72-33-616. Resignation of the trustee. (1) A trustee who has accepted the trust may resign only by one of the following methods:
     (a) as provided in the trust instrument;
     (b) in the case of a revocable trust, with the consent of the person holding the power to revoke the trust;
     (c) in the case of a trust that is not revocable, with the consent of only all of the adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time consent is sought; or
     (d) pursuant to a court order obtained as provided in subsection (2).
     (2) On petition by the trustee, the court shall accept the trustee's resignation. The court may also make any orders necessary for the preservation of the trust property, including the appointment of a receiver or a temporary trustee.

     History: En. Sec. 54, Ch. 685, L. 1989.