
Depending on the circumstances, responsibilities may include:
● Locating and protecting trust assets, this is generally called, marshaling the assets.
● Managing bank accounts, investments, and real estate.
● Paying appropriate trust expenses and debts.
● Keeping accurate financial records.
● Communicating with beneficiaries, i.e., managing emotions.
● Handling necessary tax filings.
● Distributing assets according to the trust.
● Managing property held in trust for beneficiaries over time.
For example, if your trust provides that your children receive their inheritance after your death, your successor trustee may be responsible for gathering trust assets, paying appropriate expenses, and distributing the remaining property.
If your trust provides that a child's inheritance remains in trust until a certain age, the successor trustee may need to manage that inheritance for several years.
Being a successor trustee is more than simply handing out money. It is a position of legal and financial responsibility - a fiduciary you can trust to manage your Living Trust.
1. Choose Someone You Trust
The first consideration is trustworthiness.
Your successor trustee may have access to your financial accounts, real estate, investments, and other valuable assets.
You want someone who will follow your instructions, act responsibly, and put the beneficiaries' interests ahead of personal preferences.
A person does not necessarily need to be wealthy or have extensive financial experience to be a good trustee.
However, honesty, sound judgment, and dependability are essential.
2. Consider Their Ability to Handle Financial Responsibilities
Your successor trustee may need to work with banks, financial advisors, accountants, attorneys, and other professionals.
Consider whether the person you are choosing is:
● Organized and responsible.
● Comfortable handling financial matters.
● Willing to maintain accurate records.
● Capable of making important decisions.
● Able to ask for professional help when needed.
Your successor trustee does not need to know everything about estate administration.
In many situations, trustees can hire qualified professionals to assist with legal, tax, investment, or accounting matters.
What matters is choosing someone who will take the responsibility seriously and put the estate’s interest above their own.
3. Think About Family Relationships
Many Utah families choose an adult child to serve as successor trustee. Often it’s the oldest of the children.
This can work very well, particularly when the child is responsible, trustworthy, and familiar with the family's circumstances.
However, family relationships should be considered carefully.
For example, if you have three children and name only one as successor trustee, the other children may have questions about why that child was selected.
That does not mean you should automatically name all three children.
In fact, naming multiple children to serve together can sometimes create complications if they disagree or have difficulty making decisions.
The best successor trustee is not necessarily your oldest child or the child who lives closest to you. It is the person best suited for the responsibility.
4. Should You Name More Than One Successor Trustee?
We love this question. Some parents want to name two or more children as co-trustees because they believe it will be fairer.
While this arrangement can work, there are important pros and cons to that arrangement.
Co-trustees may need to coordinate decisions, communicate regularly, and determine how responsibilities will be divided.
Potential complications include:
● Disagreements about selling property.
● Different opinions about distributions.
● Delays in making decisions.
● Difficulty coordinating signatures and financial transactions.
● Disputes between family members.
For some families, naming one successor trustee with an alternate trustee is simpler.
For others, co-trustees may be appropriate.
The right choice depends on the individuals involved and how the trust is written.
We’ve seen co-trustees work seamlessly, and others fight tooth and nail. Once the parents have passed away, it’s not uncommon for their children to feel lost and revert to behaviors and family dynamics they had when they were young. If the son and daughter or both daughters fought growing up, it’s possible they’ll do it again as co-trustees. Sometimes having one decision maker is the best choice, but it depends on the situation. In blended families, it’s likely more common to choose co-trustees to represent each family’s interests.
In situations where there will likely be conflict, a Trust Protector (a professional who can assist with matters of Trust administration) might be considered. Along with mediation requirements, a Trust Protector might be a viable option for maintaining the peaceful administration of one's Estate.
5. Consider Where Your Successor Trustee Lives
Your successor trustee does not necessarily need to live in Utah.
You may choose a child or another trusted person who lives in a different state.
However, distance can make certain responsibilities more challenging, especially when your trust owns real estate or other property that requires hands-on management.
A trustee living outside Utah may need to coordinate with local professionals, property managers, or family members.
Distance alone should not determine your decision, but it is worth considering. This is especially important for one’s advanced health care directive. It’s one thing to handle one’s finances and estate remotely, it’s entirely different to handle one’s healthcare remotely.
6. Always Name a Backup Successor Trustee
One mistake families sometimes make is naming only one successor trustee. We’ve waited to draft estate plans until clients come up with more than one individual, because it’s definitely a best practice to have more than one backup.
What happens if that person passes away, becomes incapacitated, or simply does not want to serve?
Without an available successor, appointing a replacement may become more complicated and could require court involvement.
That is why it is generally wise to name at least one alternate successor trustee.
For example:
● First choice: Your daughter.
● Second choice: Your son.
● Third choice: Another trusted individual or qualified institution.
Your trust should clearly explain who takes over if your first choice cannot serve. It’s also helpful if the individual you chose is a generation younger than yourself.
7. Make Sure the Person Is Willing to Serve
Before naming someone as successor trustee, consider discussing the responsibility with them.
Some people are honored to be chosen but may not understand what the role involves.
Others may have demanding careers, young families, health concerns, or other responsibilities that make serving difficult.
A conversation beforehand can help determine whether the person is comfortable accepting the role.
It can also provide an opportunity to explain where important documents are stored and whom they should contact when the time comes.
Although making sure the person is willing, in some instances we’ve seen children stress about the responsibility for years and if they are who you’d prefer serve, then you’ll need to balance their worries verses their abilities and willingness to help the estate and their siblings upon your death.
8. Can You Choose a Professional Trustee?
Yes.
Instead of naming a family member, some individuals choose a professional or corporate trustee, such as a qualified trust company.
This may be worth considering when:
● There are significant or complex assets.
● Family members do not get along.
● A beneficiary has special needs.
● Trust assets must be managed for many years.
● No family member is willing or suitable to serve.
Professional trustees typically charge fees and may have minimum asset requirements.
For many families, a trusted relative is an appropriate choice. However, professional trustees can provide an alternative when circumstances are more complicated.
Can a Successor Trustee Also Be a Beneficiary?
Yes.
In Utah, a successor trustee can also be a beneficiary of the trust.
For example, you may name your daughter as successor trustee while also providing that she and her siblings receive equal shares of your estate.
However, being both trustee and beneficiary creates responsibilities that must be handled carefully.
The trustee must comply with the trust's terms and applicable fiduciary duties, including duties involving the interests of other beneficiaries.
A trustee cannot simply distribute additional money to themselves because they are in charge.
Clear trust instructions can help reduce confusion and disagreements.
Can You Change Your Successor Trustee Later?
Generally, yes.
If you have a revocable living trust and retain the authority to amend it, you can usually change your successor trustee while you have the legal capacity to do so.
Life circumstances change.
The person you originally selected may move away, develop health problems, experience financial difficulties, or become unable or unwilling to serve.
Family relationships may also change.
Reviewing your successor trustee designations periodically helps ensure that the people named in your trust are still the right choices.
What Happens If You Do Not Have a Successor Trustee?
If your named successor trustee cannot serve and no alternate is available, the trust may provide another method for selecting a replacement.
If it does not, court involvement may be necessary.
This can create additional delays and expenses for your family.
Naming appropriate successor trustees and alternates is an important part of keeping your estate plan organized.
If something happens to your Successor Trustee, it’s advised to amend your documents and add another person - doing so is easier, faster and cheaper than court involvement.
Choosing the Right Successor Trustee Is About More Than Age or Family Position.
There is no single answer that works for every family.
Some parents choose their oldest child. Others choose the child who is most financially responsible. Some name co-trustees, while others select a trusted friend or professional.
The important question is:
Who is most capable of carrying out my wishes, protecting the trust assets, and treating the beneficiaries fairly?
A carefully chosen successor trustee can help make the administration of your trust smoother and reduce unnecessary stress for your loved ones.
How Does Your Successor Trustee Fit Into Your Overall Estate Plan?
Choosing a successor trustee is just one part of creating an effective living trust.
Your trust must also be properly prepared, funded, and coordinated with your other estate-planning documents.
For additional information, explore our other Utah estate-planning articles:
● How to Fund a Living Trust in Utah
● What Is a Revocable Living Trust in Utah?
● What Assets Should Go Into a Living Trust in Utah?
● Do I Need a Will If I Have a Living Trust in Utah?
Need Help Choosing a Successor Trustee?
At Integrity Law, we help individuals and families in Tooele County, Salt Lake, Davis, Utah County and throughout Utah create estate plans designed to protect their assets and provide clear instructions for their loved ones.
We can help you understand the responsibilities of a successor trustee and consider how different trustee arrangements may fit your family's needs.
Schedule a free Consultation today 435-277-0529
Integrity Law — Wills & Trusts
7 S Main Street, Suite 316
Tooele, UT 84074
435-277-0529
IntegrityLawOffice.com
This article is provided for general educational purposes only and does not constitute legal advice. Trustee duties and appointment requirements depend on the trust document, applicable Utah law, and individual circumstances.
About the Author
Bryan Cowley, Esq.
Estate Planning Attorney | Founder of Integrity Law
Bryan Cowley is the founder of Integrity Law in
Tooele, Utah, His practice focuses exclusively on
estate planning, including revocable living trusts, wills,
powers of attorney, healthcare directives, and trust
administration.
Bryan has the heart of an educator and wants his
clients to understand and not be overwhelmed.
Through articles like this, he is committed to
educating Utah families on wills, trusts and estate
planning so they can make informed decisions about
protecting what matters most.
📞 (435) 277-0529
📍7 S Main Street Suite 316 Tooele, Utah
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Article Information
Last Updated: November 8, 2026
Reviewed By: Bryan Cowley, Utah Estate Planning
Attorney
Practice Areas:
- Revocable Living Trusts
- Wills
- Powers of Attorney
- Trust Administration
